Terms | Francesca-Grace Art

Terms and Conditions:

OVERVIEW:

Legal Consent:

By submitting payment or ordering a product/service, you signify full acceptance of all defined policies, disclaimers, procedures, and protection clauses stated herein without exception.

This legally binding acceptance applies to all current and future transactions unless terms are explicitly amended in writing or terminated. Ignorance, misunderstanding, or lack of review does not discharge liability or agreements made.

Purchase Inquiries:

All inquiries related to purchasing available artwork, commission requests, or other related offerings must be directed to the artist Francesca Grace directly via email at francesca@francesca-grace.co.uk Third party agents or representatives are not authorized to handle purchases on the artist's behalf. Please contact the artist directly for all purchase-related discussions.

This website and the products/services offered are provided by Francesca-Grace Art, trading under the business name CG Emporium ltd. In addition to direct sales, Francesca-Grace Art may loan out select artwork pieces to appropriate businesses, galleries, hotels and establishments as part of our Artwork Loan Program described below.

Avoiding Scams:

We advise customers to contact us directly via email to confirm legitimacy before providing any personal or payment information, to avoid potential scams.

Prohibition on Threatening Conduct:

Francesca Grace Art and CG Emporium Ltd maintain zero tolerance regarding threatening, aggressive, or harassing conduct of any kind towards our artist, brand, or staff.

This includes but isn’t limited to threats of violence or intimidation; verbal harassment; hate speech, sexism or discrimination; bullying, coercion, or extortion.

We reserve full discretion to determine violations of this policy at any reasonable standard.

Any buyers or partners found engaging in prohibited threatening manners will be permanently barred from purchasing artwork, requesting commissions utilizing any services, licensing offers, or conducting future business with us. No exceptions or appeals will be made.

Prohibited Uses:

You are prohibited from using this website or its contents for any illegal or unauthorized purpose, including but not limited to: (a) violating laws or regulations; (b) infringing on our intellectual property rights; (c) harassment, abuse, or privacy violations; (d) spreading malware or viruses; (e) scraping, crawling, or duplicating content; (f) any commercial or promotional use. We reserve the right to terminate use of our website/services for any prohibited activity.

FRAUDULENT ACTIVITY:

Francesca-Grace Art is occasionally subject to unauthorized use of our brand name, trademarks, or imagery in fraudulent scams or activities. We advise customers to directly contact us to verify the authenticity of any communication before providing personal information or payments, to avoid fraud. Customers should not rely on external communication without first confirming directly with our official channels. We do not take responsibility for any unauthorized fraudulent activity committed using our identity without official confirmation from us first. Please contact us immediately if you suspect or are unsure about any activity claiming to be associated with our brand.

Francesca-Grace Art is the owner of all images, artwork, and content on this website, which are protected by copyright and intellectual property laws. The unauthorized use or reproduction of any of the content is strictly prohibited. By accessing or using this website, you agree not to reproduce, distribute, or use any of the images or content without the express written consent of Francesca-Grace Art. Any violation of these terms may result in legal action.

INFRINGEMENT AND INTELLECTUAL PROPERTY:

At Francesca-Grace Art, we are committed to upholding intellectual property rights and respecting the creative works of others. We take copyright infringement seriously and strive to ensure that all the artworks and content displayed on our website are original or appropriately licensed. If you believe that any content on our website infringes upon your intellectual property rights, please contact us immediately with the relevant details and supporting documentation. We will promptly investigate the matter and take appropriate action as required by law.

TAKEDOWN PROCESS:

To request removal of infringing or unauthorized uses of artwork or website content, please use the contact form with the following information:

-URL/location of the infringing content

-Proof of copyright ownership

-Description of the infringing use

-Your contact information

SHARING AND EDUCATIONAL USE:

Use of artwork images or website content for educational, instructional, or other non-commercial purposes may require prior written permission. Please contact us through the contact form with details of your proposed use for licensing requests.

Use of artwork for publications, presentations, commercial purposes or merchandise requires direct discussion and approval. We only license under certain circumstances that fully resonate. Please contact us to discuss proposed uses and terms.

Artwork images used for permitted educational or sharing purposes must include the credit: “Artwork by Francesca Grace” or “Image courtesy of Francesca Grace” along with any existing copyright notice.

Artwork images may not be altered, edited, filtered, cropped, or modified in any way without prior express written permission from the artist.

Francesca Grace reserves the right to revoke any permissions granted for use of artwork images at any time for any reason.

While we encourage the sharing and discussion of our artwork for educational purposes, with the above guidance in mind, any use of our artwork for such purposes must be accompanied by proper credit and attribution. When sharing our artwork on social media or using it for educational purposes, please clearly indicate that the artwork is created by Francesca Grace and provide appropriate tagging or mention. It is important to respect and preserve the artist's copyright by not removing or altering any copyright notices or watermarks. By sharing or using our artwork, you agree to comply with these guidelines.

Francesca-Grace Art values your privacy and is committed to protecting your personal data. Any personal information collected through this website, including but not limited to name, email address, and phone number, will be used solely for the purpose of communicating with you about Francesca Grace's artwork and related events.

We may use cookies and third-party analytics tools to collect non-personal information about website visitors, such as IP address and browsing behavior. This information is used to improve the user experience and website functionality.

Francesca-Grace Art will never sell, rent, or share your personal information with any third parties without your explicit consent, except where required by law. We take appropriate measures to ensure the security and confidentiality of your personal data.

By using this website, you consent to the collection and use of your personal data as outlined in this Privacy Policy. If you have any questions or concerns regarding our Privacy Policy or the use of your personal data, please contact us.

DATA COLLECTION:

This website uses cookies and other tracking technologies to collect non-identifiable information about site visitors. This data is used to improve user experience and site functionality.

DISCLAIMER:

The information provided on this website is for informational purposes only. It is not intended to be and should not be construed as legal, financial, or other professional advice. The content on this website is provided "as is" and Francesca-Grace Art makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information contained on this website. Any reliance you place on such information is strictly at your own risk. In no event will Francesca-Grace Art be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

DISCLAIMER OF WARRANTIES:

The products and services on this website are provided on an "as is" basis without warranties of any kind, either express or implied. Francesca-Grace Art disclaims all warranties including the warranty of fitness for a particular purpose.

Francesca-Grace Art does not warrant that the functions contained in the materials on this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.

Francesca-Grace Art makes no warranties or representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise.

Francesca-Grace Art shall not be liable for any consequential, indirect, incidental, special, or punitive damages arising out of or connected to this agreement.

By using this website and purchasing products or services, the user accepts the disclaimer of warranties and agrees the materials and services are provided “as is.” The user assumes the entire risk as to the quality, safety, and performance of the materials and services.

LIMITATION OF LIABILITY:

Francesca-Grace Art shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of this website or the products or services provided. By using this website or purchasing any products or services, you acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, adequacy, completeness, correctness, authenticity, validity, and reliability of any information, product, or service provided through this website.

Under no circumstances will Francesca-Grace Art's aggregate liability exceed the amount paid by the user for the products or services purchased through this website.

Indemnification:

You agree to defend, indemnify, and hold harmless Francesca-Grace Art from any claims, damages, liabilities, losses, or expenses (including attorney fees) arising from your use of this website, any violations of these terms, or any other actions connected with the use of this website or services.

SEVERABILITY:

If any provision of these Terms is deemed invalid or unenforceable by any court of competent jurisdiction, that provision will be ineffective only to the extent of such invalidity or unenforceability, without invalidating or rendering unenforceable the remainder of these Terms. The invalid or unenforceable provision will be modified or interpreted to the extent possible to render it enforceable while preserving its intent.

JURISDICTION AND GOVERNING LAW:

This website is operated and managed by Francesca-Grace Art from the United Kingdom. Any disputes arising out of or in connection with the use of this website or the products or services provided shall be governed by and construed in accordance with the laws of the United Kingdom. You agree that any legal action or proceeding between you and Francesca-Grace Art related to the use of this website or the products or services provided shall be brought exclusively in the courts of the United Kingdom.

For international sales, any disputes shall be governed by the laws of England and Wales and settled exclusively by the courts of England and Wales.

The jurisdiction and governing law statements relate closely to the liability limitations, so keeping them sequential makes logical sense.

Should all attempts at resolution fail, any legal action shall proceed under the jurisdiction stated above.

Jurisdiction

Any legal disputes are subject to the exclusive jurisdiction of the courts of England and Wales. The laws of England and Wales shall govern any disputes.

ADDITIONAL TERMS:

Any situation encountered outside defined policies in Terms & Conditions will be handled at the reasonable discretion of Francesca Grace Art in the best interest of all parties.

PAYMENT TERMS:

The payment process is tailored to the buyer, and there is no "one size fits all" payment method. We take extreme pride in accommodating the best possible service for our clients, thus we have alternatives outside our traditional payment methods (which you can find below). Please get in contact beforehand to discuss appropriate payment methods that are outside our traditional methods.

Invoicing:

Invoices will be sent electronically to the email address provided by the customer upon ordering.
If a customer requires a paper invoice sent by post, this must be requested prior to ordering. Additional fees may apply for paper invoicing.
The standard procedure is for invoices to be delivered electronically via email in PDF format. Customers are responsible for providing an accurate email address.
Any billing queries must be raised within 7 days of receiving the invoice. We reserve the right to refuse queries after this period.

Pricing:

The prices displayed for artwork, commissions, and other products/services are subject to change without notice. We reserve the right to modify pricing for any reason and at any time, at our sole discretion.

Deposits and Payments:

A non-refundable deposit of 50% of the total price is required to initiate any commission requests or purchases over £1000. This deposit indicates a commitment to purchase.
Installment payment plans may be offered, but the full amount is owed regardless of any cancellation once the deposit is made.
If the buyer commits to the full purchase after paying the deposit, the deposit amount will be credited towards the final invoice total. The buyer will only need to pay the remaining balance after the deposit is applied.
Purchases are not considered finalized until fully cleared payment has been received. Ownership and title of the artwork remain with the artist until payment is completed.

Late Payments:

Full payment must be received by the due date listed on the invoice. A 1.5% monthly interest charge will apply to overdue accounts after 30 days past due. Additional fees may occur. We reserve the right to cancel the sale if payment is more than 90 days late. By ordering, you agree to these late payment terms.

Cancellations and Refunds

Deposits are non-refundable if the client cancels the commission or purchase for any reason.
No refunds will be provided if the client cancels the purchase after a deposit has been made, except in exceptional circumstances at the sole discretion of the artist.
All refunds and cancellations are subject to the discretion of the artist. Refunds will only be considered for exceptional cases.

PACKAGING AND DELIVERY:

At Francesca Grace, we are committed to ensuring the safe and secure delivery of our artwork while minimizing our environmental impact. We take great care in packaging each piece to ensure its protection during transit.

Sustainability is a core value of our brand, and we strive to use eco-friendly packaging materials whenever possible. We prioritize the use of recyclable and biodegradable materials to minimize waste and reduce our carbon footprint.

Please note that due to the nature of shipping artwork, we may use additional protective measures to safeguard your purchase. These measures are in place to ensure that your artwork arrives in pristine condition, ready to be enjoyed for years to come.

We encourage you to responsibly dispose of the packaging materials in an environmentally friendly manner, recycling or reusing them whenever possible.

Thank you for joining us in our commitment to sustainability and for supporting the arts. If you have any questions or concerns about our packaging and delivery process, please don't hesitate to contact us.

ARTWORK LOAN PROGRAM:

Francesca-Grace Art may loan out select artwork pieces to suitable businesses, galleries, hotels, and establishments for display purposes.
The loan period will be specified in a loan agreement signed by Francesca-Grace Art and the borrower. Loans may be open-ended or for a defined period of time.
Borrowers must agree to display the artwork prominently and include signage crediting Francesca-Grace Art as the artist.
Borrowers are responsible for the costs of transporting and insuring artwork during the loan period. Artwork must be returned promptly at the end of the loan period.
Francesca-Grace Art retains the right to request a return of loaned artwork at any time for any reason with reasonable notice to the borrower.
Borrowers shall not modify or repair loaned artwork. Francesca-Grace Art reserves the right to inspect conditions upon return.
Any damage to artwork during the loan period will be the responsibility of the borrower. Required insurance levels will be specified.
Loaned artwork may be available for sale. Inquiry on price and acquisition shall be directed to Francesca-Grace Art.

Shipping

A signature and ID verification are required upon delivery for all packages valued over £2000.
The buyer assumes full responsibility and liability for the package once it leaves the artist's studio.
Insurance is required for all artworks valued over £5000 during shipping. The level of coverage will be specified.

Scam Protection

Customers are advised to verify any communications directly with the artist before providing personal information or payment to avoid scams.
Francesca Grace is not liable for any unauthorized fraudulent activity or scams conducted without the artist's explicit confirmation.
Any scams or unauthorized use of the artist's brand identity will be reported and appropriate legal action will be taken.

SHIPPING AND HANDLING FEES:

Shipping and handling fees are calculated based on the weight and size of the product, as well as the destination. These fees will be outlined during the checkout process and are the responsibility of the buyer. Any additional taxes or customs duties that may be incurred upon delivery are also the responsibility of the buyer.

INTERNATIONAL ORDERS:

For international shipments, the buyer is responsible for 100% of import duties, customs fees, taxes or other expenses related to local market clearance regulation compliance.

RETURN POLICY:

For original artworks, Francesca-Grace Art offers a 90-day money-back guarantee. If you are not satisfied with your original artwork purchase, please contact us within 90 days of receiving your order to discuss a return.

For all other items including prints, cards, and merchandise, we offer a 30-day money-back guarantee. Please contact us within 30 days of receiving your non-original order to discuss a return.

Please note that all returns must be in original condition with no damage or missing parts. The customer is responsible for return shipping costs unless the return is due to an error on our part. Refunds will be issued to the original payment method.

PRECONDITION FOR FULFILLMENT:

All purchases, orders, and commissions are only fulfilled and released to the buyer after full cleared payment has been received according to the Payment Terms.

Title and risk are transferred upon receipt of verified payment - not before. Ownership remains fully with the artist until payment is received in full.

We reserve the right to withhold shipment of any purchase until all payment conditions are met.

SATISFACTION GUARANTEE:

We want customers to be completely satisfied with their Francesca-Grace Art purchase. If you are unsatisfied with your original artwork, please contact us within 90 days of receiving your order to initiate a return. For all other items, please contact us within 30 days. We will provide instructions on how to return the item. Once received in its original condition, we will issue a refund for the purchase price.

Please note the following conditions for returns and refunds:

The item must be returned in its original packaging and in the same condition as when received.

Shipping costs for returning the item are the responsibility of the customer unless the return is due to a mistake on our part.

Refunds will be issued using the original payment method.

Exchanges and Damaged Items:

If your print or card arrives damaged, please contact us immediately with a photo of the damaged item. We will gladly replace it with a new one at no additional cost.

Please keep in mind:

Colors may vary slightly from what is seen on your screen due to monitor settings and printing processes.

All artwork is copyrighted and may not be reproduced without permission.

If you have any questions or concerns about your purchase, please don't hesitate to reach out to us. We are here to assist you and ensure your complete satisfaction.

CANCELLATIONS:

Deposits are non-refundable if the client cancels the commission or purchase for any reason or fails to complete the transaction. In such cases where completion is not possible for any reason, the brand reserves the right to seek compensation for any losses incurred.

By making a deposit for a painting or initiating the installment payment plan, the client acknowledges and agrees to fulfill the full buying process. Should the client choose not to continue with the full process for any reason, no refund will be provided, and the brand may pursue compensation for any resulting damages.

We understand that unforeseen circumstances may arise, and we encourage clients to reach out to us in advance if they encounter any payment issues or have concerns. We are committed to finding a fair resolution and believe that open communication is crucial in resolving any difficulties in a respectful and understanding manner.

For exceptional circumstances where a refund may be considered, we kindly request that you contact us directly to discuss your situation. Each case will be thoroughly reviewed, and if a refund is deemed appropriate, it will be processed in accordance with our policies and procedures. Please note that refunds are subject to our discretion and will be handled based on the specific circumstances of the situation.

We value the satisfaction and well-being of our clients and aim to provide the best possible support. By contacting us directly, we can address your concerns and work towards a mutually agreeable resolution.

PAYMENT METHODS:

Francesca-Grace Art accepts a variety of payment methods for your convenience, including:

PayPal
Credit/debit cards processed through Square
Bank transfers
Tide payment links - secure personalized links for online card payments through Visa, Mastercard, or Apple Pay. Tide links can be used for deposits, installment payments, or full payment amounts. Customers can check out as a guest.

Cash: Cash payments are accepted for purchases under £500. For cash payments over £500, an appointment is required to finalize the payment in-person at our studio location. This scheduled meeting for larger cash sums allows us to:

Verify payment
Ensure we are available
Take appropriate security precautions

For very large cash payments, you may be asked to meet in a public place or we may request a colleague join us.

INTERNATIONAL PAYMENTS:

We gladly accept international payments through our payment partners PayPal and Square, ensuring a seamless and secure transaction process for customers worldwide. Additionally, Francesca-Grace Art also accepts international bank transfers, providing flexibility for customers who prefer this payment method. Rest assured that our bank account can accommodate international transfers. Please note that this is for European countries only.

PAYMENT PROCESS:

Payment for products or services offered on this website is processed through Francesca-Grace Art, which provides an invoice for payment. Once an order has been placed, an invoice will be generated and sent to the customer's provided email address (subject to the customer's preferred contact method). Payment must be made within the number of days stated upon receiving the invoice. Failure to make payment within this timeframe may result in the cancellation of the order.

Payment Processing:

A 3% processing fee is applied to all sales to offset provider costs.

For certain methods, additional charges may apply. If significant fees are incurred, the buyer agrees to cover reasonable additional processing costs. Lack of visibility does not warrant cost exemption.

REFUND POLICY:

Approval for refunds within policy timeframes remains at full discretion of Francesca Grace Art, even for returns meeting requirements.

ON HOLD" PAINTING DISCLAIMER:

The artwork labeled as "On Hold" on this website indicates that the piece has been claimed by a customer through a deposit payment. These pieces may be in the process of being purchased via deposit/installments. Please note the following terms regarding on-hold artwork:

On Hold Status:

The "On Hold" status indicates that the artwork is currently unavailable as it has been claimed by a specific customer with a deposit.

Deposit or Installment Payments: The deposit and/or installments required to place and hold the artwork are negotiated between us and the client. The specific terms of the deposit will be mutually agreed upon.

Hold Duration:
The duration of the on-hold period will be communicated to the customer. If they fail to complete the final payment by the specified date, the hold expires and artwork may become available again.

Availability: If you are interested in an on-hold piece, you may express interest by contacting us. We will notify you if it becomes available again in the future.

No Guarantees:
Placing an on hold deposit does not guarantee availability or future purchase. The "On Hold" status is temporary and subject to change per the purchase agreements.

We appreciate your understanding and patience as we work with our customers to fulfill their purchase commitments.

If you have any questions or inquiries about reserved artworks, please feel free to contact us for further information.

ARTWORK STATUSES

Unavailable: Artwork labeled as "Unavailable" indicates that the piece is currently not available for purchase, bidding, or inquiries, for unspecified reasons.

Auction Reservation:

Some artwork may be opened up for a limited competitive bidding reservation process between potential buyers at the artist’s discretion.

In these cases, interested parties submit confidential written bids stating the maximum they are willing and able to pay to reserve the piece. An artwork's status would be changed to “Auction Reservation” or “Bidding Open” during this period.

At the end of the open bidding window, the highest eligible offer will reserve the right of first refusal. We retain protocols around bid validation and may request verification of the ability to pay amounts tendered.

The buyer will then complete the standard purchasing process at their winning reserved price. If they fail to follow through, the second highest bidder may be awarded purchase rights. Loss of reservation eligibility due to non-payment may restrict future participation.

Art in auction reservation status ultimately remains subject to the satisfaction of all terms and conditions by a single final buyer. We retain the right not to finalize any sale, in which case the status would reset back to available. Please enquire regarding fine auction details.

ARTWORK LOCATION DISCLOSURE POLICY:

Purpose:

The purpose of this policy is to provide transparency and showcase the international reach of our artwork while respecting the privacy preferences of our collectors.

Consent Process:

We seek individual consent from private collectors before disclosing the general location of their artwork.
Consent is obtained on a case-by-case basis, and collectors have the option to choose whether they want the location of their artwork to be disclosed.
We respect the privacy preferences of our collectors and understand that not all collectors may grant permission for location disclosure.

Scope of Disclosure:

The disclosed information will be limited to the country or continent where the artwork is located.
No personally identifiable information or precise addresses will be disclosed.

Privacy Protection:

We are committed to safeguarding the privacy and confidentiality of our collectors.
Any personal information collected will be handled with care and will not be shared with third parties without explicit consent.

Withdrawal of Consent:

Collectors have the right to withdraw their consent for location disclosure at any time.
Upon receiving a withdrawal request, we will promptly remove or modify any disclosed location information.

Documentation:

We maintain a record of collectors who have given consent for location disclosure, along with the corresponding details of their artwork locations.
This record ensures accountability and helps us track permissions granted.

Review and Updates:

This policy will be periodically reviewed and updated as needed to reflect changing circumstances or privacy concerns.

Disclaimer of accuracy

Please note that the photos of the artwork displayed on this website may not provide a direct representation due to factors such as screen brightness and individual perception. We strive to accurately depict the artworks; however, we recommend exploring our social media platforms, including TikTok and Instagram, for a broader range of photos and real-time videos that may offer a more comprehensive representation of the artwork. These platforms provide additional perspectives and glimpses into the details, textures, and nuances of each piece.

Right to Refuse Service:

Francesca-Grace Art reserves the right to refuse service, cancel orders, or terminate relationships with any buyers who display threatening, unethical, or unlawful behavior towards the artist, brand, or staff. This includes harassment, threats, fraud, violations of terms, and any other conduct deemed inappropriate at our sole discretion.

If we feel that completing a sale, loan, or other transaction could compromise the safety, integrity, or well-being of the artist or brand, we reserve the right to withdraw and refuse service with or without notice, even if an agreement is already in place.

In such cases where service is refused on these grounds, any deposits or payments made may be forfeited. We will attempt to find a mutually agreeable resolution, but priority is given to the protection, comfort, and discretion of the artist in service interactions.

CONTACT:

For any inquiries, requests, or questions related to these terms and conditions, artwork, or other offerings, please contact francesca@francesca-grace.co.uk directly via email.

We invite you to visit our social media accounts to further explore the artworks and experience them in different contexts. Both are available for desktop view as well as in-app.

Instagram: @francescagracefineart Tiktok: @cgemporium

ADDITION:

Preferred Payment Method:

If paying by bank transfer, please make the payment to "GC EMPORIUM LTD" using the banking details provided on your invoice.

Please note that cheques are not accepted at this time. Thank you for your cooperation.

Once a piece of artwork is acquired from Francesca-Grace Art, it is strictly prohibited to sell, transfer, or otherwise distribute the artwork without prior written consent from the brand. Any attempt to do so is considered a vital violation of the contract and will result in legal action. Should a collector or business wish to sell or transfer ownership of artwork, they must contact Francesca-Grace Art to initiate the proper procedures and obtain the necessary approvals. By engaging with our services, you acknowledge and agree to abide by these terms.