Terms of Service
Last updated: September 15th, 2024
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.velfineart.com website ("Vicente Enriquez Landin Fine Art", the "Service") operated by Vicente Enriquez Landin (the "Artist"), who represents VEL FINE ART, LLC.
Introduction
Welcome to Vicente Enriquez Landin Fine Art! Vicente Enriquez Landin is the artist behind the creations you’ll find on this site. As the founder, owner, and manager of VEL FINE ART, LLC, he is committed to providing you with an exceptional experience and ensuring your satisfaction with every purchase. These Terms of Service govern your use of this website and outline the rights and obligations between you and the Artist, in the context of transactions and interactions. This platform is operated by the Artist and powered by Squarespace.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
Products and Services
- The Artist provides a variety of products and services through Vicente Enriquez Landin Fine Art, catering to your artistic needs. These offerings are categorized into two main groups:
1. Products:
a) Physical Products: Collections of original artworks, prints, and unique objects meticulously crafted by the Artist. These tangible pieces serve as a source of inspiration and creativity for any space.
b) Digital Products: A digital library of downloadable PDFs, high-resolution images, templates, e-books, audio files, tutorials, courses, video-on-demand, and a member site. Designed to ignite creativity and enhance your artistic skills, these digital resources cater to both novice and experienced artists.
2. Services:
a) Physical Services: Personalized instruction and guidance through in-person art lessons, tutorials, workshops, consultations, experiences, talks, and lectures. These hands-on experiences are held in various locations and are available in both English and Spanish. Led by the Artist, they are tailored to enhance your artistic abilities.
b) Online Services: Interactive online art lessons, workshops, and consultations conducted by the Artist from the comfort of your own space. Engage with fellow artists, receive personalized feedback, and expand your artistic horizons through these online services.
- Please note that the range of products and services offered by Vicente Enriquez Landin Fine Art may not always be available in their entirety. The Artist reserves the right to add or remove products and services based on factors such as demand, workload, and other considerations, without prior notification at any time. Clients are encouraged to check the availability of products and services by visiting the Artist’s website, where current offerings will be listed.
- The Artist offers some products or services that are only accessible online through the website. These products or services are in limited supply and can only be returned or exchanged according to the Return Policy.
- The Artist tries to show the colors and images of the products as accurately as possible at the store; however, he cannot assure that the colors you see on your computer monitor, tablet, cellphone, or any other device’s screen will match the actual colors.
- The Artist has the right, but not the obligation, to restrict the sales of the products or services to any individual, area, or jurisdiction. He may use this right on an individual basis and set limits for any products or services that he offers.
- Any product or service that is offered on this site is not valid where it is forbidden by law.
- The Artist does not guarantee that the products, services, information, or other material that you buy or get from this website will satisfy your needs, or that the Service will not have any errors that need to be fixed. The Artist is constantly updating product and service offerings on the Service; he may experience delays in updating information on the Service and in his advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and the Artist cannot guarantee the accuracy or completeness of any information found on the Service.
- The Artist therefore reserves the right to change or update information such as the descriptions or prices of the products and services, and to correct errors, inaccuracies, or omissions at any time without prior notice, at his own discretion.
- Before any doubt, inconvenience, or issues associated with the products and services offered on this site, please do not hesitate to contact the Artist. He will be pleased to respond to your request as soon as possible.
- By accessing and utilizing the products and services provided through Vicente Enriquez Landin Fine Art, you agree to abide by the terms and conditions outlined herein.
Purchases
- If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
- You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to the Artist is true, correct, and complete.
- The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant the Artist the right to provide the information to these third-parties subject to his Privacy Policy.
- The Artist reserves the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
- The Artist reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Personal Information
- The Artist’s Privacy Policy applies to any personal information you share with him through the Service (please read Privacy Policy).
Prices
- All prices are listed in USD and are not inclusive of Sales Taxes on the shop page.
- Sales Tax: Only the applicable sales tax will be added to the final balance at Checkout.
- Prices are subject to change without prior notice.
Payment Methods
- Payments are processed through this website, which is powered by Squarespace. This platform includes Squarespace Payments as the main payment processing solution, accepting the following payment methods: Visa, Mastercard, AMEX, Discover, Apple Pay, and Afterpay. Third-party processors such as Stripe, PayPal, or Square, may also be integrated. You will find all the available payment options at Checkout.
- For certain commissions or services, payments can also be made through electronic money transfer services such as Online Direct Deposit, Zelle, or Cash App. Cash is also welcome if local.
- Payments are processed securely by the displayed channels and will be done within the Terms described on this website.
Non-returnable Items
- Sorrowfully, the Artist is unable to process returns for sale items or gift cards. The only returns subject to acceptance are those associated with shipment errors, damage or defects noticed upon receipt of physical artworks or products (please read Return Policy).
Contests, Sweepstakes and Promotions
- Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as the Artist’s Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.
Subscriptions
- Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
- At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, or the Artist cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Artist’s via the following Customer Support Form.
- A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide the Artist with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize the Artist to charge all Subscription fees incurred through your account to any such payment instruments.
- Should automatic billing fail to occur for any reason, the Artist will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Trial
- The Artist may, at its sole discretion, offer a Subscription with a free trial for a limited period ("Free Trial").
- You may be required to enter your billing information to sign up for the Free Trial.
- If you do enter your billing information when signing up for the Free Trial, you will not be charged by the Artist until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
- At any time and without notice, the Artist reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
- The Artist, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
- The Artist will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
- Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds for Paid Subscription Fees
- Except when required by law, paid Subscription fees are non-refundable.
Content
- The Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
- By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant the Artist the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. The Artist reserves the right to terminate the account of anyone found to be infringing on a copyright.
- You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. The Artist takes no responsibility and assumes no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant the Artist the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for the Artist to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
- The Artist has the right but not the obligation to monitor and edit all Content provided by users.
- In addition, Content found on or through this Service is the property of the Artist or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the Artist.
Accounts
- When you create an account with the Artist, you guarantee that you are above the age of 18, and that the information you provide the Artist with is accurate, complete, and current always. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
- You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Artist’s Service or a third-party service. You must notify the Artist immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
- The Artist reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in his sole discretion.
Restriction on Sharing Protected Member Site Assets
- You are prohibited from sharing direct links to protected Member Site assets, including images and videos. These assets are intended exclusively for authorized users and should not be distributed or made publicly accessible. Violation of this restriction may result in account suspension or other appropriate actions.
Prohibited Uses
As a user of Vicente Enriquez Landin Fine Art website, you agree not to engage in any of the following prohibited activities. These restrictions apply to both the products and services on the site:
- You shall not use the site or its content for any unlawful purpose.
- You must not violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
- Avoid infringing upon the Artist’s intellectual property rights or the intellectual property rights of others.
- Refrain from harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- Do not submit false or misleading information.
- Uploading or transmitting viruses or any other type of malicious code that affects the functionality or operation of the Service or related websites is strictly prohibited.
- You shall not collect or track the personal information of others.
- Avoid spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
- The site must not be used for any obscene or immoral purpose.
- Do not interfere with or circumvent the security features of the Service or any related website.
- Refrain from distributing harmful, violent, or illegal content through the site.
The Artist reserves the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
Intellectual Property
- The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Artist and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
- When you purchase artwork, you acquire the ownership of the piece (such as a painting, drawing, print or other form of art). However, it’s important to note that you do not obtain the copyright to the artwork. All rights remain reserved by the Artist. This also extends to all original artwork created by the Artist that is printed on items you have purchased.
- The Artist maintains complete copyright ownership over all generated artwork, encompassing mock-ups, sketches, and prints, associated with any commissions. This grants the ability to use them for promotional and commercial purposes unless otherwise agreed upon. It means that the Artist can produce prints, calendars, posts, etc., featuring the commissioned artwork.
- When artworks are commissioned, the Artist reserves the right to showcase them on his website and social media. If you prefer your commissioned artwork not to be displayed online you should inform the Artist before the commencement of work.
- Reproduction or distribution of the artwork without the Artist’s permission is strictly prohibited.
- If you are interested in using the reproduction rights of an artwork purchased by you, an additional fee applies. By purchasing an artwork, you are granted a non-exclusive license for personal use only. Commercial use requires additional licensing. The pricing details for this are not listed on this website; feel free to reach out for more information.
Reporting Copyright Infringement
If you believe that your copyrighted material has been used on this website without proper authorization, you should promptly report the infringement. To do so, you can contact the Artist via email at contact@velfineart.com. The notification should include:
- Identification of the copyrighted work(s) allegedly infringed.
- Sufficient details to locate the infringing material on the website.
- Your contact information.
- A statement affirming that you believe in good faith that the use is unauthorized.
- A statement affirming that the information provided is accurate, and that you are the copyright owner or authorized to act on their behalf.
Shipping and Delivery
- The Artist offers free shipping on all orders within the continental United States only. Regrettably, he is unable to fulfill orders for Alaska, Hawaii, U.S. territories, or international destinations at this time. He will be pleased to expand his services to these zones in the future. If you are based on one of these areas and are interested in purchasing artwork, please keep in touch via email through support@velfineart.com, the Artist will do everything possible to assist you in your need. Thank you for your understanding.
- For more details visit the Artist’s Shipping Policy.
Quality Guarantee
- The Artist proudly guarantees the highest quality and excellence in the execution of his artworks. All art materials used are of professional grade and are intended to last for generations, if proper conservation measures are taken. Throughout his career, the Artist has never had any problems related to the quality of his work.
Future Responsibility
- The Artist is not responsible for changes in the artwork due to climate, humidity, moisture, molds, infestation, stains, warping, shrinkage, expansion, corrosion or any other events that may occur to artwork(s) over time.
Returns, Refunds, and Replacements
- The Artist understands that unforeseen circumstances may arise, this is why he offers a Return Policy designed to ensure fairness to both his clients and him (please familiarize yourself with his Return Policy).
Commissions
- The Artist occasionally accepts commissions, depending on the volume of work that he has and the requirements of the project. For this type of custom artworks, the Artist has created a specific policy. For details on this respect please refer to his Commission Policy or his Commissions page.
Warranty Disclaimer
- The Artist provides the products and services on this website “AS IS” and without any express or implied warranties of any kind. The Artist does not warrant that the products or services will meet your expectations, be error-free, or be fit for any particular purpose. The Artist also does not warrant that the products or services do not infringe the intellectual property rights of any third party. You assume all risks and responsibilities for your use of the products and services on this website. The Artist disclaims all liability for any damages or losses arising from or relating to your use of the products and services on this website. Some states do not allow the exclusion or limitation of implied warranties, so some or all the above disclaimers may not apply to you.
Limitation of Liability
- The Artist is not liable for any direct, indirect, incidental, consequential, special, or punitive damages that arise from or relate to your use of or inability to use the products or services on this website. This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses. The Artist’s total liability to you for any claim or cause of action arising out of or in connection with these Terms or the products or services on this website will not exceed the amount paid by you for the product or service that is the subject of the claim. Some states do not allow the exclusion or limitation of certain damages, so some or all the above limitations may not apply to you.
Indemnification
- You agree to indemnify, defend, and hold harmless the Artist and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that arise from or relate to your use of or inability to use the products or services on this website, your violation of these Terms, or your infringement of any rights of the Artist or any third party. The Artist reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Artist’s defense of such claims. You agree not to settle any such claim without the Artist’s prior written consent. The Artist will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Termination
- The Artist reserves the right to terminate your access to and use of the Services at any time, for any reason, and without notice. You may also terminate your account at any time, by contacting the Artist and requesting to do so.
- Upon termination, you will lose access to your account and any content or information associated with it. The Artist will not be liable for any loss or damage caused by the termination of your account or the Services.
- The following sections of these Terms will survive any termination: Products and Services, Return Policy, Warranty Disclaimer, Limitation of Liability, and Indemnification.
Dispute Resolution
- Any disputes arising from the use of the Artist’s services will be resolved through negotiation or, if necessary, through legal proceedings in accordance with the laws of the State of Florida. You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located within the State of Florida.
- Open and timely communication is crucial throughout the process. Both parties agree to respond promptly to messages and requests for feedback.
Changes to Policies
- The Artist reserves the right to amend his policy at any time. Users are encouraged to review it periodically for updates.
Contact
- Feel free to reach out via the following Customer Support Form if you have any questions or need clarification regarding these Terms of Service.
By proceeding with the use of the Service, both parties acknowledge and accept these Terms of Service.