Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THE ARTISTS' (GRACE CHOMICK) WEBSITE AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PERSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE ARTISTS' SITES OR THE ARTISTS' SERVICES.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with the Artists' clients and visitors which may interact or interface with Grace Chomick, also known as the Artist, located in Austin, TX, in association with the use of the Artists' website, gracechomick.com (the "Site") and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you. The Site is also an artist portfolio operated by Artist Grace Chomick (also known as “Grace Chomick Illustration”). These Terms set forth the terms and conditions under which you may use the Artists' website and services provided by the Artist.

This website is the official website of Artist Grace Chomick (Grace Chomick Illustration) featuring digital illustrations and other artwork created by Grace Chomick. All digital prints, t-shirts, and other goods listed in the Store on the website, gracechomick.com, are available for visitors and/or clients to purchase online. By using or accessing the website services or online purchase, you approve that you have read and agree to be bound by these Terms.

Any and all visitors to the Artists' site shall be deemed as "users" of the herein contained Services provided for TOS.

Every user's data and other personal information are strictly protected by Grace Chomick's Online Privacy Policy. As a user, you herein consent to the collection and use of the information provided, including transfer of information within the United States and/or other countries for storage, processing or the use by Grace Chomick.

Content and images published on this site such as images (both pictures/photos as well as artworks), graphics, text, logos, video and written content is the property of Grace Chomick and is protected by United States Copyright Laws. The entire collection of artworks and content on this website, gracechomick.com, is the exclusive property of Grace Chomick.

DO NOT reproduce, copy, create "derivative works" (artworks based off of the artists' original work), tattoo or display her artwork without the artists' permission. Selling artwork derived from Grace Chomick's original artwork for profit without giving the artist (the original owner, artist, and creator, Grace Chomick) credit and compensation is also prohibited. In addition, upon purchase any of the artists' artworks, the buyer DOES NOT own the copyrights for the artwork after purchase.

COLOR OF ARTWORKS

You understand and agree that the Artist has made reasonable efforts in order to display the colors of the original artworks accurately on this website. Each individual monitor, cell phone, tablet or other device may display colors differently. The Artist is not responsible for the color accuracy on your computer monitor, cell phone, tablet or other device. This also applies to art prints, there may be color differences between the original artwork and the fine art print. The Artist does her best to match colors accurately, but color differences within art prints verses original artwork may exist.

MODIFICATIONS

The Artist shall reserve the right at any time that may deem fit to modify, alter, increase and/or decrease prices, change shipping and handling rates, update services, change of tax rates and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, the Artist shall not be held liable to you or any third party for any such modification, alteration, suspension, and/or discontinuation of the Artists' services or any part thereof.

THIRD PARTY SERVICES

This website uses third party services and applications that make their services available on this site. When you access third party applications or services or applications, you are bound by the terms and policies of the third party.

APPLICABLE LAW

By visiting this website, you agree to all the laws of [your location] without regard to principles of conflict laws, shall govern these terms of service, or any sort that may come between you and the Artist.

INDEMNIFICATION

You agree to indemnify and hold the website owner, Grace Chomick, from any demands, loss, claims or expenses (including attorney's fees), made against them by any third party due to or arising from, or in connection with your use of the website or any services offered through the website.

PURCHASING POLICY

On completion of your online purchase, you will receive a confirmation email. Grace Chomick will make reasonable efforts to package the artwork and ship it within seven (7) business days. Time frame may depend on seasonal/holiday, or for unforeseeable reasons such as sickness, weather conditions, etc. If the Artist is unable to ship the artwork in a timely manner, she will contact the buyer via email. At this time, Grace Chomick is currently not shipping outside of the United States.

PAYMENTS

All payments are made through third party payment processors. Processing payments through Square or PayPal are subject to the third parties' Terms of Service and Privacy Policy. You agree to pay the Artist, Grace Chomick through one of these third party payment processors, the full amount as charged.

RETURN/REFUND POLICY

All sales are final, No Refunds, No Returns. Artwork is only refunded if it is damaged during shipment. For more information or questions regarding refunds, please contact Grace Chomick via email at howdy@gracechomick.com or through the Contact Form.

CUSTOMER COMPLAINTS

If there are any problems or discrepancies with your purchase or otherwise, please contact the Artist, Grace Chomick, within thirty (30) calendar days of receipt of your delivery via email at howdy@gracechomick.com or through the Contact Form.

STATE GOVERNING LAW

These terms and conditions are governed by the laws of the United States of America and the laws of the State of Texas. You agree and acknowledge that any action to enforce these Terms and Conditions will be brought solely to the State and Federal Courts located in Travis County, Texas.

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding the Terms of Service Agreement or Privacy Policy related to the Artists' website, gracechomick.com, please feel free to contact the Artist, Grace Chomick, via the Contact Form.