TERMS AND CONDITIONS​

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Terms and Conditions

Effective Date: 12/04/2025
Governing Entity: byKEIRSTEN (the “Company”), a USA-based business.

By accessing or using this website (the “Site”), you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to all of the terms, you must not use this Site.

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Rights to Artwork and Images

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All artwork, images, and graphics are the sole property of byKEIRSTEN and may not be used by any third party without written permission.  

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Copying or reproducing artwork created byKEIRSTEN (as seen on bykeirsten.com, or elsewhere) is strictly prohibited without written permission from the artist.  

• byKEIRSTEN retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business.  

• byKEIRSTEN retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.   

• byKEIRSTEN retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED byKEIRSTEN UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.

• If you own an original painting and would like to discuss purchasing further rights, displaying the work in a public space, or nullify my right to reproduce, please contact keirsten

Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork. Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artists name). All other uses must be agreed to in advance in writing. 

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Products and Orders

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​All products are made to order. Once submitted, orders are final and cannot be canceled or modified. We do not offer refunds or accept returns under any circumstance, including for buyer’s remorse, sizing errors, or late delivery.

 

Damaged Goods: If your print arrives damaged, you must notify us within 7 calendar days of delivery with photographic evidence. Upon review, we will issue a replacement at our sole discretion. Replacement does not include refunds, upgrades, or expedited shipping. 

 

During peak holiday periods, allow up to 14 business days for production, not including shipping time. Delivery timelines are estimates and not guaranteed.

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Intellectual Property

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All content, including but not limited to artwork, images, written content, branding, layout, and product design is the exclusive intellectual property of byKEIRSTEN and is protected by U.S. and international copyright, trademark, and IP laws.

Unauthorized use is strictly prohibited. This includes but is not limited to:

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• Reproducing, distributing, scanning, altering, or reselling our artwork in any format (physical or digital).

• Using our work in AI tools, derivative art, or commercial contexts without explicit written permission.

• Posting, printing, or displaying our content in a commercial or promotional setting.

Violators will be prosecuted to the fullest extent of the law.

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Digital Products

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We may offer digital downloads in the future. All digital products are licensed to the purchaser for personal use only. Redistribution, resale, or reproduction is strictly prohibited. Licensing does not imply transfer of ownership.

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Wholesale

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Retailers interested in wholesale must contact us directly. Any unauthorized resale of our products is considered a violation of these Terms and may result in legal action.  We reserve the right to decline or terminate wholesale accounts at any time for any reason.

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Disclaimer of Warranties

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This Site and its contents are provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee uninterrupted access, error-free content, or that the site will be free of viruses or harmful components. You use this Site at your own risk. We are not responsible for damage to your computer, device, software, or data resulting from your use of this Site.

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Limitation of Liability

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To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, data, or goodwill — arising from:

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• Your use of or inability to access the Site

• Delays or errors in order fulfillment or shipping

• Actions or failures of third-party platforms (e.g., Wix, USPS, Stripe)

• Unauthorized use of our intellectual property

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Our total liability to you under any claim shall not exceed the amount paid by you for the product in question.

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User Conduct & Website Misuse

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You agree not to:

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• Attempt to gain unauthorized access to our systems

• Scrape, crawl, or harvest data from the Site

• Submit false information or impersonate others

• Post abusive, defamatory, or misleading content

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We reserve the right to block or terminate access to users who violate these terms.

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Governing Law & Dispute Resolution

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These Terms shall be governed by the laws of the State of business in the USA, without regard to conflict of law provisions.

Any disputes shall be resolved exclusively through binding arbitration in the USA. By using this Site, you waive the right to pursue disputes in court or participate in class action lawsuits against the Company.

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Modification of Terms

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We reserve the right to update or modify these Terms at any time without prior notice. Continued use of the Site constitutes your acceptance of any changes.

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Contact

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Questions? Contact us here.
We’re happy to help — and serious about keeping our business protected.