Terms and Conditions

Effective Date: May 31, 2025

Welcome to www.tracyimmanuelart.com (the “Website”), owned and operated by Tracy Immanuel Art (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of the Website, including browsing, purchasing artwork, and interacting with our services. By accessing or using the Website, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein.

If you do not agree with these Terms, please refrain from using the Website.

  1. Use of the Website

1.1 Eligibility

To use the Website, you must be at least 18 years old or have the consent of a legal guardian. By using the Website, you confirm you have the legal capacity to enter into a binding agreement.

1.2 License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes, subject to these Terms. You may not:

  • Modify, copy, distribute, or create derivative works from the Website or its content without written permission.
  • Use the Website for any unlawful purpose or in violation of these Terms.
  • Attempt to interfere with the Website’s functionality, including introducing viruses, hacking, or other malicious activity.

1.3 Account Responsibility

To purchase artwork or access certain features, you may be required to create an account. You are responsible for:

  • Providing accurate and current information.
  • Maintaining the confidentiality of your account credentials.
  • All activities conducted under your account.

We may suspend or terminate your account for suspected fraudulent activity, unauthorized use, or violation of these Terms.

  1. Purchasing Artwork

2.1 Sales Contract

All purchases (original works, prints, or commissioned pieces) made through the Website are legally binding agreements between you (the “Buyer”) and Tracy Immanuel Art (the “Seller”).

By placing an order, you agree to:

  • Pay the listed price, plus any applicable taxes, shipping, or handling fees at checkout.

2.2 Pricing and Payment

  • Accuracy: We strive for pricing accuracy but reserve the right to correct errors. If the actual price is higher than listed, we will contact you before proceeding.
  • Payment: Payments are securely processed via third-party providers (e.g., PayPal, Stripe). You must comply with their terms.
  • Taxes & Duties: Prices exclude applicable taxes. These are calculated at checkout. International buyers are responsible for any customs duties.

2.3 Order Cancellation

We reserve the right to cancel or refuse any order due to suspected fraud, pricing errors, or unavailability. In such cases, we’ll notify you and issue a full refund.

  1. Returns & Refund Policy

3.1 Originals & Made-to-Order Art

All sales of original and custom-made artwork are final and non-refundable, unless damaged during shipping.

3.2 Damaged Items

If your order arrives damaged:

  • Contact info@tracyimmanuelart.com within 5 days.
  • Include clear photos of packaging and the item.
  • We will assess and offer a replacement, partial, or full refund.

3.3 Non-Delivery

If your item is not delivered due to our error:

  • Notify us within 21 days of the estimated delivery date.
  • We’ll offer a full refund or reship the artwork at no extra cost.
  1. Shipping Policy

4.1 Shipping Process

  • Orders ship within 5–7 business days, unless otherwise stated (e.g., commissioned pieces).
  • Carriers include Royal Mail, UPS, FedEx, and DHL.
  • Estimated delivery: 5–21 working days, depending on location.
  • Shipping fees are included; taxes are your responsibility.
  • We are not liable for delays caused by carriers or customs.

4.2 International Shipping

  • You are responsible for any customs duties or import taxes.
  • International shipments may be delayed due to customs processes.

4.3 Risk of Loss

Risk of loss transfers to you upon delivery to the carrier. We recommend purchasing shipping insurance.

  1. Intellectual Property

5.1 Ownership

All content on the Website—including artwork, images, text, logos, and designs—is the property of Tracy Immanuel or her licensors and is protected under Singapore and international copyright laws.

5.2 Limited License for Buyers

Upon purchase, you are granted a limited, non-exclusive license to display the artwork for personal, non-commercial use. Reproduction or redistribution is prohibited without written permission.

5.3 User Content

If you upload content (e.g., for commissions), you grant us a non-exclusive, royalty-free license to use it solely to fulfill your order or promote our services. You confirm that you own the rights to such content.

5.4 Copyright Infringement

To report infringement, contact info@tracyimmanuelart.com with a detailed description, in accordance with the DMCA.

  1. Artist Commissions

6.1 Commission Process

To commission artwork:

  1. Submit a request via the Website or email.
  2. Agree on scope, price, and timeline.
  3. A 30% non-refundable deposit is required.
  4. Approve sketches or drafts during the process.

6.2 Payment & Delivery

  • Full balance is due upon completion, before shipping.
  • Commissioned artwork typically takes 4–8 weeks, depending on complexity.

6.3 Non-Returnable

Commissioned pieces are non-returnable, unless damaged or not as agreed. Disputes will be assessed case-by-case.

7. Limitation of Liability

To the fullest extent permitted by law, Tracy Immanuel Art is not liable for:

  • Indirect, incidental, or consequential damages.
  • Delays in shipping or technical issues on the Website.

Our total liability is limited to the amount paid for the artwork in question.

8. Disclaimer of Warranties

The Website and all artworks are provided “as is” and “as available”, with no express or implied warranties, including:

  • Merchantability or fitness for a particular purpose.
  • That the Website will be error-free or secure.
  • That displayed colors match exactly due to screen variations.

9. Indemnification

You agree to indemnify and hold harmless Tracy Immanuel Art and its team from any claims, losses, or expenses (including legal fees) arising from:

  • Your use of the Website.
  • Violation of these Terms.
  • Infringement of third-party rights

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of Singapore.

10.2 Dispute Resolution

Disputes shall be resolved via binding arbitration in Singapore, under the Singapore International Arbitration Centre (SIAC) rules.

11. Privacy Policy

Your use of the Website is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review the Privacy Policy at https://tracyimmanuelart.com/privacy-policy.

12. Termination

We may suspend or terminate your access to the Website at any time without notice if you violate these Terms or act in a way harmful to us or other users.

13. Contact Information

For questions, concerns, or returns, contact us at:
📧 Email: info@tracyimmanuelart.com

14. Entire Agreement

These Terms, together with the Privacy Policy and any other referenced policies, represent the entire agreement between you and Tracy Immanuel Art. If any part is found invalid, the remainder remains enforceable.