Terms of service

OVERVIEW

Welcome to Tactile Atelier. This website is operated by Tactile Fine Arts LLC. Throughout the site, the terms “we”, “us”, and “our” refer to Tactile Atelier. We provide this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our fine art products and services to you.

SECTION 1 - ELIGIBILITY AND ACCOUNT USE

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose.

To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep your login credentials confidential. You are responsible for all activities that occur under your account.

SECTION 2 - ARTWORK REPRESENTATION & QUALITY

We make every effort to display as accurately as possible the colors and textures of our original oil paintings. However, because each piece is handcrafted and digital displays vary (due to screen resolution and calibration), we cannot guarantee that your monitor’s display of any color will be 100% accurate to the physical artwork.

All product descriptions and pricing are subject to change at any time without notice. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction.

SECTION 3 - ORDER ACCEPTANCE AND BILLING

Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 4 - PRICING AND PAYMENTS

Prices for our artworks are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, or discontinuance of the Service.

Unless otherwise stated, all prices are in USD. You are responsible for all charges incurred by your use of the chosen payment method, including any applicable taxes or shipping fees calculated at checkout.

SECTION 5 - SHIPPING AND TRANSFER OF RISK

Shipping and delivery timelines are estimates and are not guaranteed. Please refer to our Shipping Policy for detailed information. Risk of loss and title for the artwork pass to you upon our delivery to the carrier. We provide shipping insurance as a standard courtesy to protect your investment during transit.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tactile Fine Arts LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited license to access the site for personal, non-commercial use only. You must not reproduce, distribute, or modify any content without our express written permission.

SECTION 7 - RELATIONSHIP WITH SHOPIFY

Tactile Atelier is hosted on the Shopify platform. You acknowledge that your contract for the purchase of goods is with Tactile Fine Arts LLC and not Shopify. Shopify is not responsible for any issues arising from the products or services purchased through our store. You agree to release Shopify from any claims related to your transactions with us.

SECTION 8 - THIRD-PARTY LINKS AND TOOLS

We may provide you with access to third-party tools or links to third-party websites which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties of any kind. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

SECTION 9 - USER FEEDBACK AND SUBMISSIONS

If you send us creative ideas, suggestions, proposals, or reviews (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, and distribute those comments in any medium. We are under no obligation to maintain comments in confidence or pay compensation for them.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

• For any unlawful purpose;

• To solicit others to perform or participate in any unlawful acts;

• To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

• To upload or transmit viruses or any other type of malicious code;

• To collect or track the personal information of others.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

IN NO CASE SHALL TACTILE FINE ARTS LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tactile Fine Arts LLC and our parent, subsidiaries, affiliates, partners, officers, and directors from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service.

SECTION 13 - SEVERABILITY AND TERMINATION

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.

SECTION 14 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, without regard to its conflict of law provisions.

SECTION 15 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@tactileatelier.com.

Tactile Fine Arts LLC
127 W Hargett St, Ste 301, Unit 325,
Raleigh, NC 27601, USA
Phone: +1 (213) 290-6820
Support Hours: Mon-Fri, 9:00 AM – 5:00 PM (EST)