TISHA MARK FINE ART - TERMS AND CONDITIONS
All content included on this website, is the property of Tisha Mark Fine Art, our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Tisha Mark reserves all rights of reproduction and all copyrights to artwork created by her. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, do the following:
Retrieve, display and view the content on a computer screen.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Tisha Mark.
You agree not to crawl, scrape, or spider any page of this website.
Tisha Mark does not consent to any of the content on this website being used for purposes of training AI.
Cancellations, Returns, and Refunds
I want you to be happy with your artwork purchase! If you purchase a painting, but change your mind prior to your order shipping out, send me an email at email@example.com referencing your order number and/or the painting you purchased, and I will gladly cancel your order and refund you in full.
If your order has already shipped, I cannot cancel your order, however, you can return the artwork within 30 days from the date of purchase. Send me an email, and we can work something out.
Tisha Mark Fine Art accepts returns within 30 days from the date of purchase. The Customer is responsible for return shipping costs, including shipping insurance, and any loss in value if an item isn't returned in its original condition.
The purchase price will be refunded to the Customer within 7 business days of receipt of the returned item(s), minus any shipping costs and/or loss in value.
Currently, Tisha Mark Fine Art is only shipping within the United States, and offers free shipping to U.S. destinations, including shipping insurance.
Most of my paintings ship out within 1-3 days of your order. However, please refer to individual listings in the shop for shipping times because some artwork is fresh-off-the-easel and requires drying time, and other artwork requires time for framing.
The Customer will be sent an email with tracking information when the order ships.
Most orders ship with USPS Priority Mail. Some larger artwork ships with UPS or a fine art courier service.
If you purchase a painting or submit a Newsletter Subscribe Form on this website, you are consenting to receive occasional marketing emails from Tisha Mark Fine Art. You can revoke your consent to receive marketing emails at any time by using the “unsubscribe” link found at the bottom of every email. Newsletter emails for Tisha Mark Fine Art are serviced by MailChimp.
Last Updated: These Terms and Conditions were last updated on May 9, 2023.
For purposes of this Agreement, “Service” refers to the Business’s service which can be accessed via our website. The terms “I” “we,” “us,” and “our” refer to the Business. “You” refers to you, as a user of Service.
Why I Need Your Information and How I Use It:
To fulfil your order, you must provide me with certain information, such as your name, email address, shipping address, billing address, payment information, and the details of the product that you’re ordering. You may also choose to provide me with additional personal information (for a custom order painting, for example), if you contact me directly.
I rely on a number of legal bases to collect, use, and share your information, including:
- As needed to provide my services, such as when I use your information to fulfill your order, to settle disputes, or to provide customer support;
- When you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
- If necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
Non-Personal Information and Device Information and Cookies
Additionally, when you use my website, I may collect “Non-Personal Information” which includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.
We may also track information provided to us by your browser when you view or use the website, such as the website you came from (known as the “referring URL”), the type of browser you use, the type device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the website, to maintain the quality of service, to provide general statistics regarding use of the website and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Business may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
Information Sharing and Disclosure
Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances, as follows:
Service providers. I engage certain trusted third parties to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
Business transfers. If I sell or merge my business, I may disclose your information as part of that transaction, only to the extent permitted by law.
Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:
Access. You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.
Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.
Object. You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
Complain. If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
Age of Consent
By using the Service, you represent that you are at least 18 years of age.
How to Contact Me:
For purposes of EU data protection law, I, Tisha Mark, am the data controller of your personal information.