Terms and Conditions

Last Updated: December 2024

Please read these Terms and Conditions ("Terms") carefully before using the gwendolynstudio website ("Site"). By accessing or using the Site, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing and using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use this Site.

2. Products and Services

2.1. All paintings and textiles displayed on the Site are original works created by Gwendolyn Hustvedt.

2.2. Product images are representative of the actual items but may vary slightly due to:

  • Monitor display settings

  • Natural variations in materials

  • Handmade nature of the products

2.3. Dimensions, colors, and other specifications are provided as accurately as possible but are subject to slight variations.

3. Pricing and Payment

3.1. All prices are listed in US dollars and are subject to change without notice.

3.2. Payment must be made in full before any order is processed.

3.3. We accept payment through the Square payment gateway, which includes all major credit cards.

3.4. All prices exclude shipping costs, which will be calculated at checkout.

4. Shipping and Delivery

4.1. Orders will be processed within 3 business days of payment confirmation.

4.2. Shipping times vary depending on destination and shipping method selected.

4.3. We are not responsible for delays caused by customs, weather conditions, or other circumstances beyond our control.

4.4. Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.

5. Returns and Refunds

5.1. Due to the unique nature of handmade artwork, we have a limited return policy.

5.2. Items damaged during shipping may be returned within 10 days of receipt.

5.3. To initiate a return, please contact us at artist@gwendolynstudio.com.

5.4. Original shipping costs are non-refundable.

6. Intellectual Property and Digital Image Rights

6.1. Copyright

All artwork, designs, and content on this Site are protected by copyright and other intellectual property rights owned by Gwendolyn Hustvedt.

6.2. Website Images and Photography

  • Images on this website may not be downloaded, saved, or stored for any purpose other than viewing on this Site

  • Screenshots and social media sharing of artwork images are permitted only when providing full credit to Gwendolyn Hustvedt] and linking back to the original listing

  • Press and media outlets must obtain written permission before using any images

6.3. Purchase of Physical Artwork

  • Purchase of physical artwork does not transfer copyright or reproduction rights

  • Buyers receive ownership of the physical piece only

  • The artist retains all rights to reproduce, license, and create derivative works

  • Buyers may photograph purchased artwork for personal use and insurance purposes

  • Commercial photography or reproduction of purchased artwork requires separate licensing

6.4. Digital Image Licensing

  • Professional photography or reproduction for commercial purposes requires a separate licensing agreement

  • Limited licenses may be purchased for specific uses such as:

    • Interior design presentations

    • Educational materials

    • Print publications

    • Digital publications

  • All licensing inquiries should be directed to artist@gwendolynstudio.com

6.5. Social Media Use

Sharing of artwork images on social media platforms is permitted for personal accounts when:

  • Full credit is given to [Your Name/Business Name]

  • No modifications are made to the original image

  • The post includes a link to the original listing or website

  • The image is not used for commercial purposes or advertising

6.6. AI Training and Machine Learning

  • We explicitly prohibit the use of our artwork for training artificial intelligence or machine learning models

  • Scraping, downloading, or collecting our artwork for AI datasets is strictly prohibited

  • This includes, but is not limited to:

    • Text-to-image models

    • Image generation systems

    • Style transfer algorithms

    • Computer vision training sets

  • Any such use of our artwork without explicit written permission constitutes copyright infringement

  • We actively monitor for unauthorized AI training usage and will pursue legal action against violations

6.7. NFTs and Digital Tokens

  • We do not create, mint, or authorize NFTs (Non-Fungible Tokens) of our artwork

  • Any NFTs or digital tokens created from our artwork are unauthorized and violate our copyright

  • We explicitly prohibit the creation of NFTs or other blockchain tokens from any of our work

  • We will pursue legal action against any unauthorized tokenization of our artwork

6.7. Unauthorized Use

  • Any unauthorized reproduction, distribution, or commercial use of images constitutes copyright infringement

  • Violations may result in legal action and claims for damages

  • Removal of watermarks or copyright information is strictly prohibited

7. Privacy

7.1. Your use of the Site is also governed by our Privacy Policy.

7.2. We collect and use personal information as described in our Privacy Policy.

8. Custom Orders

8.1. Custom orders require a non-refundable deposit of 50%.

8.2. Final designs must be approved in writing before production begins.

8.3. Custom orders cannot be returned unless damaged during shipping.

9. Limitation of Liability

9.1. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Site or our products.

9.2. Our liability for any claim arising from these Terms shall not exceed the amount paid for the specific item giving rise to the claim.

10. Changes to Terms

10.1. We reserve the right to modify these Terms at any time.

10.2. Changes will be effective immediately upon posting to the Site.

10.3. Your continued use of the Site after changes constitutes acceptance of the modified Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

12. Contact Information

For questions about these Terms, please contact us at:

Gwendolyn Hustvedt

128 Rush Haven, San Marcos, TX 78666

artist@gwendolynstudio.com

+1 (512) 590 2122

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.