1. Introduction

This agreement (the "Agreement") sets forth the terms and conditions governing the sale of artwork (the "Artwork") by Icon303 (the "Seller") to the purchaser (the "Purchaser").

2. Final Sale, No Returns or Rainchecks, Verified Funds

2.1 Final Sale: All purchases of Artwork are final. Once the Purchaser has paid for the Artwork, the sale cannot be cancelled, refunded, or exchanged.

2.2 No Returns or Rainchecks: The Seller does not accept returns or rainchecks on Artwork purchases. The Purchaser acknowledges that they have inspected the Artwork and that it is satisfactory for their intended purpose.

2.3 Verified Funds Only: The Seller only accepts verified funds from the Purchaser. The Purchaser must ensure that there are sufficient funds in their account to cover the purchase price of the Artwork. The Seller reserves the right to cancel the sale if payment is not received or if there is any suspicion of fraudulent activity.

2.4 Payment Method: The Purchaser must pay for the Artwork using an approved payment method as indicated on the Seller's website. The Seller may change the approved payment methods at any time and without notice.

2.5 Taxes: The Purchaser is responsible for any applicable taxes associated with the purchase of the Artwork. The Seller will add the appropriate taxes to the purchase price at the time of checkout.

2.6 Pricing: The pricing of the Artwork is subject to change at any time and without notice. The Seller reserves the right to modify the price of the Artwork based on changes in material costs, labor costs, or other factors.

2.7 Payment Plan: The Seller may offer a payment plan option for the Artwork. If the Purchaser chooses to use the payment plan option, they must adhere to the terms of the payment plan agreement.

2.8 Default: If the Purchaser defaults on any payment under a payment plan, the Seller may cancel the sale and retain any payments made by the Purchaser as liquidated damages.

2.9 Cancellation: The Seller may cancel the sale at any time if the Artwork is no longer available for sale due to damage, loss, or other reasons beyond the Seller's control. In such cases, the Seller will refund any payments made by the Purchaser.

2.10 Verification: The Seller reserves the right to verify the identity and payment information of the Purchaser before accepting payment and processing the sale. The Seller may request additional information or documentation from the Purchaser to complete the verification process.

2.11 Sales to Minors: The Seller does not sell Artwork to minors. By purchasing Artwork from the Seller, the Purchaser represents that they are at least 18 years old.

2.12 Limitation of Liability: The Seller shall not be liable for any damages or losses arising from the sale of Artwork, including but not limited to indirect, incidental, or consequential damages. The Seller's liability shall be limited to the purchase price paid by the Purchaser for the Artwork.

3. Responsibility for Hanging/Mounting/Framing 

3.1 Purchaser's Responsibility: The Purchaser acknowledges and agrees that they are solely responsible for hanging, mounting, and/or framing the Artwork. The Seller is not responsible for any damage to the Artwork or to the Purchaser's property resulting from the hanging, mounting, or framing of the Artwork.

3.2 Professional Assistance: The Purchaser may choose to seek professional assistance in hanging, mounting, and/or framing the Artwork. The Seller may be able to provide recommendations for qualified professionals, but the Purchaser is solely responsible for selecting and contracting with such professionals.

3.3 Tools and Equipment: The Purchaser is responsible for providing all necessary tools and equipment for hanging, mounting, and/or framing the Artwork. The Seller does not provide any tools or equipment for this purpose.

3.4 Instructions: The Seller may provide instructions or guidelines for hanging, mounting, and/or framing the Artwork. However, the Purchaser acknowledges and agrees that these instructions or guidelines are provided for informational purposes only and are not a substitute for professional advice.

3.5 Damage: The Purchaser is responsible for ensuring that the Artwork is hung, mounted, and/or framed in a safe and secure manner. The Seller is not responsible for any damage to the Artwork or to the Purchaser's property resulting from the hanging, mounting, or framing of the Artwork.

3.6 Indemnification: The Purchaser agrees to indemnify and hold harmless the Seller from any claims, damages, or losses arising from the hanging, mounting, or framing of the Artwork. The Purchaser acknowledges and agrees that they are solely responsible for the safety and security of the Artwork once it has been hung, mounted, or framed.

3.7 Modifications: The Purchaser shall not modify the Artwork in any way without the prior written consent of the Seller. Any modification of the Artwork without the Seller's consent may result in the cancellation of the sale and the forfeiture of any payments made by the Purchaser.

3.8 Display: The Purchaser agrees to display the Artwork in a manner that is appropriate for its size, weight, and materials. The Purchaser acknowledges and agrees that failure to do so may result in damage to the Artwork or to the Purchaser's property. The Seller is not responsible for any damage resulting from the Purchaser's failure to display the Artwork appropriately.

3.9 Removal: The Purchaser may not remove the Artwork from its display location without the prior written consent of the Seller. Any removal of the Artwork without the Seller's consent may result in the cancellation of the sale and the forfeiture of any payments made by the Purchaser.

4. Payment and Processing Upon purchase, the Seller will process the transaction. 

4.1 Purchase Process: Upon the Purchaser's purchase of the Artwork, the Seller will process the transaction in a timely and efficient manner. The Purchaser acknowledges and agrees that the Seller may require additional information or verification before processing the transaction.

4.2 Payment Amount: The Purchaser shall pay the full purchase price for the Artwork, as set forth on the Seller's website. The purchase price includes all applicable taxes and fees.

4.3 Payment Method: The Seller only accepts verified funds from the Purchaser, which may include wire transfers, cashier's checks, or other forms of payment that have cleared the Purchaser's bank.

4.4 Processing Fees: The Seller will deduct a processing fee of 15% of the purchase price from the total payment received from the Purchaser. This fee covers the cost of materials, labor, and shipping associated with the Artwork.

4.5 Business Account: The remaining 85% of the purchase price will be held in a business account until the Artwork is delivered to the Purchaser. The Seller will use best efforts to deliver the Artwork in a timely manner.

4.6 Refunds: The Purchaser acknowledges and agrees that all sales of Artwork are final and non-refundable. The Seller shall have no obligation to refund any portion of the purchase price, except as may be required by law.

4.7 Payment Disputes: In the event of a dispute regarding payment, the Seller may seek legal remedies to recover any amounts owed, including but not limited to, filing a lawsuit or seeking arbitration.

4.8 Payment Plan: The Seller may, at their discretion, offer a payment plan option for the purchase of the Artwork. The terms of any payment plan shall be set forth in a separate agreement between the Seller and the Purchaser.

4.9 Taxes: The Purchaser is responsible for all applicable taxes, duties, and customs fees associated with the purchase of the Artwork. The Seller shall have no obligation to pay any such fees on behalf of the Purchaser.

5. Responsibility for Maintenance and Damage After Delivery

5.1 Delivery of Artwork: The Seller shall use best efforts to deliver the Artwork to the Purchaser in a timely manner, and shall take reasonable steps to ensure that the Artwork is delivered in good condition.

5.2 Acceptance of Artwork: The Purchaser shall inspect the Artwork upon delivery and shall promptly notify the Seller of any damage or defects. Failure to notify the Seller within a reasonable time after delivery shall constitute acceptance of the Artwork in its delivered condition.

5.3 Responsibility for Maintenance: The Purchaser is responsible for the maintenance and care of the Artwork after delivery. This includes protecting the Artwork from damage, ensuring that it is kept in a secure and stable environment, and following any care instructions provided by the Seller.

5.4 Responsibility for Damage: The Purchaser is responsible for any damage to the Artwork that occurs after delivery, including scratches, chips, and other forms of damage. The Purchaser shall take all reasonable measures to prevent damage to the Artwork, and shall promptly notify the Seller of any damage that occurs.

5.5 Repair and Restoration: In the event that the Artwork is damaged after delivery, the Purchaser may be responsible for the cost of repair or restoration. The Seller may offer repair or restoration services for an additional fee, and the terms of such services shall be set forth in a separate agreement.

5.6 Liability: The Seller shall not be liable for any damage to the Artwork that occurs after delivery, and the Purchaser shall indemnify and hold the Seller harmless from any such damage or loss.

5.7 Insurance: The Purchaser is responsible for obtaining any necessary insurance to protect the Artwork after delivery. The Seller shall have no obligation to obtain insurance on behalf of the Purchaser.

5.8 Termination: In the event that the Purchaser breaches any provision of this Agreement, the Seller may terminate the Purchaser's rights to the Artwork, and may seek legal remedies for any damages incurred.

6. Guarantee of Colors or Patterns

The Seller makes every effort to accurately represent the colors and patterns of the Artwork on the Seller's website, marketing materials, and in-person consultations. However, due to the nature of the materials used in creating the Artwork, there may be slight variations in color and pattern that are beyond the Seller's control. Therefore, the Seller does not fully guarantee the colors or patterns of the Artwork.

The Purchaser acknowledges that there may be variations in the colors and patterns of the Artwork and agrees to accept the Artwork in its delivered condition. The Seller shall not be liable for any dissatisfaction with the colors or patterns of the Artwork.

The Seller may offer the Purchaser the opportunity to provide input on color preferences, and the Seller will make every effort to accommodate such preferences to the extent possible. However, the Seller retains full discretion over the final colors and patterns of the Artwork. Any input from the Purchaser is for informational purposes only and does not constitute a guarantee or obligation on the part of the Seller.

7. Uniqueness of Artwork 

The Artwork created by the Seller is a unique and one-of-a-kind piece. The Seller retains the exclusive rights to the design and creation of the Artwork and does not authorize any replication, duplication, or copying of the Artwork.

The Purchaser acknowledges that the Artwork is a unique creation and that they are purchasing the Artwork as a one-time, exclusive piece. The Purchaser agrees not to attempt to replicate, duplicate, or copy the Artwork or any portion thereof, in any form or medium.

In the event that the Purchaser breaches this agreement by replicating, duplicating, or copying the Artwork or any portion thereof, the Purchaser shall be liable for all damages resulting from such breach, including but not limited to, damages for copyright infringement, breach of contract, and any other applicable legal claims.

The Seller shall retain all legal rights to enforce this agreement and to protect the exclusive nature of the Artwork. The Purchaser shall not be entitled to use the Artwork for any commercial or promotional purposes without the express written consent of the Seller..

8. Updates and Communication 

The Seller will provide updates via email to keep the Purchaser informed as to when materials are delivered, stages of production, completion, and shipping details.

9. Color Preferences 

The Purchaser will be asked to provide colors of their liking and disliking. If nothing is provided, colors will be chosen at random.

10. Production and Delivery Time

The Artwork can take up to 6 months to complete, depending on the material supply and labor involved. They are normally completed in 1 month.

11. Displayed Pieces 

The Artwork displayed on the Seller's website or in any other form of advertisement, promotion, or exhibition are for illustration purposes only, and are not for sale. The Purchaser acknowledges that the Artwork displayed may be sold or unavailable, and that the purchase of any Artwork shall be subject to the terms and conditions set forth in this Agreement.

The Seller reserves the right to modify, remove, or replace any Artwork displayed on its website or in any other form of advertisement, promotion, or exhibition at any time, without prior notice to the Purchaser.

The Purchaser shall not rely on the availability or representation of any Artwork displayed on the Seller's website or in any other form of advertisement, promotion, or exhibition, and shall only purchase Artwork through the process set forth in this Agreement.

12. Confidentiality

The Seller agrees to keep all information related to the Purchaser confidential, except for knowledge of criminal activity. The Purchaser agrees to keep all information related to the Seller confidential as well.

The Seller shall take all reasonable measures to protect the confidentiality of the Purchaser's information, including but not limited to the Purchaser's name, contact information, and transaction details. The Seller shall not disclose any such information to any third party, unless required by law or as necessary to perform its obligations under this Agreement.

Similarly, the Purchaser shall take all reasonable measures to protect the confidentiality of the Seller's information, including but not limited to the Seller's name, contact information, and transaction details. The Purchaser shall not disclose any such information to any third party, unless required by law or as necessary to perform its obligations under this Agreement.

Notwithstanding the above, the Seller may disclose any information as required by law or in response to a subpoena or other legal process, and the Purchaser consents to such disclosure.

The obligations of confidentiality under this section shall survive the termination or expiration of this Agreement.

13. Binding Agreement

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns.

14. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State]. Any legal action arising under this Agreement shall be brought in the courts of the State of [Insert State].

15. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

16. Intellectual Property Rights

The Artwork and any accompanying materials are the intellectual property of the Seller and may not be reproduced, distributed, or used without the Seller's prior written consent. The Purchaser agrees to use the Artwork solely for personal display and enjoyment and not for any commercial purpose without the Seller's express written permission.

17. Indemnification

The Purchaser agrees to indemnify and hold harmless the Seller, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Purchaser's use of the Artwork or breach of this Agreement.

18. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

19. Waiver

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Seller to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

20. Modification

The Seller reserves the right to modify these Terms and Conditions of Sale at any time without prior notice. Any modifications will be effective immediately upon posting on the Seller's website at www.icon303.com.

By making a purchase through the Seller's website at www.icon303.com, the Purchaser acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions of Sale.