Terms and Conditions
These terms and conditions outline the rules and regulations for the use of HealingColours’s website, located at https://healingcolours.art.
By accessing this website, you are deemed to have read and agreed to the following Terms and Conditions. Do not continue to use the https://healingcolours.art website if you do not agree to take all the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the present terms and conditions. “Party”, “Parties”, or “Us”, refers to both the Client and/or the “Artist”.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of the Artist’s assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the services or products stated in the HealingColours.art website, in accordance with and subject to, prevailing Swiss law.
Products ordered on the HealingColours.art website are dispatched only after a successful payment transacted with credit card (VISA or Mastercard), Paypal, or bank transfer. Products will not be sent to the Client until the full payment amount has been received. Until then, the products are reserved as proprietary rights of the Artist. For bank transfers, the Client must ensure that the amount of the price of the product(s) ordered, as well as related shipping costs, are paid in full in Swiss Francs. Any currency exchange fees and bank transaction costs are entirely at the charge of the Client.
For personalized artwork, full payments must be made in the signing of the product Agreement prior to the start of work. The Client accepts that the Artist will not know in advance how the artwork will look like, nor the colours to be used. The Client must specify the content of their Commission to the best of their ability prior to a product Agreement. A complex product may incur additional illustration fees, to be defined and agreed upon in the Agreement prior to Start of Work. The Client must specify the desired display size of the product. A large display size will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work. Ownership of the product will only pass from the Artist to the Client on receipt of payment in full.
NOTE: All prices are expressed in Swiss Francs (CHF), and payments are expected to be made as such. It is the Client’s responsibility to provide the correct amount in CHF and ensure that they have converted currencies based on current exchange rates.
Unless specifically requested, orders are dispatched by Swiss Post within 5 working days after the Client has paid for the order in full. Shipping proceeds at the Client’s risk. The Client is responsible for ensuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.
For international orders, the shipping cost is determined by the country of destination, weight and dimensions of the items. Any customs fees levied by countries are entirely at the Client’s cost. Shipment by international courier is possible (e.g., DHL) even in countries not listed in the website. Contact the Artist for any specific inquiries.
The Artist will ensure packaging of the product(s) is safe and secure and will provide postage and, if available tracking details, to the Client once the product has been posted. The Artist has no responsibility for any delays, damages or loss occurred to the products during shipment.
Termination of Agreements and Refunds Policy
Both the Client and the Artist have the right to terminate the Agreement. The Client can terminate the Agreement before the product has been shipped. The Artist will notify the Client once the product has been shipped. The Artist can terminate the Agreement before the Client has made the payment. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
The delivery of reduced (sale) products is final. No returns are accepted for such products, and no refunds are granted.
The Client must inspect the products ordered immediately upon delivery, and straightaway inform the Artist in the event of any problems. If the Client is unsatisfied with the product for an appropriate reason, they must contact the Artist within seven (7) days of receiving the final product. Disliking the product or change of mind are not considered appropriate reasons for a refund. The Client must state if they want a full refund or an alternative replacement.
The Client will have thirty (30) days to send the product(s) back to the Artist, otherwise a refund will not be made. All products must be returned in brand-new condition in their original packaging with all documents. If items show any trace of improper usage, the return will not be accepted. The Client takes responsibility to cover all return postage/shipping costs and expenses. The Artist takes no responsibility for loss or damages during a return shipment. Only products returned that meet the above-mentioned conditions can be accepted for refund. For refunds regarding damages or misplacement in transit, please see Claims of Damages, Theft and Misplacement below.
Claims of Damages, Theft and Misplacement
The Artist is not responsible for any damages made to the products, except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the product(s). The Artist will ensure packaging of the product(s) is safe and secure, and will provide postage and, if available tracking details, to the Client once the product has been shipped. The Client accepts all possible risks once the product is purchased and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the product, and must provide evidence of said damages. If the product has been damaged but the Client wants to retain ownership, the Artist will refund 50% of the full amount back to the Client or as negotiated. If the Commission is stolen, lost, or perished during transit, the Artist will refund 50% of the full amount back to the Client, or as negotiated. Any damages or misplacement caused at the fault of the Client or during the Client’s possession will not be refunded.
The colours of products photographed and sold on HealingColours.art may differ from the actual colours of the original products. This is due to the fact that screens on different computers, tablets or mobile phones all have different colour characteristics, which will affect how Clients perceive the colours within the image. The same also applies for using different operating systems and different web browsers. Claims of damage due to a colour difference between the actual products received and photographs of the products available on the HealingColours.art website are not acceptable.
A printed Certificate of Authenticity, signed and dated by the Artist, is provided with each original artwork. Each artwork is also signed and dated by the Artist.
The Artist is committed to protecting your privacy. The Artist only uses any information collected from individual customers on a need to know basis.
Copyright and other relevant intellectual property rights exists on all texts, images and products relating to the full content of the HealingColours.art website. Any use of these contents, for commercial and personal purposes, is not permitted. The HealingColours.art website, including all images, texts and other contents used, are the sole property of the Artist and are protected by copyright. Its purpose is to prevent the website and all its content from being reproduced, copied, duplicated, republished, and or sold.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may copy and paste the URL link for the HealingColours.art website to your social media feed or email contacts to “share” the information about the Artist and the products, but only if you acknowledge the website as the source of the material.
Artist Copyright and Reproduction
By commissioning the Artist, the Client is purchasing the Artist’s labour only. The Artist retains all rights to the product, which includes but is not limited to: distribution, reproduction, use of the product for Artist promotion (e.g., Profiles, Personal Space, Public Space). The Client may not distribute, reproduce, or otherwise profit from the product, beyond the resale of the original product. The Client may not edit, alter, or trace the product without the Artist’s expressed written permission. The Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the product, unless otherwise agreed upon.
Links to this Website and its Content
You may not create a link to any page of this website without the Artist’s prior written approval. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this Website
This website contains links to other websites originating from third Parties. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by the Artist. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by the Artist and should not be regarded as the publisher of such opinions or material.
Please be aware that the Artist is not responsible for the privacy practices, or content, of these sites. The Artist does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third Parties of personal information.
For any disputes, Swiss law applies exclusively.
The competent jurisdiction lies with the courts of Lugano, Switzerland.
Last Updated: 19 December 2021