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Please be sure and read the Terms & Conditions before purchasing any graphic owned or created by Bei Tesori Boutique. Please know that we conduct regular research to ensure that the Terms & Conditions below are met. Should the buyer default on the Terms & Conditions Below, a $10,000 penalty fee will be imposed in a court of law.
In the following Terms and Conditions, Bei Tesori Boutique is referred to as "BTB" and the client is referred to as "the client".
1. Amendments
BTB reserves the right to change this document at any time, at which time a notice will be posted on our website advising of date of such changes. The following Terms and Conditions of Service apply to all products and services provided by BTB.
2. Acceptance of Terms and Conditions
All work is carried out by BTB on the understanding that the client has read, understands ad agrees to be bound by BTB Terms and Conditions.
3. Payment/Monies
Due to the nature of our business and having all of our art and decor custom made and personalized to the clients specifications, payment is due in full prior to work commencing.
4. Returns/Refunds
Depending on how specific the customization is, the name painted on the item(s), and other factors related to the client order for art and decor, the item(s) may or may not be qualified to receive a refund or be accepted as a return once the work has begun. Approval must be obtained by BTB prior to the order beginning to see if it would qualify for a return or refund. There are no refunds for web art, graphics, web illustrations. There are no refunds for Expidited Services Fees if order is delayed due to the artist away on vacation and/or holidays, inadequate supplies on hand needed to complete the Rush Order, if the artist is sick (or children are sick), or has something important (ie: moving, family emergency, etc) that preceeds the artist's ability to paint orders. If a refund is granted, it is at the discretion of BTB. If a buyer proceeds with a chargeback for any reason, BTB reserves the right to collect full amount of order in question, cancellation fees, handling fees, collection fees and damages and will work closely with a partnered collection agency who will work on BTB's behalf to collect funds by means they deem necessary.
5. Cancellation
BTB reserves the right to cancel any project(s) for any reason, at any time, and refund payment(s) made.
5. Ownership, Credit and Usage
Web art, web graphics, web illustrations are intended to be kept while as given to you. This means revisions, alterations, editing, recreating the design concept, derivatives, unusual distortion and resizing, copying, or cropping of the art for buttons, logos, navigation, banners, all other web graphics and print art, and use of art for any other purpose than it was intended shall not be done without prior permission. the client may not transfer, sell, or print the art for anything other than what the art was originally designed for.
Ownership of the art and copyright is retained by Bei Tesori Boutique and all right under law are reserved. Client must contact Bei Tesori Boutique for any use of art outside original agreement for price quote on additional usage. Client is granted non-transferable usage license/rights of use per the Terms and Conditions and Compliance of Agreement. License may be revoked at any time for noncompliance.
6. Property Rights
The elements of design work for the project remain the property of BTB whether or not the project is executed. This means, you own your finished product but we reserve the rights to the 'ingredients' used t create your images including fonts, patterns, BTB stock art, textures and shapes. Some web images may be altered and reused. Exclusive rights to website (web) images may be purchased by the client for an additional fee above the design fee. If client chooses to terminate the website at any time in the future, BTB reserves the right to retain the rights for usage. All graphics, illustrations, images, templates, work of art, designs and and/all intellectual property is NOT for resale, no exceptions.
7. Design Credits
The client agrees to place a small credit on printed material, exhibition displays, advertisements and/or a link to BTB's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. For example: WebArt by BeiTesoriBoutique, Logo by BeiTesoriBoutique, or Web Design by BeiTesoriBoutique. In the case of digital illustrations & graphics, credit must be given where asked. Should a derivative work be based on illustrations by BTB, BTB must be dredited if asked for credits at all.
The client also agrees to allow BTB to place impressions of websites and other designs, along with the link to the client's site, on BTB's website for demonstration purposes, and to use any designs in its own publicity. Removal of any design credits will incur a fee at the discretion of BTB, payable within 7 days of invoice.
All concepts, comprehensives, or other preliminary materials, which are not selected by the Client or are not included in the final delivery, remain the full property of BeiTesoriBoutique.com. All original concepts, art, and drawings remain the property of Bei Tesori Boutique and the Owner of BTB and retains the right to display artwork in portfolio and advertising materials. Email communication from client appropriate as testimonial verbiage may be posted on BeiTesoriBoutique.com.
8. Disclaimer
BTB makes no warranties of any kind, expressed or implied, for any and all projects and/or services that it supplies. BTB is not responsible for any loss, or consequential loss of data, or non-delivery of projects or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold BTB for any such loss or damage. Any claim against BTB shall be limited to the relevant fee(s) paid by the client. BTB reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. BTB will not knowingly perform and actions to contravene these and the client also agrees to be so bound.
9. General
These Terms and Conditions supercede any previous Terms and Conditions distributed in any form. BTB reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Copyright © (2009) Bei Tesori Boutique. All rights reserved.
All material on this Web Site, including text, photographs, graphics, illustrations, templates, artwork, decor, designs including any and all intellectual property are protected by international copyright and trademark laws. Unauthorized use is not permitted. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, in any manner, the material on this Web Site.
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