Terms and Conditions in English

Welcome to Katiuska’s Art!

 We strive to provide you with the best possible experience, so please read the following terms and conditions carefully. 

The following are the Terms and Conditions issued by Katiuska’s Art, LLC, governed by the laws of Puerto Rico under corporate registration number 535263 and merchant registration 1472453-0017.

 

1. Terms and Conditions of Use

I. Introduction

A. Our Website

On our website, you will immerse yourself in a world of creativity and expression through Katiuska’s unique art. Our goal is for the customer to explore our exclusive collection of carefully designed products featuring works, designs, and sketches in a variety of forms and styles created by the artist. Our online store and gallery are intended for personal use only. The products available on our website are designed for the personal enjoyment of our customers and are not intended for resale or commercial use. We value the satisfaction and unique experience of each user in acquiring our products for their personal enjoyment.

 Products purchased through our website are for personal use only. The resale, distribution, or any commercial use of our products is prohibited without the express written consent of Katiuska’s Art. If unauthorized commercial use is identified, the company reserves the right to take legal action necessary to protect its rights.

B. The Involved Parties

On one hand, Katiuska’s Art, hereinafter referred to as "the company," "we," "our," "us," "Website," or synonyms of the aforementioned, legally identified and duly registered under the applicable laws. On the other hand, the user of Katiuska’s Art website, hereinafter referred to as "the user," "the visitor," "the client," "the navigator," "the buyer," "you," or synonyms of the aforementioned, who consumes the content, navigates, makes purchases, or otherwise uses the present website. 

1. Acceptance of the Terms

By accessing and using this website, you accept these terms and conditions in their entirety. If you do not agree with any part of these terms, we kindly ask that you refrain from using our website.

 II. Modifications

 We reserve the right to modify, update, or change any part of these terms and conditions at any time without prior notice. It is the user’s responsibility to periodically review these terms to stay informed of any changes. Continued use of the website after the publication of any changes will constitute acceptance of those changes by the user.

III. Use of the Website

The user agrees to use this website, whether by browsing, creating an account, and/or purchasing a product, in accordance with the law, morality, and public order, as well as with the provisions of these policies, terms, and conditions, as applicable. Likewise, the user agrees to make proper use of the content and services offered on the website and not to use them for illegal activities or activities contrary to good faith and legal order. The legal provisions of the Commonwealth of Puerto Rico will apply to all transactions carried out through this website, including, but not limited to, its regulations regarding contracts. Similarly, the federal laws of the United States of America will apply to all matters within their jurisdiction.

Some laws to consider:

1. Consumer Protection Act (Act No. 16 of June 30, 1976): Regulates commercial practices to protect consumers from unfair, deceptive, or fraudulent practices.

2. Contract Law (Act No. 55 of June 30, 2015): Regulates the formation and execution of contracts in Puerto Rico, establishing the rights and obligations of the contracting parties.

3. Personal Information Protection Act (Act No. 168 of August 5, 2002, Personal Information Protection Act): Regulates the handling, protection, and confidentiality of consumers' personal information.

4. Defective Products Liability Act (Act No. 200 of July 20, 2006): Establishes the liability of manufacturers and sellers for damages caused by defective products.

The mentioned laws may be subject to modifications, and it is the user's responsibility to stay informed about legal changes that may affect their use of the website and their transactions.

A. Terms of Service

 Please read these terms of service carefully before using our website.

 1. Acceptance of Terms  

a. By accessing and using Katiuska’s Art’s website, you agree to comply with these terms of service and all applicable laws and regulations. If you do not agree to any of these terms, please do not use our website.

 2. Use of the Website  

a. You are authorized to use our website for the purpose of purchasing products and obtaining information related to our products and services in a manner that does not harm, infringe, restrict, or inhibit the rights or enjoyment of others using this site.  

b. You may not use our website in any way that may cause damage, harm, or interfere with its availability or accessibility.

c. You may not reuse content extracted from our site without prior written authorization and without properly attributing or citing the original source.  

d. You may not market or lease material acquired from our site.  

e. Bulk purchases with the intent of reselling to wholesalers or retailers are prohibited unless a license is acquired from the artist.  

f. You are not authorized to reproduce, duplicate, create derivatives, copy, or otherwise exploit the material on our website for any purpose without express written permission.  

g. You may not use our website's content for marketing purposes without our express written authorization. Similarly, malicious, negligent, or abusive use of our site or its content is prohibited.  

h. Any conduct that involves harassing, causing distress or inconvenience to other users, transmitting obscene or offensive content, or disrupting normal communication within our website is prohibited.

B. Service Modifications

We reserve the right to modify, remove, or discontinue the service. Additionally, we will notify users of any changes via email, if deemed necessary. Significant changes will be communicated to users via email or a prominent notification on our website. It is the user's responsibility to review these notifications to stay informed about any changes.

 C. Liability and Disclaimer

Katiuska's Art shall not be liable for any indirect, special, incidental, or consequential damages resulting from the use or inability to use the website, even if advised of the possibility of such damages. The website and the products offered are provided "as is" and "as available" without warranties of any kind, either express or implied.

IV. Jurisdiction and Dispute Resolution

 Any dispute arising in connection with the use of the website or the terms and conditions will be resolved in accordance with the laws of the Commonwealth of Puerto Rico. Any legal action must be brought in the competent courts of Puerto Rico. Both parties agree to submit to the jurisdiction of these courts for the resolution of any dispute.

V. Copyright and Intellectual Property Policy

At Katiuska's Art, we respect and value the copyrights and intellectual property rights of artists and creators. This policy sets forth our practices and commitments regarding copyrights and intellectual property in our online store and gallery.

 A. Copyright

1. All content and products presented on Katiuska's Art, including but not limited to artwork, photographs, product descriptions, and other materials, are protected by applicable copyright laws and relevant international treaties.

2. All original artwork, reproductions of works, designs, and related products presented on Katiuska's Art are the intellectual property of the respective artist and are protected by applicable copyright laws. Any infringement of these rights will be pursued legally.  

3. Katiuska's Art is committed to respecting the copyrights and intellectual property rights of third parties. If you believe that any content on our store infringes your copyright, please contact us immediately so that we can address the issue appropriately.

 B. Intellectual Property

1. All intellectual property rights related to our website and its content are owned by Katiuska's Art, our licensors, and/or suppliers.  

2. You may not reproduce, distribute, modify, or use our content for commercial purposes without prior written consent.  

3. Purchasing a piece of artwork does not transfer any intellectual property rights to the buyer. The buyer acquires only personal, non-commercial use rights to the physical or digital piece. Any public use of images must have our prior consent.

4. If both parties express interest in the resale of an original work, communication will occur via email to establish a mutual agreement.  

5. Katiuska's Art and its collaborators own and retain all intellectual property rights over the design, layout, and content of our online store, including but not limited to logos, trademarks, and designs.  

6. The artist retains all intellectual property rights over their original works of art, including but not limited to copyright, trademarks, and reproduction rights. 

C. Reproduction Prohibition

1. It is prohibited to reproduce, distribute, or commercially exploit any artwork, image, or design sold on this store without written consent from Katiuska's Art.  

2. This includes the creation of derivative products, unauthorized digital use, unauthorized printing, or the sale of unlicensed copies of the works.

D. Limited Licenses

1. If you wish to use any artwork for commercial purposes, you can request a usage license. Contact us for details on the terms and fees for licensing.

E. Use License

1. By accessing and using our online store and gallery, we grant users a limited, non-exclusive license to view and purchase products available at Katiuska's Art. This license does not permit the reproduction, distribution, or modification of our content without prior written consent.

F. Authenticity and Originality

1. We are committed to offering original and authentic artworks in our online gallery. Each artwork is presented with a detailed description that includes the title, year of creation, dimensions, medium used, and any other relevant information.

 G. User Rights

1. Users of Katiuska’s Art retain all intellectual property rights over any content they generate, such as reviews, comments, or contributions to our community. By posting content on our online store, users grant Katiuska’s Art a non-exclusive and perpetual license to use and display that content.  

2. Customers of Katiuska’s Art are authorized to purchase original artworks for personal, non-commercial use. Any commercial use, reproduction, or distribution of the original artworks requires the explicit consent of the copyright holder.

 VI. Misleading Advertisements and Announcements

The issuance of misleading advertisements constitutes a violation of the law and may result in fines imposed by the appropriate governmental authorities. The Federal Trade Commission prohibits unfair sales practices, the dissemination of misleading advertisements, and involvement in illegal trade schemes online. In our company, we recognize and comply with legal regulations, providing information, representations, and products based on our best understanding of the truth. This policy is aligned with consumer protection regulations and relevant advertising laws.

We strive to present our products as accurately as possible, allowing for a detailed perception of them. However, we are not responsible for discrepancies or differences between representation and reality. It is possible that our publications use commonly employed terms in the industry for illustrative or informational purposes. Under no circumstances should these words be interpreted as offensive, denigrating, discriminatory, or insulting. This policy aims to ensure that all publications, advertisements, and product descriptions on our website are accurate and not misleading. We strive to maintain integrity and trust with our customers, and any attempt to provide false or misleading information is strictly prohibited.

The descriptions used on this website should not be considered warranties. By accepting our terms and conditions and providing your name and email, you will be subscribed to our promotional emails, which will include promotional material and images subject to the same terms. If you wish to stop receiving promotional information, please send an email to support@katiuskaart.com.

A. Product Listings and Descriptions

1. Truthfulness in Product Descriptions: All product descriptions, prices, availability, features, and photos must accurately reflect the nature of the product offered. No false or misleading information should be provided that may mislead the user.

2. Offers and Discounts: All offers, promotions, or discounts must be clearly described, specifying the applicable conditions and the validity period. A discount or promotion that is not genuine or available as described must not be advertised.

B. Advertising Claims

1. Prohibition of False Claims: It is prohibited to make claims that are not backed by verifiable facts or that do not correspond to the reality of the product. This includes any claims about the origin, quality, functionality, or durability of the products.  

2. Inaccurate Attributions: A product must not be inaccurately attributed to a category, manufacturer, designer, or function that does not correspond to it, nor should exaggerated claims be used that could mislead.

C. Review and Correction  

1. Internal Investigation: If a violation of this policy is suspected or reported, Katiuska's Art reserves the right to thoroughly investigate the incident, reviewing the content of the publication or advertisement in question within a reasonable time frame.

2. Correction of Information: In the event of a misleading or false publication being detected, immediate action will be taken to correct the content. This includes updating the information or removing the publication, and customers affected by the false or misleading information will be informed of the corrections made.

D. Penalties and Consequences  

1. Account Suspension: If the violation is committed by a user or vendor using the platform, Katiuska's Art reserves the right to temporarily or permanently suspend the involved user or collaborator account.  

2. Order Cancellation: Any transaction made under misleading pretenses may be canceled. If a customer has been affected by false advertising, a refund or appropriate replacement will be offered depending on the case.

3. Legal Action: If a violation causes serious damage to the reputation of Katiuska’s Art or results in fraud or malicious conduct, legal action may be considered, including the possibility of lawsuits for damages.

 E. Communication with Customers

1. Notification to Affected Customers: If a misleading publication has affected multiple customers, Katiuska’s Art will notify the affected customers by email or another appropriate means, informing them of the corrective measures taken.

2. Offering Solutions: Customers who have been misled or affected by incorrect publications will be compensated in accordance with our returns and refunds policy.

 VII. Liability and Limitation of Liability

 A. Liability

1. General Liability: Katiuska’s Art is not responsible for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use our website.

2. Buyer’s Responsibility: It is the buyer’s responsibility to carefully read the artwork or product description, as well as any additional information provided, before making a purchase. If you have any questions or concerns about an artwork or product, please do not hesitate to contact our customer service team.

3. Authenticity and Quality: Katiuska’s Art is not responsible for any disputes related to the authenticity, originality, or quality of artworks purchased through our gallery. We strive to provide accurate and detailed descriptions of each artwork, but we cannot guarantee the complete accuracy of the information.

B. Limitation of Liability

1. Accuracy of Information: We strive to provide accurate and up-to-date information on our website. However, we cannot guarantee the complete accuracy of the information, including product descriptions, prices, availability, shipping details, descriptions, dimensions, colors, and materials.

2. Product Availability: Product availability on our website is subject to change without prior notice. We cannot guarantee the continuous availability of all products featured on Katiuska’s Art.

3. Visual Representation: The images of products on our website are provided to represent them as accurately as possible. However, they may vary slightly in color and appearance due to differences in device screen settings. We do our best to accurately represent colors and details, but we cannot guarantee an exact reproduction on all devices. Katiuska’s Art is not responsible for any discrepancies between the visual representation of an artwork or any other product on our website and its actual physical appearance.

4. Artwork Condition: Original artworks may vary in terms of condition, age, and wear. Some artworks may show signs of use, aging, or restoration, which is part of their character and authenticity.

5. Third-Party Links: Our website may contain links to third-party websites for your convenience and reference. However, we have no control over the content or privacy practices of these sites and are therefore not responsible for them.

6. Website-Related Damages: Katiuska’s Art is not responsible for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use our website, including but not limited to loss of data, income, or profits.

7. Modifications to Terms: We reserve the right to modify, update, or remove parts of this limitation of liability policy at any time and without prior notice. Users are encouraged to review this policy periodically to stay informed of any changes.

8. Acceptance of Terms: By accessing and using our website, you agree to the terms and conditions of this limitation of liability policy.

9. Additional Information: If you have any questions or concerns regarding our limitation of liability policy, please contact our customer service team.

2. Privacy Policy

 I. Information Collected

At Katiuska’s Art, we value and respect your privacy. This privacy policy describes how we collect, use, and protect the personal information you provide when visiting our online store and gallery.

    1. Information Provided by the User: When you make a purchase and/or register on our store, we may collect your name, email address, postal address, phone number, and other relevant information to process your order and provide you with better service.
    2. Automatically Collected Information: We collect information automatically through cookies and similar technologies to improve your browsing experience and understand how you use our website. This includes data about your activity on the site, such as pages visited and time spent.
    3. Preferences and Purchases: We may collect information about your art preferences and purchases to personalize your experience and offer more relevant recommendations.

II. Use of Information

We use the collected information to:

    1. Process your orders and manage your account.
    2. Communicate with you about your purchase and provide important updates.
    3. Personalize your shopping experience and offer recommendations based on your preferences.
    4. Send you information about products, promotions, and events.
    5. Improve our website and prevent fraud and abuse.
    6. Provide customer service and resolve any inquiries or issues.

III. Protection of Information

 We take measures to protect the security of your personal information by:

    1. Physical and Electronic Measures: Safeguarding against unauthorized access, alteration, and disclosure of personal information.
    2. Administrative Measures: Implementing procedures to ensure that only authorized personnel have access to personal information.
    3. We do not sell, trade, or transfer your personal information to third parties without your consent, except when required by law, to enforce our policies, or to protect our rights, property, or safety.

IV. User Rights

You have the right to access, correct, update, and delete your personal information at any time. If you wish to exercise these rights, please contact our customer service team.

V. Changes to the Privacy Policy

We reserve the right to modify this privacy policy at any time. Any significant changes will be notified on our website or through other appropriate means. It is recommended to periodically review this policy to stay informed of any updates.

3. Shipping Policy

 I. Processing Time

 1. All orders are processed within 2-7 business days after confirming and receiving payment.

 II. Shipping Time

  1. Shipping time varies depending on the product and location. You can expect your order to arrive within approximately 14-25 business days in Puerto Rico and the United States. However, factors such as weather conditions, customs delays, or carrier issues may affect delivery times.
  2. For international shipments, delivery time may be longer due to customs procedures or local regulations.
  3. Shipping time depends on the product, such as its size, material, fragility, or other factors to consider.
  4. We are not responsible for delivery delays caused by third parties, such as carriers or customs.

IV. Shipping Costs 

  1. We offer free shipping for orders in Puerto Rico and the United States.
  2. For international orders, the shipping cost will be calculated automatically at checkout based on the destination, size, and weight of the package. We will provide a detailed breakdown of these shipping costs before you finalize your purchase.

V. Order Tracking

  1. Once your order has been shipped, you will receive a confirmation email with a tracking number, allowing you to track your package online and stay informed about its arrival.

VI. Shipping Address

  1. When placing your order, please ensure that you provide the correct shipping address. We recommend reviewing all details before completing your purchase. We are not responsible for packages delivered to incorrect addresses due to customer error.
  2. For international shipments (outside of Puerto Rico and the United States), please note that import duties, taxes, and charges are not included in the total order cost. These charges are the responsibility of the customer and must be paid upon receiving the package. We recommend that customers familiarize themselves with their country’s regulations before making a purchase.

VII. Delivery and Receipt of Artwork

  1. Upon receiving your artwork, we recommend inspecting it immediately and notifying the carrier of any visible damage at the time of delivery. If you encounter any issues, please contact us within the first 24 hours so that we can resolve it as soon as possible.

VIII. Specialized Packaging for Original Artworks

  1. All artworks will be carefully packaged by experts using high-quality packaging materials to ensure their protection during transport.
  2. Original artworks will be handled with the utmost care, and depending on the complexity of the piece, packaging may take longer to complete. If this happens, we will keep you informed of any delays in shipping times, ensuring your artwork arrives in excellent condition.

4. Return and Refund Policy

At Katiuska’s Art, we want you to be completely satisfied with your purchase. If, for any reason, this is not the case, we offer a return policy that provides you with peace of mind and confidence when shopping in our store and gallery.

I. Return Conditions

  1. Products must be returned in their original condition, unused, with all tags, and without damage or alterations. The original packaging must be nearly intact.
  2. The return request must be made within fifteen (15) days of receiving the item.
  3. We do not accept returns of personalized or custom-made items unless there is an error on our part or the product is defective.
  4. Please keep the receipt or proof of purchase as evidence of the transaction.
  5. If it’s an artwork, it must be returned with its certificate of authenticity.

     A. Return Process

      1. Contact our customer service team within the specified period to request a return authorization.
      2. We will provide you with detailed instructions on how to return the item.
      3. Once we receive the returned item and verify its condition, we will process your refund (partial or full) or exchange, as appropriate.

    B. Return Costs

      1. Return shipping costs are the responsibility of the customer unless the reason for the return is an error on our part or the item is defective.

    II. Refunds

    Refunds will be processed within ten (10) business days after receiving and verifying the returned product. The refund will be made through the same payment method used for the original purchase.

    A. Return and Refund Policy for Custom-Printed Products

      1. Due to the personalized nature of print-on-demand products, we do not accept returns or offer refunds unless the product is damaged or defective, in which case a return or refund may be requested. Please be sure to carefully review order details before confirming your purchase. We do not accept claims if the damage is due to mishandling by the customer. In the case of damage during transport, please contact our customer service team to assess a potential claim with the carrier.
      2. We do not cover claims for slight color or texture variations that are inherent to the production process and materials used in printed products. These variations do not affect the functionality or quality of the product. 

    B. Exceptions

      1. If the product arrives damaged or in poor condition, contact us within 15 days of receiving it with clear photos of the defect, and we will offer a solution, either a replacement or a partial or full refund, depending on the extent of the damage.
      2. Design or Printing Errors: In the event of a printing or customization error due to our fault, we will replace the product or offer a partial or full refund, depending on the impact of the error.

    C. Changes or Cancellations

      1. Once an order has been placed, it cannot be changed or canceled due to the print-on-demand process. Customers are responsible for entering the correct shipping information and verifying the design details before completing the purchase, as no changes can be made once the printing process has begun. We recommend carefully reviewing the order details before confirming it.
      2. Shipping addresses cannot be changed once the order has gone into production, as products are manufactured and shipped quickly, except for orders that are original artwork.

    D. Quality Guarantee

      1. We ensure that we work with high-quality materials to offer durable products that meet our customers' expectations. If you feel that the quality is not up to par, do not hesitate to contact us.

       E. International Shipping

        1. Additional Costs: Customers are responsible for any taxes, duties, or customs fees that may apply in their countries. These costs are not included in the product prices or shipping fees. We recommend reviewing your country's customs regulations before placing an order.
        2. International Delivery Timeframes: International shipments may take longer due to customs processes and local restrictions. Please allow an additional 2 to 3 weeks if you live outside the country.

      5. Print-on-Demand and Dropshipping Policy

       I. Print-on-Demand

      1. Production Time: All products in our store are made to order. Once you place your order, our team immediately starts production. The average production time is 2 to 7 business days, depending on the type of product.
      2. Customization: Since products are unique and customized to your preferences, please note that there may be slight variations in color or details compared to the images on the store.
      3. If a customer receives a product with incorrect customization (e.g., error in the printed design), they must contact us within 15 days of receiving the product.
      4. The customer must provide clear photos of the received product, along with an explanation of the discrepancy between the ordered product and the one received. If we confirm an error in printing or customization, we will offer a replacement with the correct customization. If this is not possible, we will offer a partial or full refund depending on the extent of the error or damage to the product.

      A. Shipping Time

        1. Order Processing: After production, the order will be shipped, and the total time to receive your order depends on your location and the shipping option selected.
        2. Estimated Delivery Timeframes: Approximately 3 to 30 business days, depending on the complexity of the product print, your location, and the courier service. International or remote orders may take longer due to customs or logistical restrictions.
        3. You will receive a tracking number via email as soon as the order has been shipped.

      II. Dropshipping

      We reserve the right not to process claims, refunds, or replacements in cases where products have been mishandled by the customer or if claims do not comply with our return and refund policies.

      1. Shipping Time: Delivery time is 5 to 45 days, depending on the customer’s location and supplier availability. International shipments or remote areas may take longer due to customs processes or logistical restrictions.
      2. Order Tracking: You will receive a tracking number via email as soon as the order has been shipped.
      3. Customer Issues: If there is a delay in delivery, defects in the products, or incorrect products are sent, contact customer service.
      4. Supplier Errors: Suppliers are responsible for shipping products as described. In case of serious issues like undelivered, damaged, or incorrect products, contact our customer service. We will contact the supplier to resolve the situation as quickly as possible.
      5. We reserve the right not to refund, replace, or accept claims if deemed appropriate.

      III. Customer Service Process

      1. Customers must send their claims to the email support@katiuskaart.com with the subject "Order Claim [Order Number]".
      2. Our customer service team will respond to claims within 24 to 48 business hours to confirm receipt of the request. We will then assess the situation and provide a solution within 10 business days, depending on the complexity of the problem.
      3. Once the claim has been reviewed, the customer will be informed of the outcome and the actions to be taken (replacement, refund, or clarification). The entire resolution process should not exceed 10 business days, depending on the nature of the issue.

         6. Import Duties and Taxes

        I. Import Duties

         A. Import Duties

          1. Import duties, also known as tariffs, are taxes that may be imposed on products when entering a foreign country. These duties may vary depending on the destination country and the nature of the purchased products.

        B. Import Taxes

          1. In addition to import duties, additional taxes such as Value-Added Tax (VAT), sales tax, or specific local fees may apply, depending on the tax regulations of the destination country.

        C. Declared Value

          1. The declared value on shipping documents will be the purchase price paid for the products at Katiuska's Art. This may influence the amount of applicable import duties and taxes. We cannot declare a value lower than the actual purchase price, as this violates international trade regulations.

        D. Customer Responsibility

          1. It is the customer’s responsibility to be informed about the import duties and taxes that may apply in their destination country when placing an order at Katiuska's Art. We recommend verifying local customs regulations before making a purchase to avoid unexpected charges.
          2. Customers are responsible for paying any import duties, taxes, or other related fees that may be required by their country’s customs authorities.

        F. Defective or Incorrect Items

          1. In the unlikely event that you receive a defective or incorrect item, please contact us immediately so we can resolve the issue as soon as possible.
          2. We do not offer product exchanges. If a replacement is not possible, a partial or full refund will be offered based on the situation.

        7. Policy for Original Artworks

        A. Description and Authenticity

          1. Original artworks: Each original artwork is unique and handmade. The images in the store are representative, but slight variations in color, texture, or details may occur due to the nature of the artwork.
          2. Certificate of authenticity: All our original artworks include a certificate of authenticity signed by the artist to ensure you receive a genuine piece.

        B. Shipping Time 

          1. Shipping preparation: Original artworks require careful handling to ensure they arrive in perfect condition. Therefore, the packing and shipping process may take between 5 and 10 business days.
          2. Shipping tracking: Once the artwork has been shipped, you will receive a tracking number so you can monitor the delivery process.
          3. We are not responsible if the artwork is lost or encounters any issues after being sent by postal service, unless insured shipping has been purchased. We recommend customers opt for insured shipping for added protection in case of loss or damage.

        C. Returns and Refunds

          1. Original artworks: Since original artworks are unique and irreplaceable, we do not accept returns or offer refunds unless the artwork arrives damaged.
          2. Damaged artworks: If the artwork arrives damaged, you must provide us with clear photographs of the damage within 48 hours of receipt. We recommend that the customer not handle the artwork and send detailed photos of the packaging and the artwork. After reviewing the case, we will offer an appropriate solution, such as a partial or full refund, in addition to providing the postal address where the artwork should be returned by the customer at their own cost.
          3. Errors in shipping address: If the customer entered an incorrect address and the package cannot be delivered, the customer will be responsible for the re-shipping costs. If the artwork cannot be returned or is lost due to the customer's error, no refund will be offered. We recommend carefully reviewing the shipping address before completing the purchase to avoid potential errors.
          4. We do not accept claims if the damage is due to improper handling by the customer. We also do not cover claims for slight variations in color or texture that are inherent to the production process and materials used in the original artworks.

        D. Quality Guarantee and Image Accuracy

          1. Materials and preservation: All our artworks are created using the highest quality materials. However, due to the delicacy of original artworks, we recommend following our preservation guidelines to maintain the quality of the piece.
          2. Artwork preservation: Avoid exposing the artwork to direct sunlight, humidity, or extreme temperatures. If necessary, frame the artwork with protective glass to ensure its durability.
          3. While we strive to represent each artwork accurately, color variations may occur due to differences in device screens. Claims for slight variations in color or appearance will not be accepted, as this is normal in the digital display of artworks.

        E. Modifications or Cancellations

          1. Cancellations: Once an original artwork purchase has been made, cancellations cannot be made. All sales of original artworks are final.
          2. Shipping address changes: If you need to change the shipping address, please contact us within 24 hours of purchase. If the address change is not possible, we will notify you as soon as possible so you can take the appropriate steps.
          3. After this period, we cannot guarantee that the change can be made.

        F. International Shipping

          1. Additional costs: International customers are responsible for any taxes, duties, or customs fees that may apply when receiving the artwork in their country. In case of confirmed order loss, a full refund for the product cost will be offered. However, we will not refund any duties or taxes paid by the customer, as these are the buyer's responsibility.
          2. Customs delays: International shipments may be subject to additional delays due to customs processes. We cannot guarantee an exact delivery date for orders outside the country.

        G. Acquisition of Artworks

          1. By acquiring an artwork from Katiuska's Art online gallery, you are entering into a legally binding contract to purchase the selected item.

        H. Purchases and Payments

          1. Katiuska’s Art is a well-established e-commerce platform, recognized in the digital world. Browsing our website does not imply any purchase commitment. All purchases made are completely optional and voluntary.
          2. By making a purchase through our website, you agree to provide accurate and complete information about yourself as needed to complete the transaction.
          3. We reserve the right to reject or cancel orders at any time for any reason, including but not limited to product availability, pricing errors, or payment issues.
          4. All artwork prices are in the specified currency and are valid at the time of purchase. We reserve the right to change prices at any time without notice.
          5. Payments will be processed using secure payment methods. It is your responsibility to provide accurate and error-free payment information.
          6. We reserve the right to change prices at any time without notice. However, price changes will not affect orders already made and paid for.

        I. Claims for Delays or Loss of Original Artwork Shipments 

          1. If the order has not arrived within the estimated time, domestic customers (Puerto Rico) must contact us within 7 days of the expected delivery date. For international shipments, please contact us within an additional 7 days if there are customs delays.
          2. In case of delays, the tracking number will first be reviewed, and the courier company will be consulted for updated information on the order status. If the order is lost during transit (and the courier confirms it), a full refund will be offered.

           8. Contact and Support

           I. Contact Information

          1. For any questions, concerns, or issues with your order, feel free to contact us via email at: support@katiuskaart.com. We will respond within 24 to 48 hours.

          9. DMCA Notification “Digital Millennium Copyright Act Notification”

          We respect the intellectual property rights of third parties. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact our Designated Agent, as required by the Digital Millennium Copyright Act of 1998 (DMCA).

          For your claim to be valid under the DMCA, you must provide the following information when submitting your copyright infringement notice:

          - A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

          - Identification of the copyrighted work claimed to have been infringed.

          - Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is requested to be removed.

          - Sufficiently reasonable information to permit the service provider to contact the complaining party, including name, address, phone number, and, if available, an email address.

          - A statement that the complaining party "in good faith believes that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."

          - A statement affirming that "the information in the notification is accurate" and that, "under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

          The above information must be submitted in writing, by fax, or by email, addressed to the following Designated Agent:

          Attention: Katiuska’s Art, LLC  

          Email: support@katiuskaart.com

           WE WARN THAT, UNDER FEDERAL LAW, ANY PERSON WHO KNOWINGLY MAKES A FALSE CLAIM OF COPYRIGHT INFRINGEMENT MAY BE SUBJECT TO SEVERE CIVIL PENALTIES. THIS INCLUDES MONETARY DAMAGES, COURT COSTS, AND ATTORNEY FEES INCURRED BY US, ANY COPYRIGHT OWNER, OR LICENSEE AFFECTED BY THE FALSE CLAIM. YOU MAY ALSO FACE CRIMINAL CHARGES FOR PERJURY.

          This information should not be construed as legal advice. For additional details on valid DMCA notice requirements, please refer to 17 U.S.C. 512(c)(3).

           

          10. Cookie Policy

           I. What are cookies?

          Cookies are small text files that are stored on your device (computer, tablet, mobile phone, etc.) when you visit our website. These cookies allow the site to remember your actions and preferences (such as login, language, or display settings) for a period of time, so you don't have to reset them each time you return to our site or navigate from one page to another.

          II. How do we use cookies on Katiuska’s Art?

          At Katiuska’s Art, we use cookies for several purposes, including:

          1. Enhancing user experience: We customize your visit to offer a unique and enjoyable experience by remembering your preferences and showing relevant content.
          2. Traffic analysis: We use analytical tools to better understand the behavior of our visitors, which helps us improve our site and the products we offer.
          3. Facilitating purchase processes: We use cookies to ensure that the purchase process is smooth, such as remembering the products you add to your cart.
          4. Marketing cookies: These cookies are used to show you relevant ads about our products and services on third-party websites.

          III. Types of cookies we use

          1. Strictly necessary cookies: These cookies are essential for our site to function properly. Without them, you wouldn’t be able to use basic services like the shopping cart or site navigation.
          2. Performance cookies: These cookies allow us to measure and improve the performance of our website by collecting information about how you use it, such as the pages you visit and any errors you may encounter.
          3. Functional cookies: These cookies allow the website to remember choices you make (such as language or region) and provide enhanced, more personalized features.
          4. Marketing or advertising cookies: These cookies are used to show you ads that are relevant to you and measure the effectiveness of our advertising campaigns. They also help limit the number of times you see an ad.

           IV. Use of third-party cookies 

          At Katiuska’s Art, we also use third-party cookies to improve your online experience. These third parties include advertising platforms, social networks, and analytical services that help us better understand visitor behavior and offer personalized ads on other platforms. Some examples of third parties that may place cookies on your device when you visit our site include:

          1. Google Analytics: We use Google Analytics to collect information about how users navigate and use our site. This data helps us improve site performance and provide better services.
          2. Facebook Ads: We use Facebook and Instagram (Meta) cookies to show personalized ads to users and measure effectiveness.