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8. Limitation of Liability

Terms & Conditions

Last Updated: February 5, 2026

Welcome to Charcoalish Art, operated under 812 Marketing LLC. By accessing this website, purchasing artwork, commissioning custom artwork, or engaging with services offered through this site, you agree to the following Terms and Conditions.

1. Business Identity

Charcoalish Art operates as a creative brand under:

812 Marketing LLC
PO Box 2492
Indian Trail, NC 28079
United States

All financial transactions, contracts, and fulfillment obligations are managed through 812 Marketing LLC.

2. Acceptance of Terms

By purchasing artwork, submitting commission requests, or using this website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

3. Artwork Representation

We strive to accurately represent artwork through photography and digital display. However:

  • Colors and textures may vary slightly due to screen differences

  • Original artwork is handmade and may contain natural variation

  • Dimensions are approximate unless otherwise stated

These characteristics are considered part of the artistic process and not defects.

4. Pricing and Availability

  • Prices are subject to change without notice

  • Original artwork is one-of-one and cannot be replicated exactly

  • Artwork availability is not guaranteed until purchase is completed

5. Payment Terms

We accept major payment methods including:

  • Credit and debit cards

  • Digital wallet services

  • Buy Now / Pay Later services (when available)

  • Payment plans approved on a case-by-case basis

Full payment is required prior to shipping unless otherwise agreed upon in writing.

6. Commissioned Artwork

6.1 Deposits

Commissioned artwork requires a non-refundable deposit before work begins. Deposits compensate for creative planning, materials procurement, and reserved production time.

6.2 Scope and Timeline

Commission agreements will outline:

  • Project scope

  • Estimated completion timeline

  • Size and medium

  • Concept direction

Timelines are estimates and may shift based on creative process, material availability, or external factors.

6.3 Revision Limits

Commissioned artwork typically includes limited revision checkpoints agreed upon before work begins. Additional revision requests beyond agreed checkpoints may incur additional fees or timeline extensions.

6.4 Completion and Final Sale

Once a commission is completed and approved, it is considered final sale unless damaged during shipping.

7. Artist Creative Authority

Charcoalish Art maintains full creative authority over:

  • Artistic interpretation

  • Technique selection

  • Composition decisions

  • Material choices

Collectors acknowledge that commissioned and original works reflect the artist’s creative voice and are not commercial reproductions or exact replicas unless explicitly agreed in writing.

8. Intellectual Property and Copyright

All artwork, images, and designs remain the intellectual property of Charcoalish Art unless explicitly transferred in writing.

Purchasing artwork grants ownership of the physical piece only. Buyers may not:

  • Reproduce artwork

  • Commercially distribute artwork

  • Digitally replicate artwork

  • License artwork to third parties

Charcoalish Art reserves the right to display and reproduce sold or commissioned work for portfolio, promotional, or marketing purposes.

9. Artwork Care and Environmental Responsibility

Collectors assume responsibility for maintaining appropriate display and storage environments. Artwork should be protected from:

  • Excessive humidity or dryness

  • Direct prolonged sunlight

  • Extreme temperature fluctuations

  • Improper framing or hanging

Damage resulting from environmental exposure or improper care is not covered under refunds or replacements.

10. Shipping and Risk Transfer

Shipping timelines and packaging standards are outlined in the Shipping Policy.

Risk of loss transfers to the buyer upon confirmed delivery by the shipping carrier. Charcoalish Art ensures professional packaging and full insurance coverage during transit.

11. Damaged or Lost Shipments

If artwork arrives damaged or is lost in transit:

  • Buyers must notify Charcoalish Art within 14 days of delivery

  • Buyers must provide photographic documentation of packaging and damage

  • Claims will be resolved through repair, replacement, or refund when applicable

12. Refund and Return Policy

Original artwork, prints, and commissioned artwork are generally final sale. Refund eligibility is limited to verified shipping damage or fulfillment errors as outlined in the Refund Policy.

13. Limitation of Liability

812 Marketing LLC and Charcoalish Art are not responsible for:

  • Shipping carrier delays

  • Damage occurring after delivery

  • Environmental damage after receipt

  • Collector misuse or improper display

14. Force Majeure

Charcoalish Art and 812 Marketing LLC shall not be held liable for delays or inability to fulfill obligations due to events beyond reasonable control, including but not limited to:

  • Natural disasters including hurricanes, fires, floods, and earthquakes

  • Acts of God

  • War, terrorism, or civil unrest

  • Labor strikes or supply chain disruptions

  • Carrier service interruptions

  • Government restrictions or regulatory changes

  • Infrastructure or power failures

  • Illness, injury, or family emergencies affecting the artist or production partners

  • Material or framing supply shortages

In such cases:

  • Production and delivery timelines may be extended

  • Buyers will be notified as soon as reasonably possible

  • Orders will resume when conditions allow

Force Majeure events do not automatically qualify for refunds unless performance becomes permanently impossible, at which point resolution will be determined in good faith.

15. Order Cancellations

Orders may only be cancelled before shipment unless otherwise approved. Commission deposits remain non-refundable once work has begun.

16. Website Use Restrictions

Users may not:

  • Copy website content or images without permission

  • Use artwork for AI training or digital replication

  • Misrepresent Charcoalish Art branding or materials

17. Governing Law

These Terms and Conditions are governed by the laws of the State of North Carolina. Any disputes shall be resolved within applicable North Carolina jurisdiction.

18. Updates to Terms

Charcoalish Art reserves the right to update Terms and Conditions at any time. Updates will be reflected by the “Last Updated” date listed above.

19. Contact Information

For questions regarding these Terms and conditions:

📧 studio@charcoalish.art

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