Legal Notice
1.Essential Legal Documents
Terms of Service (ToS): A contract governing site use. Include clauses on Intellectual Property (stating you own the art), Prohibited Conduct (no scraping or unauthorized use), and Governing Law.
Privacy Policy: Legally required if you collect data (emails, cookies, or names). You must disclose what you collect, how it’s stored, and user rights under laws like GDPR or CCPA.
Processing Time: All orders are processed within 3–5 business days. All sales are final and non-refundable.
Shipping Rates: Rates are calculated at checkout based on weight, dimensions, and destination. We offer standard, expedited, and international shipping.
Tracking: You will receive a tracking number via email once your order has shipped.
Damages: If an artwork arrives damaged, please take photos of the packaging and the piece immediately and contact us within 48 hours to file an insurance claim.
2. Critical Notices & Disclaimers
Copyright Notice: Place in your footer: © [Year] [Your Name/Business]. All Rights Reserved.
Intellectual Property Disclaimer: Explicitly state that images cannot be reproduced or used for AI training without written consent.
Cookie Notice: A popup or banner informing users about tracking tools (like Google Analytics).
3. E-commerce Specifics
Terms of Sale: Define when a sale is “final” and the transfer of ownership versus copyright (usually the artist keeps the copyright even after the physical piece is sold).
DMCA Policy: If you allow user comments or uploads, include a process for reporting copyright infringement to protect yourself from liability.
LEGAL NOTICE & TERMS OF USE
General Information
This website (dianakempdreamscapes.com) is owned and operated by [Diana Kemp/ dianakempdreamscapes.com] (“we,” “us,” or “our”). The Website is intended to showcase and sell original artwork. Can I have the option to add prints, etc., at a later date?
By accessing, browsing, or making a purchase through this Website, you acknowledge that you have read, understood, and agreed to be bound by this Legal Notice and all applicable laws and regulations.
Intellectual Property Rights
All content displayed on this Website, including but not limited to artwork, illustrations, designs, images, logos, text, graphics, and digital files, is the exclusive intellectual property of [Diana Kemp/dianakempdreamscapes.com], unless otherwise stated.
No content may be copied, reproduced, distributed, modified, displayed, or used for commercial or non-commercial purposes without prior written consent from the artist. Unauthorized use may result in legal action.
Products and Pricing
All products offered on this Website are subject to availability. We reserve the right to modify, discontinue, or limit quantities of any product at any time without prior notice.
Product prices are listed in US dollars.
Artwork and merchandise prices are displayed exclusive of shipping charges and applicable taxes unless stated otherwise.
The final payable amount will be displayed at checkout:
Item Price: ______
Shipping Charges: ______
Shipping Insurance: ______
Applicable Taxes: ______
We reserve the right to correct pricing errors or inaccuracies at any time, including after an order has been placed.
Shipping & Delivery
Shipping timelines, methods, and charges vary depending on the destination (right now, it’s just canvases. Is there anything else that should be added besides destination here?
Estimated delivery times are provided for reference only and are not guaranteed.
Shipping and insurance fees will be calculated at checkout.
Any customs duties, import taxes, or additional charges imposed by local authorities are the sole responsibility of the buyer.
Shipping Cost: ______ (this will vary widely based on weight, packing material, destination, and selected shipping method. Should this appear above under shipping and insurance section?
We are not liable for delays caused by shipping carriers, customs processing, or events beyond our reasonable control.
Taxes
Applicable sales tax, VAT, GST, or other governmental taxes will be charged in accordance with local, state, or international tax laws.
Tax Amount: ______ (according to the CDTFA (my seller’s permit), I’m only liable for CA tax. And Stripe will automatically calculate the appropriate tax, correct?
The customer is solely responsible for any additional taxes or reporting obligations required in their jurisdiction.
Returns, Refunds & Cancellations
Due to the nature of original artwork, all sales are final, unless otherwise stated.
Refunds are granted only if buyer provides photographic proof of damage to the art and packaging during transit within 24-48 hours of delivery. Should there be mention of insurance here?
Limitation of Liability
To the fullest extent permitted by law, [Diana Kemp/dianakempdreamscapes.com] shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use of this Website or the purchase of any products.
All products are provided “as is” without warranties of any kind, express or implied.
External Links
This Website may contain links to third-party websites. We do not control or assume responsibility for the content, policies, or practices of any third-party sites.
Privacy & Data Protection
Personal data is collected and processed in accordance with:
U.S. privacy regulations
GDPR (for EU customers, where applicable)
Other applicable international data protection laws
Please refer to our Privacy Policy for details on data collection, usage, and storage. (Where is the privacy policy? And what about cookies and opt-out options, if any?)
Governing Law
This Legal Notice shall be governed by and construed in accordance with the laws of [California/United States], without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts located therein.
Changes to This Legal Notice
We reserve the right to update or modify this Legal Notice at any time without prior notice. Continued use of the Website constitutes acceptance of any changes.