Terms of Purchase
Last Updated April 30, 2025
Thank you for your support and interest in Sue Ciccone Fine Art. I am so thankful to have you as a part of the Sue Ciccone Fine Art community!
Please review these Terms of Purchase very carefully. By purchasing my products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access my products and/or services.
General Purpose.
These Terms are between you (“Purchaser,” “you,” “your”) and Sue Ciccone Fine Art (“Company,” “I,” “me,” “my”) for the purpose of purchasing or otherwise obtaining goods (my “Products”) whether through my website at https://www.suecicconeartist.com or any related domains or subdomains (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”
By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions (the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Applicability.
These Terms are the only terms that govern how I provide my Products to you. These Terms:
Together with your order confirmation (“Order Confirmation”), make up the entire agreement (collectively, this “Agreement”) between you and the Company, and supersede all others, both written and oral, regarding the purchase, sale, and delivery of any Services and the use of the Website. In the event of any conflict between these Terms and the Order Confirmation, these Terms will govern unless the Order Confirmation expressly states that these Terms will govern.
Will prevail over any terms and conditions submitted by you with a request for proposal, order, or in any other manner. Providing Products to you does not mean that I, in any way, accept your terms and conditions, nor will it amend or modify these Terms.
Scope of Products.
My Products include but are not limited to original fine art and fine art prints.
Product Delivery.
I may ship the Products listed on the Order Confirmation individually based on availability. Each shipment will constitute a separate sale, and you will be responsible for paying for each Product shipped whether the shipment is a full or partial order fulfillment.
If I am unable to deliver the Products because of your failure to provide appropriate instructions, address(es), documents, or authorizations: (i) any Product loss will become your responsibility; (ii) the Products will be considered delivered; and (iii) I may, at my discretion, store the Products until you pick them up with Purchaser being liable for all related costs and expenses
Non-Delivery.
The number of Products as recorded by me upon dispatch of the Order is evidence of the quantity received by you upon delivery. I am not liable for any non-delivery of Products unless you give written notice to me of the non-delivery within 7 days of the date when the Products would in the ordinary course of business have been received. Any liability for non-delivery of the Products shall be limited to the cost of the actual quantity of Products that were not delivered.
If your package is marked “Delivered” but is not at your address, please first confirm that you entered the correct shipping information in your order confirmation. I cannot replace any items free of charge if the address was entered incorrectly. In some cases, the package may be returned to me; if so, I’m happy to reship it to the correct address. You will be responsible for the shipping fees in this case.
If the address was correct and you believe your order was lost or stolen, please contact the shipping carrier directly to file a claim. I am unable to take responsibility for delivery failures or theft once a package is marked as delivered. As such, I cannot replace lost, stolen, or undelivered items free of charge.
Satisfaction with Product.
Please take the time to read descriptions carefully and check the colors on multiple screens if you are concerned about color variations. I try my best to represent the colors and tones in my work honestly and clearly. Please contact me if you have any questions about your order, and I will do my best to work with you to come to an agreeable solution.
All artwork is the sole property of Sue Ciccone Fine Art and is protected under U.S. copyright law. The images, artwork, and content on this website may not be copied, reproduced, distributed, or used for personal or commercial purposes without prior written permission from the Company. Copyright ownership remains with Sue Ciccone Fine Art, including all rights to images of sold or commissioned work.
Merchandise Availability
I cannot guarantee merchandise availability on the Website as it may be low in stock. I will notify you by email if merchandise is not available at the time your order processes. You can confirm availability by emailing me at suecicconeart@gmail.com.
Sales Price
The price of my Products is the price indicated on the Order Confirmation (the “Sales Price”). If no price is included on the Order Confirmation, the Sales Price is the price published on the Website as of the date reflected on the Order Confirmation. I reserve the right to cancel full and partial orders due to pricing errors in store presentation. Unless otherwise indicated, all Fees are in USD.
Promotions and Discounts.
I may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. Promotions are not guaranteed and may be altered or discontinued at any time. I do not honor retroactive discounts.
Payment & Billing.
By providing Sue Ciccone Fine Art with your preferred payment method, you represent and warrant that you:
Are authorized to use that payment method (the “Authorized Payment Method”)
Authorize me to charge your Authorized Payment Method for any fees related to your purchase of the Products
Grant me the right to provide information necessary to process payment through your Authorized Payment Method to third parties to facilitate the transactions initiated by you or on your behalf
Agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when those charges are incurred, including but not limited to all shipping and handling charges, applicable fees and taxes, and insurance
Transactions.
I reserve the right to refuse or cancel any order you place on the Website for any reason, including for pricing errors as described in the Sales Price section of these Terms. I reserve the right to limit order quantities by Purchaser, payment method, and/or billing or shipping address. These Terms expressly prohibit the purchase of any of my Products by resellers, distributors, or dealers.
Store Presentation.
I strive to present information that is published correctly and update the Website regularly in a way that allows me to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. I reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.
Inspection of Nonconforming Products.
Although I do my best to ensure that you receive the Products you ordered, there is a chance you could receive a different product than what is listed on the Order Confirmation, or a product with contents that do not match what is described on its label or packaging (“Nonconforming Products”). You should inspect the Products within 7 days of receiving them (“Inspection Period”). You will be considered to have accepted the Products unless you notify me in writing of any Nonconforming Products by the end of the Inspection Period and provide documented evidence as required by the Company.
If you notify me of any Nonconforming Products during the Inspection Period, I may at my sole discretion and as your exclusive remedies:
(i) replace the Nonconforming Products with conforming Products, or
(ii) issue a credit or refund for the Sales Price and any shipping and handling charges incurred by you.
Returns and Exchanges.
Every order is handled with care and as much clarity and transparency as possible. Please note that after you agree to these Terms, all sales of original artwork are final. If you wish to return a reproduction print, a restocking fee amounting to 20% of the print cost will be applied. I am happy to exchange a print for you, though the 20% restocking fee will be applied.
I accept print returns and exchanges within seven days of receipt. If you do not reach out within seven days, I will be unable to make a return, so please be prompt! Please note the above restocking fee.
I will ship your replacement print and/or issue a refund only after receiving your return and communication. Contact me here.
I ask that you return your print in the original packaging. If you do not have the original packaging, please go to the post office and purchase a stiff mailer or a sturdy tube, as well as postage. I will not provide you a refund for artwork that is damaged in transit back to the studio due to poor packaging. I am unable to restock and sell damaged prints, so please make sure you package your print with care.
I am not liable for any mishandling or failed delivery by the shipping service (USPS or UPS), and I am not liable for any damage incurred post-delivery. I suggest you handle your new artwork with care when framing and stretching. Please be kind when reaching out and remember that I do not run the post office or UPS, and I have no control over the treatment of your package in transit!
Chargebacks
By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. I have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.
Intellectual Property
The Company owns and retain all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership, and I reserve all rights not expressly granted to you. Altering or modifying the Products in any way does not grant you intellectual property ownership or the right to market or sell the altered or modified Products.
Consent to Use.
You are welcome to give me comments and feedback pertaining to my Website, Products, and Company, however, I can not receive any confidential or proprietary information. Therefore any reviews, images, comments, testimonials, feedback, ideas, suggestions, information, offers, tags, and other disclosures submitted to me through my Website or otherwise (collectively, “Submissions”) are by default not confidential. You hereby grant me an unrestricted, irrevocable, perpetual, fully-paid, royalty-free commercial license and voluntarily release me to use your Submissions in any manner for any future business use.
User Content.
Certain features of the Website may allow you to submit messages, post reviews, upload images, videos, folders, or other data, and otherwise publish content to the Website (“User Content”). I may interact with you through third-party platforms, websites, communication services, and media channels such as Facebook, Instagram, and Twitter (“Social Media Assets”), as well as my Website (collectively, “Communication Platforms”). You understand and agree that:
Any content you submit to my Communication Platforms will be considered User Content
Your User Content will not contain libelous or otherwise unlawful, profane, abusive, or obscene material, or any computer virus or other malware
I have the right but not the obligation to modify or delete User Content that I deem in my sole discretion to be abusive, unlawful, illegal, defamatory, libelous, obscene, or objectionable to me.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead me or third parties as to the origin of your User Content
You are solely responsible for your User Content and the consequences of providing User Content via my Communication Platforms
I take no responsibility and assume no liability for any User Content posted by you or any third-party
By providing User Content via my Communication Platforms, you are stating that nothing in your User Content or its use by the Company (i) infringes on the rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right; (ii) slanders or defames any other person; (iii) would cause me to violate any law or regulation or otherwise cause me any liability by its use
Age Limitations.
You must be at least 13 years old to use my Website. By submitting payment or otherwise enrolling through the Website, you are stating that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products, and that you have given me your consent to allow your minor dependents to use this Website.
Changing Terms.
I reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after I have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
Privacy and Protection of Personal Information.
I respect your privacy and am committed to protecting it. I may use certain information that I collect from you to operate Sue Ciccone Fine Art and provide my Products. Please review my Privacy Policy to understand the types of data I collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how I use your Data.
Termination of Use.
I may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. I may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to you.
Limitation of Liability.
The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.
This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
Maximum Damages.
My entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.
Binding Arbitration.
In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Chester County, Pennsylvania. If the arbitration is unable to move forward in the designated jurisdiction, I will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Choice of Law.
These Terms and the Parties’ relationship are governed by the laws of the Commonwealth of Pennsylvania. In the event of conflicting laws, the laws of the Commonwealth of Pennsylvania will control.
Notices. I may provide notice to you by (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting.
Severability and No Waiver.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, I am not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.
Transfer and Assignment.
You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.
Force Majeure.
To the extent that any failure or delay in my delivery of the Products under these Terms is caused by or results from acts or circumstances beyond my reasonable control, I will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond my reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
Headings for Convenience Only.
The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.
Entire Agreement and All Rights Reserved.
In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. I reserve any and all rights not expressly granted in these Terms.