1.1 Carina Dawn Terms of Sale
The website www.carinadawn.com (the "Website") is operated by Carina Dawn, an independent online art gallery and e-commerce store. ("Carina Dawn," "we," "us," or "our").

1.2 Exclusively Online Services
Carina Dawn operates exclusively as an online business. We utilize trusted third-party infrastructure, including Stripe for secure transactions and professional global carriers for shipping and delivery. By using our services, you acknowledge that all business, including sales, customer support, and logistics, is conducted electronically and through these third-party providers.

1.3 Nature of the Business
All artwork and products sold through this Website are created and sold directly by Carina Dawn. Carina Dawn is responsible for managing Canadian transaction-based taxes (such as GST/HST) on sales as required by law, and for any other tax obligations arising from her own business activities.

1.4 Agreement to the Terms
By accessing the Website, making inquiries, or submitting an order, you affirm that you are of legal age and possess the authority to bind yourself (or the entity you represent) to these Terms. Your completion of a purchase or submission of an inquiry constitutes express acceptance of this agreement and serves as your electronic signature, legally binding you to these Terms.

1.5 Non-Acceptance of Terms
If you do not agree with these Terms, you must refrain from making a purchase, submitting an order, or otherwise interacting with Carina Dawn's services.

1.6 Privacy Policy Acknowledgement
By engaging with Carina Dawn, you also consent to the processing of your personal information in accordance with our privacy policy.

1.7 Jurisdiction and Language
These Terms are governed by and will be interpreted in accordance with the laws of Canada. The Terms are presented in English and constitute the binding agreement between you and Carina Dawn.

1.8 Contact Information
For questions about these Terms or assistance with your purchase, please contact us at info@carinadawn.com.

2.1 Placing an Order
Buyers may purchase artwork or products through the following formats:

Direct purchase via our online store, which includes a secure checkout process; or submitting an offer or initiating a purchase by contacting us directly via email (collectively referred to as "Purchase"). For commission inquiries, buyers must email us to initiate the process. We will provide the necessary steps and instructions to complete the transaction.

2.2 Buyer Responsibilities
When engaging in a Purchase, you, the Buyer, agree to the following terms:

2.3 Accurate and Complete Information
You are required to provide accurate and complete information when checking out or placing an order. This includes, but is not limited to, your name, contact details, payment information, and shipping address. Providing false or incomplete information may delay or prevent the processing of your order.

2.4 Reviewing Artwork Details
You are responsible for reviewing all available information, including artwork details (dimensions, medium, year, etc.) before making a Purchase. Unless specifically stated that a certificate of authenticity or other documentation is included, we do not guarantee such supplemental information will be provided.

2.5 Artwork Dimensions and Images
All dimensions and details are provided to the best of our knowledge and may vary slightly. Images are for reference purposes and may not perfectly reflect the artwork's actual colour, texture, or finish due to lighting, photography, or screen settings.

2.6 Frames
If an artwork is framed, the frame is provided as-is and is not considered part of the artwork. While we take care to handle all items responsibly, we are not liable for the condition of the frame.

2.7 Binding Orders
All orders and purchases are binding and may not be modified or revoked, except with our express written consent under certain circumstances that we, at our sole discretion, deem appropriate.

2.8 Purchase Price and Additional Fees
If your order is accepted or you proceed with a purchase, you agree to pay the total purchase price, which includes:
(i) the agreed-upon item price (the "Item Price");
(ii) any applicable taxes or duties;
(iii) shipping, packing, and insurance costs; and
(iv) any additional fees as applicable. If the artwork is shipped internationally, the buyer may be responsible for additional customs duties or fees not included in the initial total purchase price.

2.9 Payment Information
We require valid payment information (such as a credit card or bank account) to secure the purchase, and, in some cases, a deposit may be required.

2.10 Final and Non-Cancellable Purchases
All purchases are final and cannot be canceled by you unless expressly provided under these terms.

2.11 Completion of Transaction
You will ensure that the transaction is completed in a timely manner. This includes:
(i) paying the full purchase price by the agreed payment deadline,
(ii) providing any necessary information to complete the transaction or facilitate shipping, and
(iii) not attempting to cancel a transaction for reasons not permitted under these terms.

3.1 Full Payment Requirement
Full payment is required at the time of purchase for all orders unless explicitly stated otherwise or a payment plan has been approved in writing prior to the purchase. The total purchase price, including applicable taxes, fees, and shipping charges, must be paid immediately upon order confirmation. Payments will be considered complete once funds have been successfully processed and cleared.

3.2 Payment Plans
For orders subject to a payment plan, all terms - including the payment schedule, applicable fees, and penalties for late payments - will be detailed in a separate written agreement. Shipments will only be initiated after full payment has been received and cleared. If a payment is declined or any issue arises preventing full payment, the order will not proceed, and the buyer will be promptly notified.

3.3 Payment Methods
Stripe: a secure third-party payment processor, handles all transactions. Stripe employs advanced encryption and fraud protection to ensure the security of your financial information.

Accepted payment methods include:

Visa, MasterCard, American Express, Discover, Carte Bancaires, JCB, Diners Club, UnionPay, Apple Pay, Google Pay

Stripe supports multiple currencies, allowing for global transactions. All payment information is processed securely through Stripe, and Carina Dawn does not store or have access to your financial details. By completing a purchase, you agree to Stripe's terms of service.

Wire Transfer: For high-value acquisitions or upon request, we accept payment via Bank Wire Transfer. The following terms apply to all manual transfers:

Full Invoice Value: The Buyer is responsible for all originating, intermediary, and receiving bank fees. We must receive the full invoice amount net of all transfer charges. Any shortfall due to bank fees must be settled before the order is processed.

Currency and Exchange Rates: All transactions and transfers must be settled in United States Dollars (USD) unless otherwise agreed upon in writing. The Buyer is solely responsible for any fluctuations in exchange rates or conversion fees applied by their financial institution. The final amount received must equal the Total Purchase Price in USD; we are not liable for any shortfalls resulting from currency conversion during the payment process.

Payment Window: Upon receipt of wire instructions, the Buyer has two (2) business days to initiate the transfer and provide a SWIFT/MT103 receipt or transaction confirmation. Failure to provide proof of payment may result in the artwork being released back into available inventory.

Verification & Release: Artwork will only be released for shipment once our financial institution confirms that funds have fully cleared. A "pending" status or transfer receipt is not sufficient for the release of goods.

3.4 Order Confirmation and Processing
Upon completion of an order, you will receive an email confirmation containing details of the items purchased, the total amount, and shipping address. Please note, this confirmation serves as an acknowledgment of receipt of your order, but does not constitute acceptance of the order.

Manual Payment Capture & Verification: We use a manual payment capture process. When you place an order, your payment method is authorized for the full amount to reserve the artwork, but funds are not immediately drawn (captured) from your account.

We reserve a period of up to seven (7) days to review the order for authenticity, fraud risk, and logistics before capturing payment. Processing will begin only after full payment has been successfully verified.

Effect of Payment Authorization: If an order is declined or cancelled prior to shipment (as outlined in Section 3.5), we will void the authorization. This releases the "hold" on your funds. Because the funds were never captured, no actual refund is required; however, it may take several business days for your bank to remove the "pending" status from your statement. We are not responsible for any bank fees, currency conversion fluctuations, or interest lost while funds are under authorization hold.

3.5 Order Cancellation and Availability
Carina Dawn reserves the right to cancel any order at its sole discretion, including but not limited to situations where payment cannot be verified, fraudulent activity is suspected, an order is placed in bad faith, or the artwork is unavailable.

If an item is unavailable, we will promptly notify the Buyer and offer one of the following options: a substitute item, an estimated restock date, or a full refund. Our liability is strictly limited to the return of the original USD funds received; we are not liable for any bank conversion fees or currency fluctuations occurring between the time of purchase and the refund.

3.6 Order Modifications
Once an order has been confirmed, it cannot be modified or canceled except in specific circumstances (e.g., if there is an issue with stock availability or payment processing). Any such requests will be reviewed on a case-by-case basis.

3.7 Price Changes
Prices listed on the Website are subject to change without prior notice. Due to our multi-currency system, prices and exchange rates may fluctuate daily prior to the completion of a purchase. For payments made via wire transfer, the Buyer is responsible for ensuring the final amount received matches the total USD invoice value, regardless of any exchange rate shifts or bank fees occurring during the transfer period. However, any price changes will not affect orders that have already been confirmed with a valid payment. Any applicable taxes, shipping costs, or fees will be clearly displayed during checkout and added to the total price of the order.

3.8 Identity Verification & Anti-Fraud
To ensure the security of any high-value transactions and maintain compliance with international trade laws, Carina Dawn reserves the right to verify the identity of any Buyer.

Verification Requirements: We may require a valid government-issued photo ID and/or proof of address.
Liveness Verification: To prevent the use of fraudulent or AI-generated documentation, we reserve the right to request a "liveness photo." This may include a photograph of the Buyer holding their physical ID alongside a handwritten note specifying the current date and "Carina Dawn."
Global Compliance: We will not process transactions that violate international trade sanctions or involve prohibited jurisdictions, and reserve the right to cancel any order that poses a regulatory or security risk.
Data Privacy: Any identification provided is used strictly for verification purposes and handled with the highest level of confidentiality. This data is stored securely only as long as necessary to finalize the purchase and satisfy security or regulatory requirements, after which it is handled in accordance with our privacy policy.
Order Expiry: Failure to provide requested verification within forty-eight (48) hours may result in the immediate cancellation of the order and the release of the artwork back into available inventory.

3.9 Documentation and Additional Information
The Buyer is responsible for providing any information or documentation requested to complete the transaction.

(i) Continued Obligation: Payment of the Total Purchase Price does not relieve the Buyer of the obligation to provide any such requested information.
(ii) No Right of Cancellation: Any delay in providing requested documentation shall not constitute grounds for the cancellation of a Purchase, nor shall it justify a delay in the payment of the Total Purchase Price.

4.1 Price structure for artworks

Artwork prices are listed on the Website and available upon inquiry. Carina Dawn establishes the base value of all Artwork in United States Dollars (USD). For the Buyer’s convenience, Carina Dawn utilizes Stripe to offer localized pricing and checkout in supported currencies (e.g., CAD and USD) based on the Buyer's shipping destination. Once a Purchase is confirmed, the price for that specific transaction is fixed in the currency used at checkout.

4.2 Currency and settlement

Carina Dawn supports localized checkout via Stripe or Wire Transfer

• (i) Local Currency Checkout: Buyers will be charged in the currency presented to them at checkout (CAD for Canadian residents and USD for United States/International residents).
  
• (ii) Exchange Rates: Localized prices are calculated based on real-time exchange rates at the moment of transaction. Carina Dawn is not responsible for any additional "International Transaction Fees" or currency conversion surcharges applied by the Buyer’s specific bank.
  
• (iii) Wire Transfers: Notwithstanding the above, all manual bank transfers must be settled in United States Dollars (USD) unless otherwise agreed upon in writing. The Buyer is responsible for ensuring the final amount received by the Gallery matches the total USD invoice value, net of all intermediary bank fees.

5.1 Tax Collection Policy
By using our services, you acknowledge that all sales of artwork and products are subject to applicable sales taxes. Carina Dawn is responsible for the collection and remittance of sales tax - including GST, HST, PST, or equivalent regional taxes - where required by law. The requirement to collect tax is determined by the item's origin, its final destination, and our tax nexus in the relevant jurisdiction. All applicable taxes will be itemized on the Final Invoice.

5.2 Import Duties and Border Formalities
For artworks shipped across international borders, the Buyer is recognized as the "Importer of Record." Prices listed on the Website do not include local customs duties, import VAT, or carrier brokerage fees. These charges are assessed by local authorities in the destination jurisdiction and are payable by the Buyer directly to the shipping carrier or the relevant customs office upon arrival.

5.3 Transactional Responsibilities
Unless explicitly itemized on the Final Invoice, Buyers are solely responsible for the assessment and payment of any applicable taxes, duties, or levies, including local "Use Tax," as required by the laws of their jurisdiction. Buyers claiming tax-exempt status must provide proper documentation to our satisfaction prior to the issuance of the Final Invoice.

5.4 No Tax Advice
Carina Dawn does not provide tax, legal, or accounting advice. Any tax figures or estimates provided during the sale process are for guidance purposes only and reflect our best-faith interpretation of current regional requirements. Buyers are encouraged to consult with their own professional advisors to confirm the final tax implications of their purchase.

6.1 Buyer Default Event
In the event of a Buyer Default, defined as failure to pay the Total Purchase Price by the agreed Payment Deadline, reversal of any payment made, or failure to fulfill the terms of the transaction; Carina Dawn reserves the right to take appropriate action, including but not limited to the below.

6.2 Future Purchase Restrictions
We may:
(a) Decline future purchase offers from the Buyer, or
(b) Require a non-refundable deposit or full upfront payment before accepting future transactions from the Buyer.

6.3 Interest on Overdue Payments
We reserve the right to charge interest on overdue amounts from the Payment Deadline until payment is received in full. The interest rate shall be:
(a) 15% per annum, or
(b) The maximum rate permitted by applicable law, whichever is lower.

6.4 Sale Cancellation and Damages
We may cancel the sale in the event of Buyer default. In such cases, any payments made by the Buyer may be retained as liquidated damages to cover administrative costs, lost opportunities, and other reasonable expenses incurred. Additionally, a cancellation fee of 15% of the Item Price will apply.

6.5 Resale of Artwork
If the artwork is resold at a lower price, the Buyer is responsible for covering the difference between the original purchase price and the resale price.

6.6 Legal Proceedings
We may initiate legal proceedings to recover any outstanding amounts, including the Total Purchase Price, interest, legal fees, and costs incurred.

6.7 Set-Off Rights and Recovery
We may offset any outstanding amounts owed by the Buyer against any funds or credits that may otherwise be due to the Buyer from us, or use any previously provided payment methods to recover unpaid balances.

6.8 Additional Remedies
We may take any other lawful action deemed necessary to protect our interests, including, but not limited to:
(a) Restricting the Buyer's access to our services, or
(b) Notifying relevant parties of the Buyer's default.

The Buyer agrees to these remedies without prejudice to any other rights or remedies we may have at law or equity.

6.9 Owed Amounts and Collection Rights
You agree that Carina Dawn may collect any Owed Amounts arising from your use of the services or purchase of items by any of the following methods:
(a) Charging or debiting your Payment Method(s), including methods previously provided;
(b) Issuing an invoice for the Owed Amounts, payable upon receipt;
(c) Offsetting any Owed Amounts against amounts we owe you or have collected on your behalf;
(d) Reversing any payments previously made to you;
(e) Taking any other lawful action necessary to recover the Owed Amounts.

6.10 Owed Amounts May Include
(a) The Total Purchase Price of an item purchased by you;
(b) Applicable fees, including transaction or processing fees;
(c) Taxes or other charges related to your use of the Services or the purchase of an item;
(d) Amounts remitted to third parties on your behalf, such as shipping costs;
(e) Liquidated damages or other penalties for Buyer Default;
(f) Fees related to cancellations or returns;
(g) Legal fees, collection agency fees, or other costs incurred in recovering Owed Amounts.

We may take reasonable steps to recover Owed Amounts in accordance with this section and shall not be liable for any loss or damage arising from such actions.

7.1 Shipping Costs and Payment
Shipping costs and any additional fees will be calculated and added at checkout or included in a custom invoice.

7.2 Buyer Responsibilities
Buyers are responsible for all costs related to the handling and shipping of purchased items. This includes, but is not limited to, shipping fees, customs duties, and taxes.

The Buyer acknowledges that customs duties and import taxes vary by country and are determined by local authorities. As part of the Delivery Duty Unpaid (DDU) arrangement, the Buyer is responsible for paying any applicable duties and fees directly to the relevant authorities or carrier at the time of import. The exact amount of these charges may not always be known at the time of purchase.

The Buyer must ensure that all delivery information provided at the time of purchase is complete and accurate. We are not liable for any delays, additional costs, or complications resulting from incorrect or incomplete address details.

7.3 Shipping Costs and Adjustments
Shipping fees are determined based on the item's size, weight, value, and destination. These fees will be disclosed at checkout or detailed in a custom invoice. Any additional costs incurred due to address modifications, inaccurate information, or other unforeseen circumstances will be the Buyer's responsibility.

7.4 Insurance and Liability
We are committed to ensuring a smooth and secure shipping process. While Carina Dawn does not assume direct liability for loss, damage, or delays, we will actively assist in resolving shipping-related issues.

If an item arrives damaged, the Buyer must follow the claims process provided by the shipping insurance provider. If the insurance does not fully cover the value of the item, we will work closely with the Buyer to find the best solution; whether that means a replacement, restoration, or another suitable resolution.

If an item is lost in transit, we will assist in resolving the situation. A full refund may be issued, subject to the outcome of the claims process. However, if the parcel is subsequently located and delivered, the Buyer is legally obligated to repay the full purchase price within 14 days. Failure to do so may result in legal action to recover the amount due.

Delivery is considered complete when the carrier's tracking system records the status as "Delivered." Carina Dawn is not responsible for any loss, theft (e.g., "porch piracy"), or damage that occurs after the carrier's "Delivered" timestamp. The Buyer is solely responsible for ensuring a secure location for delivery.

7.5 Inspection and Acceptance
Buyers must inspect the item/artwork upon receipt and notify us within 48 hours of any damage concerns. If no notification is received within this period, the artwork will be considered accepted, and the sale will be finalized.

7.6 Shipping Process and Locations
Shipping times may vary. Each piece is meticulously packaged by Carina Dawn to ensure its safe transit and delivered through a reputable carrier from our studio location.

7.7 Timeframe for Shipping
Dispatch Time: Orders are dispatched within 7 business days of confirmation, unless otherwise specified.
Shipping Time: Once shipped, delivery typically takes 5 to 12 business days, depending on the destination.
These timeframes are estimates and may vary based on location, customs processing, or carrier delays.

7.8 Tracking and Communication
We will provide tracking information once the shipping label has been created. Buyers are responsible for monitoring the shipment and promptly reporting any issues.

7.9 Local Pick-Up
Local pick-up may be arranged by mutual written agreement between Carina Dawn and the Buyer. If the Buyer chooses to physically collect the item, the Buyer assumes all risk of loss or damage from the moment of collection.

7.10 Shipping Disputes
In the event of a shipping dispute or concerns regarding the condition of the artwork upon delivery, the Buyer must notify us within seven (7) days of receipt. We will work with the Buyer to address and resolve the matter.

7.11 Delays and Additional Costs
The Buyer may incur additional shipping or handling costs under the following circumstances:

Delays in paying the Total Purchase Price. Changes to the delivery address after payment. Failure to disclose delivery-specific factors (e.g., limited access or special handling requirements). Failure to provide required shipping information or secure necessary permits/licenses in a timely manner. Non-compliance with obligations under this agreement that affect the shipping process.

We reserve the right to adjust shipping policies as needed to ensure smooth and secure transactions.

8.1 Buyer Responsibilities
Shipping Terms (DDU): All international orders are shipped Delivery Duty Unpaid (DDU). The Total Purchase Price includes the artwork, transportation, and only those applicable sales taxes (e.g., GST) that we are legally required to collect at the time of transaction.

Customs Duties and Taxes: The Buyer is solely responsible for all customs duties, import taxes, and any other charges or fees imposed by the exporting and importing countries.

Non-Liability: These charges are not included in the purchase price. We are not responsible for estimating or collecting these charges on behalf of the Buyer. Refusal to pay customs fees does not constitute grounds for a refund.

Import Restrictions: Buyers must ensure the purchased item complies with local import laws and restrictions. We are not responsible for items seized, delayed, or destroyed by customs due to local regulations or the Buyer's failure to secure necessary permits.

8.2 Customs and Delivery
Accuracy of Information: The Buyer is responsible for providing complete and accurate shipping information, including any required documentation for customs processing. We shall not be held liable for any delays, issues, or costs arising from incomplete, inaccurate, or untimely information provided by the Buyer.

Permits, Licenses, and Duties: The Buyer is responsible for any applicable customs duties, taxes, or fees imposed by the importing country, and for securing any additional permits or licenses required for importation.

Delays: Cross-border deliveries may be delayed due to customs processing, which is beyond our control.

8.3 Returned Shipments (Buyer Responsibility)
If an item is returned for any of the following reasons: incorrect or incomplete shipping information; failure to pay applicable customs duties, taxes, or fees; failure to secure necessary permits or licenses; failure to accept delivery; or any other reason resulting in the item being undeliverable or returned; the Buyer agrees to the following:

8.3.1 Return Shipping Costs and Responsibilities
The Buyer is responsible for all costs and risks associated with a return, including return shipping fees and insurance, customs duties/taxes/import fees related to the return shipment, damage or loss incurred during return shipping, and any applicable restocking fee. A returned shipment does not constitute a cancellation of the sale. Original shipping fees are non-refundable, and the Buyer remains responsible for all costs arising from a return.

8.3.2 Additional Fees
The Buyer must cover additional charges resulting from the purchase, cancellation, or return, including payment processing fees, transaction fees, currency conversion fees, and initial shipping and insurance costs.

8.3.3 Reshipping Costs
If the Buyer requests the item to be re-shipped, they are responsible for all associated costs, including new shipping & handling fees, insurance, and any additional customs duties or taxes. The item will not be re-shipped until all fees are paid in full.

8.3.4 Void Sale and Forfeiture
If the Buyer chooses not to have the item re-shipped or fails to pay the associated fees within thirty (30) days of the item being returned, the sale will be considered void. The Buyer acknowledges and agrees that Carina Dawn shall retain the Total Purchase Price as liquidated damages, reflecting costs incurred including lost sales opportunities, storage, insurance, and administrative labor. The Buyer forfeits any further claim to the item.

9.1 All Sales Are Final
All sales are are strictly final. Once an order has been submitted and entered our processing system, no cancellations, refunds, or exchanges will be accepted for "Buyer's Remorse" or change of mind. Shipping, handling, and insurance fees are service-based costs and are non-refundable under any circumstances.

9.2 Order Cancellation by the Buyer
If the Buyer wishes to cancel an order, they must notify us within 24 hours of order submission.

Discretion: The granting of any cancellation is at our sole discretion and depends on the current status of the order.
Administrative Fee: If a cancellation is authorized, a 15% Administrative Fee will be deducted from the refund to cover non-recoverable processing fees, and the temporary removal of the item from the market.
Finality: Once an item has been prepared for shipment, crated, or the 24-hour window has passed, the sale is 100% non-cancellable and no refunds will be issued.

9.3 Damaged or Defective Items
In the rare event an item arrives damaged, the Buyer must notify Carina Dawn (at info@carinadawn.com), the carrier, and the shipping insurance provider in writing within forty-eight (48) hours of delivery. This strict window is a mandatory requirement of our third-party insurance providers; failure to report damage within 48 hours may result in the insurance claim being denied.

Returns will not be accepted for any other reason.

9.4 International Sales and Final Sale Policy
Carina Dawn operates on a Final Sale basis. Due to the unique, one-of-a-kind, and non-fungible nature of items, all international purchases are considered final once the transaction is processed.

The Buyer acknowledges that the items sold are uniquely identified goods and are often prepared, packaged, or customized specifically for the Buyer. As such, they may be exempt from statutory "cooling-off" periods or withdrawal rights in certain jurisdictions.

In the event that a return is legally mandated by the Buyer's local jurisdiction despite our Final Sale policy, the Buyer agrees to bear all costs associated with the return, including:

Return Shipping and Insurance: The Buyer is solely responsible for all return shipping charges and must provide proof of full-value transit insurance.
Non-Refundable Outbound Costs: Original outbound shipping fees, customs duties, import taxes, and handling charges are strictly non-refundable.
Payment Processing Fees: Third-party payment processing fees are withheld by the provider at the time of the original transaction and will be deducted from any sanctioned refund.
Re-Import Duties and Taxes: Any customs duties, taxes, or fees incurred when the artwork re-enters Canada are the Buyer's responsibility.
Restocking and Administrative Fees: The Buyer is responsible for all costs incurred to process the return, including re-authentication, re-listing, re-packaging, and administrative processing. These costs may total 15–20% of the purchase price. A deduction reflecting diminished value may apply if packaging, seals, or condition have been altered beyond what is necessary for inspection.

All refunds, if granted, will be processed in the original currency and amount received in United States Dollars (USD). We are not responsible for any losses incurred due to fluctuations in international exchange rates between the date of purchase and the date of refund.

By purchasing an original artwork or commissioning a piece through Carina Dawn, the Buyer acquires ownership of the physical artwork only. Carina Dawn retains all common law and statutory copyright in the work, including all reproduction rights and the right to claim authorship. This ownership remains with Carina Dawn even after the physical sale; the acquisition of a physical work does not constitute a transfer of any intellectual property rights.

Prohibited Uses & Derivative Works
The Buyer is strictly prohibited from creating derivative works or utilizing the artwork's image for any purpose other than private or internal display. Unless prior written permission is obtained from Carina Dawn, the following actions are forbidden:

Reproduction: Copying, photographing for commercial use, or reproducing the artwork in any medium (digital or physical).
Commercial Exploitation: Using the artwork for resale, print-on-demand, or promotional merchandise.
Digital & AI Exploitation: Minting the artwork as an NFT, or utilizing the artwork, its metadata, or Carina Dawn's style for machine learning and generative AI training.
Alteration: Any physical or digital alteration, modification, or "remixing" of the artwork that compromises the original intent or integrity of the work.

Social Media & Display
The Buyer is permitted to share images of the artwork on social media, provided Carina Dawn is credited. The Buyer is granted the right to private or internal display of the artwork. However, the artwork may not be used as a "logo," "brand identity," or in any sponsored/commercial digital content, nor featured in public-facing advertising or media productions without a specific commercial license.

Licensing & Commercial Requests
If the Buyer intends to use the artwork for any purpose beyond private, domestic display - including inclusion in films, public exhibitions, or advertisements - they must obtain a formal license. Unauthorized use violates international copyright law and may result in legal action, with willful infringers liable for statutory damages up to $150,000 per work, plus attorney's fees.

Reporting & Enforcement
If a Buyer becomes aware of any third-party infringement, such as "cloned" listings or unauthorized AI-replication, they are encouraged to report it to us. We work aggressively to protect the exclusivity and value of our originals.

Resale & Transfer
The Buyer has the right to resell or gift the physical artwork. However, any subsequent owner remains bound by these same restrictions. The sale of the physical work to a third party does not transfer any intellectual property or reproduction rights.

By proceeding with the purchase, the Buyer agrees to these terms and understands that the physical acquisition of the work does not grant any rights to its image, likeness, or commercial reproduction.

11.1 Concept Approval
Prior to commencement, the scope and concept of the commissioned artwork must be documented and approved by the Buyer. The approved concept will form the basis of the final artwork. Any changes requested after approval may result in additional fees.

11.2 Artistic Integrity and Quality Assurance
Carina Dawn ensures that all commissioned artworks and murals are executed in alignment with the approved concept and her established style. Minor variations inherent to the artistic process are to be expected and do not constitute grounds for dispute.

11.3 No Revision Policy
Once the artwork is completed, it will be considered final and as agreed upon in the initial concept and discussions. Any significant changes or requests for alterations beyond the agreed-upon scope will not be accommodated.

11.4 Finality of Sale
All commissioned or custom artwork sales are final upon completion and delivery. Refunds or cancellations will not be permitted except in the following circumstances:
Significant deviations from the agreed-upon concept, as determined solely by Carina Dawn.
Inability to complete the project due to circumstances beyond her control.

11.5 Inspection and Notification
The Buyer must inspect the completed artwork within seven (7) days of delivery or, for murals, immediately upon completion. Any issues or concerns must be communicated within this timeframe. Failure to notify us within the specified period will constitute acceptance of the work as delivered.

11.6 Non-Refundable Deposit
A deposit of 50% is required to confirm commissioned or mural projects. This deposit is non-refundable and covers preliminary design, material acquisition, and administrative costs. Refunds will only be issued in the rare event of project cancellation by Carina Dawn.

11.7 Shipping and Installation Responsibilities
The Buyer is responsible for all shipping and handling fees unless explicitly stated otherwise in the agreement. For murals, the Buyer must ensure the site is prepared for installation (e.g., primed walls, clear access). Any delays or additional costs due to unprepared conditions will be the Buyer's responsibility.

11.8 Limitation of Liability
Our liability is strictly limited to adherence to the agreed-upon concept. Dissatisfaction based on subjective preferences or aesthetic changes after concept approval will not be considered grounds for a refund or revision.

11.9 Commitment to Excellence
Carina Dawn is committed to delivering commissioned and mural artworks that exceed expectations, fostering open communication to ensure the final artwork aligns with the Buyer's vision.

11.10 Commencement of Work & Buyer Responsiveness
Pre-Commencement Requirement: Work on commissioned or custom artworks will not begin until the Buyer has submitted all required materials and provided written approval to proceed. Payment of the deposit confirms the commission but does not automatically start the project.

Response Obligations: The Buyer must respond to all reasonable requests for approvals, feedback, confirmations, or required information within five (5) business days, unless the Buyer has previously communicated that they are temporarily unavailable. If the Buyer fails to respond within this period, the project will be placed on hold, and production timelines adjusted accordingly.

Non-Responsiveness and Cancellation: If the Buyer remains unresponsive for fourteen (14) calendar days without notice of temporary unavailability, Carina Dawn reserves the right, at her sole discretion, to cancel the commission. The deposit is non-refundable.

Project Milestones, Approvals & Revisions: Each stage of the project may require Buyer approval before proceeding to the next stage. Delays in providing required approvals may pause the project and affect delivery timelines. Requests for revisions beyond the initially approved concept do not reset response deadlines unless otherwise agreed in writing.

11.11 Settlement of Balance
The remaining fifty percent (50%) of the project fee, plus any applicable shipping or installation costs, must be paid in full upon completion of the artwork and prior to its release or shipment. We will not authorize the delivery or installation of any commissioned work until the final balance has been settled.

12.1 Restrictions on Resale
The Buyer agrees that any artwork purchased from Carina Dawn may not be offered for resale until the Total Purchase Price has been paid in full, and the Buyer has taken both legal ownership and physical possession of the artwork. The Buyer may not sell or transfer the rights to an artwork before it has been delivered and accepted.

12.2 Notification Requirement
Before reselling any artwork, the Buyer must notify Carina Dawn in writing of their intent to resell, including details of the proposed sale, at least 14 days before the intended resale.

12.3 Attribution and Representation
The Buyer agrees that in any future resale, the artwork must be properly attributed to Carina Dawn, and its condition, provenance, and other relevant details must be accurately represented.

12.4 Artist Resale Rights
The Buyer acknowledges that in certain jurisdictions, Carina Dawn (as the artist) may be legally entitled to a royalty payment upon the resale of the artwork. The Buyer agrees to comply with all applicable local laws regarding artist resale rights and the payment of any royalties due at the time of a future sale.

13.1 Limitation of Liability
Carina Dawn will not be liable for any losses, including consequential, indirect, incidental, special, exemplary, or punitive damages, whether arising from breach of contract, tort (including negligence), or any other legal theory, even if such losses arise directly or indirectly in connection with these Terms. Any liability, if applicable, will be limited to the purchase price of the relevant product and will only cover losses that were reasonably foreseeable at the time your order was accepted. Our liability for any loss or damage will be reduced or limited to the extent, if any, that you caused or contributed to the loss or damage.

13.2 Unauthorized Payment Method Use
Carina Dawn shall not be held responsible for any losses or damages resulting from the unauthorized use of the Buyer's payment method during checkout. It is the Buyer's sole responsibility to notify their payment provider and relevant authorities in the event of fraudulent activity.

13.3 Opportunity to Remedy
Before the Buyer undertakes any legal or formal action to resolve an issue for which Carina Dawn may be liable, the Buyer must provide a reasonable opportunity (no less than 30 days) to address the matter and offer a suitable remedy.

13.4 Force Majeure
Carina Dawn will not be held responsible for delays or failures in performance due to events beyond her reasonable control, including natural disasters, strikes, pandemics, war, governmental actions, or any other unforeseen circumstances. In such events, the Buyer's transaction may be delayed or canceled. We will work to provide a fair solution, which may include a refund or an alternative arrangement, at our sole discretion.

The Website and all intellectual property rights associated with it, including but not limited to its content, artworks, and any other materials, are owned by Carina Dawn. Nothing in these Terms grants you any rights to the Website or the artworks, other than those necessary to access and view the Website for personal, non-commercial use.

You further acknowledge that any other use of the materials, artworks, or content from the Website is prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works from such materials, unless authorized by Carina Dawn.

15.1 Good Faith Negotiations
Any disputes or claims between you and Carina Dawn that arise out of or in connection with these Terms, including issues regarding purchases or related services, will first be addressed through informal good-faith negotiations.

15.2 Small Claims Court
If the dispute is not resolved through good-faith negotiations, either party may bring the dispute to the applicable Small Claims Court in Canada, provided the dispute falls within the monetary jurisdiction and limits set by the court.

15.3 Individual Claims
Any claims or disputes between you and Carina Dawn will be handled solely between the named parties and not as part of any class, consolidated, or representative action unless agreed upon in writing by both parties.

15.4 Limitation of Class Actions
You agree that any dispute resolution proceedings will be conducted on an individual basis, and not as part of a class, representative, or private attorney general action. This provision does not preclude your participation in a class action filed before the date of this agreement, nor does it apply to the extent such waiver is prohibited by law.

15.5 Governing Law and Venue
This Agreement, including any disputes arising from it, will be governed by the laws applicable in the jurisdiction in which the Seller resides, without regard to its conflict-of-laws principles. Any dispute arising from this Agreement will be brought before the courts having jurisdiction in the Seller’s place of residence, subject to any mandatory consumer protection laws applicable in the Buyer’s jurisdiction.

15.6 Equitable Relief
Carina Dawn retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect her intellectual property rights or other proprietary interests, notwithstanding the dispute resolution process.

15.7 Waiver of Jury Trial
By agreeing to these Terms, you and Carina Dawn waive any right to a jury trial for any claims arising out of or relating to these Terms or any dispute between the parties.

15.8 Limitation of Actions
Any claim arising from this agreement must be filed within one (1) year after the cause of action accrues, or it will be permanently barred, unless otherwise required by law.

16.1 Communications
All communications will be conducted in English and electronically, either via email or other electronic posting methods.

16.2 Amendment of Terms
Carina Dawn reserves the right to amend or modify these Terms at any time. Any changes will take effect upon being posted on the Website or at checkout and will apply to all future transactions. Orders placed before such modifications will remain subject to the Terms in effect at the time of purchase.

16.3 Waiver
Any failure by either party to exercise or enforce any right or provision of these Terms does not constitute a waiver, meaning the right or provision can be enforced at a later time.

16.4 Assignment
These Terms, or any part thereof, may be assigned by Carina Dawn to a third party without your consent. However, this assignment will not affect your rights or obligations. A person who is not a party to these Terms shall have no right to enforce any part of these Terms, except where explicitly stated otherwise.

16.5 Disclosure of Information
Carina Dawn reserves the right to process and, where necessary, disclose any information related to your Order, as required by applicable law, regulation, legal process, or governmental request. Buyers have the right to request access, correction, or deletion of their personal data by contacting info@carinadawn.com.

16.6 Third-Party Links
The Website and/or checkout may contain links to third-party websites or services that are not controlled by Carina Dawn. We are not responsible for and assume no liability for the content, privacy policies, or practices of third-party websites.

16.7 Entire Agreement
These Terms represent the entire agreement between the Buyer and Carina Dawn regarding the subject matter of an Order. No other representations or promises, verbal or written, shall be binding unless included herein.

16.8 Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will be deemed severable, and the remaining provisions will continue in full force and effect.

16.9 Contact Information
If you have any questions or concerns about Carina Dawn or require assistance with your Order, the Website, or these Terms, please reach out at info@carinadawn.com.