Terms of service

OVERVIEW
This website is operated by Carlos Pun Art. Throughout the site, the terms “we”, “us” and “our” refer to Carlos Pun Art.
By visiting our site and/or purchasing something from us, you agree to be bound by the following Terms of Service (“Terms”), including all additional policies referenced herein such as our Privacy Policy, Shipping Policy, and Refund Policy.
If you do not agree to these Terms, you may not access the website or purchase any product.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our artworks to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you confirm you are at least the age of majority in your jurisdiction.
You may not use our products or services for unlawful purposes or violate any laws (including copyright laws).
Any breach of these Terms may result in immediate termination of access.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason.
Credit card information is always encrypted during transfer. Other content may be transferred unencrypted across networks.
You agree not to reproduce, sell, or exploit any part of the Service without express written permission.

SECTION 3 – ARTWORKS: ORIGINALS, PRINTS & COLOR VARIATIONS
3.1 Original Artworks
Each original artwork is one-of-a-kind, and may include intentional artistic textures, layers, strokes, and imperfections.
Small color variations may occur between screen display and the physical artwork due to monitor settings, lighting conditions, and photography. This is not considered an error or defect.
3.2 Prints
Printed editions may also exhibit minor color variations depending on the printing system or paper type.
3.3 Artwork Integrity
We guarantee that every artwork is created by Carlos Pun, signed, and accompanied by a Certificate of Authenticity when applicable also saved with pictures and hi ress videos.

SECTION 4 – CUSTOM COMMISSIONS
Custom-made artworks (“commissions”):
  • Require upfront payment
  • Are non-refundable under any circumstance once work begins
  • May include creative interpretation by the artist
  • Cannot be cancelled once started
  • its guarantee by the artist means that you have to approve before shipping the artwork
By ordering a commission, you acknowledge and accept that creative judgment belongs to the artist.

SECTION 5 – INTELLECTUAL PROPERTY 
5.1 Physical ownership ≠ copyright ownership
When you purchase an artwork (original or print), you are purchasing the physical piece only.
You are NOT purchasing:
  • Copyright
  • Reproduction rights
  • Licensing rights
  • NFT rights
  • Commercial usage rights
  • Merchandising rights
  • Digital rights
  • AI training rights
All intellectual property remains exclusively owned by Carlos Pun.
5.2 Prohibited Uses
You may NOT:
  • Reproduce the artwork in any format
  • Sell prints or copies
  • Mint NFTs of the artwork
  • Use the artwork for marketing or commercial purposes
  • Modify and resell digital versions
  • Upload artwork to AI generators
If you wish to license the image for commercial use, you must request written authorization.

SECTION 6 – INTERNATIONAL SHIPPING, CUSTOMS & DELAYS
6.1 International Shipments
We ship originals and prints internationally. Transit times vary depending on location, courier, and customs.
6.2 Customs & Import Fees
All customs duties, taxes, and import fees are the sole responsibility of the customer.
We are not responsible for delays caused by customs inspections.
6.3 Delivery Delays
We are not liable for:
  • Delays caused by DHL or other carriers
  • Weather conditions
  • Border inspections
  • Global restrictions
  • Holidays
  • Strikes or carrier disruptions
Once an item leaves our studio, the carrier assumes responsibility. But we are checking every step of the shipping process. 

SECTION 7 – PRODUCT AVAILABILITY
Most artworks are unique and may sell at any time. If an item is purchased simultaneously by two customers before the site updates inventory, it may not happen since the first transaction will be the determination. 

SECTION 8 – ACCURACY OF BILLING & ACCOUNT INFORMATION
You agree to provide accurate and up-to-date information.
We reserve the right to refuse or limit any order (including suspected fraud or reselling activity).
Full details are available in our Refund Policy.

SECTION 9 – OPTIONAL TOOLS
Third-party tools (analytics, marketing apps, etc.) are used “as is” without guarantees.

SECTION 10 – THIRD-PARTY LINKS
We are not responsible for third-party websites or content. Any third party seller , you can contact the artist easy direct to confirm any data or art dealer . 

SECTION 11 – ERRORS AND INACCURACIES
Occasionally, our website may contain typographical errors, pricing updates, or stock inaccuracies. We reserve the right to correct these at any time.

SECTION 12 – PROHIBITED USES
You may not use the website or artworks for:
  • Illegal activities
  • Harassment or harm
  • Intellectual property violations
  • Fraudulent activity
  • Uploading harmful code
  • Commercial exploitation of artworks
  • Scraping or data extraction
Violation may result in legal action.

SECTION 13 – DISCLAIMER OF WARRANTIES
We do not guarantee uninterrupted or error-free service.
You use the site and its products at your own risk. All products are provided “as is.”

SECTION 14 – LIMITATION OF LIABILITY
Carlos Pun Art will not be liable for damages including but not limited to:
  • Lost profits
  • Lost revenue
  • Customs delays
  • Package delays from carriers
  • Color discrepancies
  • Damage due to improper unpacking
  • Unauthorized use of artwork images by buyers
Our liability is limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION
You agree to indemnify and hold harmless Carlos Pun Art from any claims arising from your breach of these Terms.

SECTION 16 – SEVERABILITY
If any part of the Terms is deemed unenforceable, the remainder remains valid.

SECTION 17 – TERMINATION
Obligations existing prior to termination survive.
We may suspend or terminate access for any misuse.

SECTION 18 – ENTIRE AGREEMENT
These Terms constitute the entire agreement and supersede prior versions.

SECTION 19 – GOVERNING LAW
These Terms shall be governed by the laws of Peru.

SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the latest version at any time on this page.
Continued use constitutes acceptance of modifications.

SECTION 21 – CONTACT INFORMATION
Questions regarding these Terms should be sent to:
📧 art@carlospun.com