TERMS OF SERVICE

1. Acceptance of Terms

By completing checkout and submitting payment, the Client acknowledges they have read, understood, and agree to be bound by these Terms of Service in full. These terms constitute a binding agreement between the Client and Merrifox, LLC (“Merrifox,” "Artist," "Seller").

2. All Sales Final — No Refunds

All sales of original artwork are final. Merrifox does not offer refunds, exchanges, or cancellations once an order is confirmed and payment is processed, except where required by applicable law.

Exception: this policy does not override any non-waivable statutory rights the Client may have under the law of their state or country of residence, including but not limited to distance-selling or cooling-off protections that may apply to certain international purchasers.

3. Shipping, Risk of Loss & Damage

Artwork is professionally packaged with care. However, once the artwork is tendered to a third-party carrier, risk of loss or damage in transit passes to the Client.

Merrifox is not liable for loss, damage, or delay caused by the carrier once the artwork has been shipped, except to the extent such loss or damage is caused by Merrifox's own gross negligence or willful misconduct in packaging, which cannot be waived.

Client is strongly encouraged to purchase shipping insurance, offered at checkout. Any damage claim must be reported to Merrifox in writing within 48 hours of delivery, accompanied by photographs of the artwork, packaging, and shipping label, to be eligible for a carrier insurance claim. Merrifox will assist with — but does not guarantee the outcome of — any such claim.

4. Copyright & Reproduction Rights

Merrifox (the Artist) retains sole and exclusive copyright and all intellectual property rights in and to the artwork, in perpetuity, regardless of the sale or transfer of the physical original.

This includes, without limitation, the exclusive right to reproduce, photograph, scan, license, print, publish, exhibit, and create derivative works from the artwork, in any medium now known or later developed, including physical prints and digital/NFT formats.

The Client receives no license, right, or interest in the copyright, and may not reproduce, scan, photograph for commercial use, license, or create derivative works of the artwork without Merrifox's prior written consent.

5. Scope of Client's Rights

The Client's purchase conveys ownership of the single physical original artwork only. No rights are granted beyond physical possession and display of that original, including but not limited to reproduction rights, commercial use rights, resale royalties owed to the Client, or any claim to unique/exclusive ownership of the image or composition depicted.

Client may display, resell, or gift the physical original, but any resale does not transfer any copyright or reproduction rights, which remain with Merrifox.

6. Authenticity

Each original artwork is accompanied by a signed Certificate of Authenticity confirming it as an original, hand-made work by the Artist.

7. Commissions

This section applies whenever the Artist creates a painting at the Client's request based on a specific subject, reference, or brief (a "Commission"), in addition to all other sections of these Terms.

Artistic Freedom. The Artist retains full artistic freedom in interpreting and executing every Commission. The Client's initial input — including subject matter, reference materials, medium, and size — informs the Commission, but does not entitle the Client to direct, approve, or dictate the Artist's specific creative, compositional, or technical choices.

No Revisions. Once work on a Commission has begun, the Client may not request revisions, alterations, or changes to the piece. All Commission sales are final on the same terms set out in Section 2, with no exception for dissatisfaction with the Artist's creative interpretation.

Deposit. A non-refundable deposit of 50% of the total Commission price is required to join the Commission waitlist and to begin work. The remaining balance is due upon completion and prior to shipment.

Reference Materials. If the Client supplies a photograph or other reference material for use in a Commission, the Client certifies that they either own the copyright to it or have obtained permission sufficient to permit the Artist's use of it in creating the Commission. The Client assumes liability for, and agrees to indemnify and hold harmless the Artist against, any third-party copyright claim arising from reference material the Client has supplied.

If the Client did not take the photograph themselves, or does not hold the rights to it, the Client must disclose this to the Artist before work begins. In that case, the material will be treated as inspiration for the Commission rather than a direct reference, and the parties will discuss the appropriate approach together. Where the Artist sources the reference material instead of the Client, this section does not apply.

Copyright. The copyright terms of Section 4 apply in full to Commissions: the Client owns the physical original only, and the Artist retains all copyright and reproduction rights in the finished work, unless otherwise agreed in a separate signed writing.

8. How the Work Is Photographed

Two kinds of images accompany each painting, and they serve different purposes.

Images that show a painting living within a room are AI-rendered to help the Client imagine how the work might feel at home. These are impressions, offered in the spirit of invitation rather than measurement — scale, wall color, framing, and composition may not reflect the space exactly, and should not be relied upon as accurate.

Images of the painting on its own, apart from any room, are photographed directly from the original. These are held to the truest color the Client will find outside the work itself, allowing only for the natural variance every screen introduces.

9. Marketing Use of Images

Merrifox retains the right to photograph, reproduce, and use images of the artwork — including images taken prior to shipment and any images the Client voluntarily shares of the artwork in their home — for portfolio, marketing, publication, and promotional purposes, with attribution to the collector withheld unless separately agreed.

10. Condition, Care & Framing

Merrifox is not responsible for changes in the artwork's condition resulting from framing, display environment (humidity, direct sunlight, temperature), improper handling, or care after delivery.

11. International Orders

For international shipments, the Client is solely responsible for any customs duties, import taxes, and fees assessed by their country. Where the Client resides in a jurisdiction that provides non-waivable consumer protections (e.g., statutory cancellation rights), those rights apply notwithstanding Section 2, to the extent required by law.

12. Governing Law & Disputes

Utah, U.S.A. law governs these Terms, without regard to conflict-of-law principles, except where a non-waivable consumer protection law of the Client's home jurisdiction applies. Any dispute shall be resolved in the state or federal courts located in [INSERT YOUR COUNTY/STATE], and the Client consents to that jurisdiction and venue.

13. Severability & Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. These Terms, together with the checkout order confirmation, constitute the entire agreement between the parties regarding the sale.

14. Acknowledgment

☐ I have read and agree to the Merrifox Terms of Service, including the no-refund policy, shipping risk terms, Commission terms (including no revisions and the Artist's full artistic freedom), how room and standalone images are produced, and the Artist's retained copyright and reproduction rights.