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TERMS OF SALE & PURCHASE AGREEMENT

TERMS OF SALE & PURCHASE AGREEMENT

Fine Art & Limited Edition Works

Last updated: 13/12/2025

Parties

Seller:
Barbara Diniz, visual artist, Brazilian citizen, acting as an individual (Pessoa Física), CPF nº [to be inserted], hereinafter referred to as “the Artist”.

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Buyer:
The individual or legal entity completing a purchase through this website, hereinafter referred to as “the Collector.”

By completing a purchase, the Collector confirms they have read, understood, and agreed to the terms set forth herein.

Object of Sale

This agreement governs the sale of:

  • Original artworks; and/or

  • Limited edition fine art prints

created by the Artist and offered for sale through this website.

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Each artwork is an original artistic creation and is sold as a work of art, not as a decorative commodity.

Nature of the Sale

All purchases constitute an international sale originating from Brazil.

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Each transaction is accompanied by a formal sales contract and invoice issued in compliance with Brazilian tax and export regulations. This documentation confirms the artwork’s authenticity, sale value, and export status for customs and legal purposes.

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The Collector agrees to provide accurate contact and shipping information required for the preparation of this documentation.

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Artistic Nature & Variations

The Collector acknowledges that:

  • Artistic works may contain natural variations in texture, tone, color, surface, and material;

  • Such characteristics are inherent to the artistic process and do not constitute defects;

  • Images displayed online are for reference only and may vary slightly from the final physical artwork due to screen calibration, lighting, or photographic conditions.

Edition, Signature & Authenticity

Where applicable:

  • Limited edition works are produced in a strictly defined edition size as stated on the product page;

  • Each print is individually hand-signed and hand-numbered by the Artist;

  • Each artwork is accompanied by a Certificate of Authenticity issued by the Artist;

  • Once an edition is sold out, no further reproductions will be made.

Ownership, Copyright & Moral Rights

The purchase of an artwork transfers ownership of the physical object only.

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All copyrights and moral rights remain with the Artist, including but not limited to:

  • The right of authorship, attribution, and integrity;

  • Protection under Brazilian Copyright Law (Lei nº 9.610/98).

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The Collector may not reproduce, distribute, modify, license, or commercially exploit the artwork in any form (including prints, merchandise, digital reproduction, or NFTs) without prior written consent from the Artist.

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For commissioned works, copyright remains with the Artist unless explicitly transferred in writing.

Price, Currency & Payment

  • Prices are listed and charged in the currency displayed at checkout (USD);

  • Any currency conversions shown prior to checkout are estimates only and may differ from rates applied by the Collector’s bank or payment provider;

  • Payment is processed via secure third-party platforms (such as PayPal or credit/debit card providers);

  • Orders are confirmed only after payment has been successfully completed in full.

  • Prices and availability are subject to change without notice.

Shipping & Delivery

Artworks are carefully packaged by the Artist to professional standards.

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Delivery timelines are estimates and may vary depending on destination, courier service, and customs processing.

 

Unless otherwise stated, artworks are dispatched as soon as reasonably possible following completion and preparation.

Risk of Loss & Damage in Transit

Risk of loss or damage transfers to the Collector upon dispatch of the artwork, except where damage results from inadequate packaging by the Artist.

If an artwork arrives damaged:

  • The Collector must notify the Artist within 48 hours of receipt;

  • Photographic evidence of the damage and packaging is required;

  • Upon verification, the Artist will offer a replacement or repair where feasible;

  • A refund will be issued only if replacement or repair is not possible.

Returns & Refunds

All artworks and prints are made to order or are limited and collectible in nature.

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Returns and refunds are not accepted except in cases of verified damage or defect.

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Change of mind does not qualify for a return or refund.

Limitation of Liability

The Artist is not responsible for:

  • Damage caused by improper handling, framing, installation, or storage;

  • Damage resulting from environmental conditions including light exposure, humidity, or temperature after delivery;

  • Natural aging or wear consistent with fine art materials over time.

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Customs, Duties & Taxes

Import duties, customs fees, and local taxes are not included in the purchase price and are the sole responsibility of the Collector.

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The Artist is not responsible for delays, refusals, or additional costs resulting from customs clearance procedures in the destination country.

Governing Law & Jurisdiction

This agreement is governed by the laws of the Federative Republic of Brazil, without prejudice to any mandatory consumer protection laws applicable in the Collector’s country of residence.

Any disputes arising from this agreement shall be resolved in the competent courts of Brazil, unless otherwise required by mandatory law.

Acceptance of Terms

By completing a purchase through this website, the Collector expressly acknowledges and agrees to be bound by this Terms of Sale & Purchase Agreement.

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