Terms and Conditions.
Agreement between User and FromPicToArt.com
Welcome to FromPicToArt.com. The FromPicToArt.com website (the "Site") is comprised of various web pages operated by FromPicToArt. FromPicToArt.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Your use of FromPicToArt.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. FromPicToArt.com is an E-Commerce Site. FromPicToArt.com offers quality custom Art.
Visiting FromPicToArt.com or sending emails to FromPicToArt constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FromPicToArt is not responsible for third party access to your account that results from theft or misappropriation of your account. FromPicToArt and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
FromPicToArt does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use FromPicToArt only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
FromPicToArt.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FromPicToArt and FromPicToArt is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FromPicToArt is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FromPicToArt of the site or any association with its operators. Certain services made available via FromPicToArt.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the FromPicToArt.com domain, you hereby acknowledge and consent that FromPicToArt may share such information and data with any third party with whom FromPicToArt has a contractual relationship to provide the requested product, service or functionality on behalf of FromPicToArt.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
Third Party Accounts
You will be able to connect your FromPicToArt account to third party accounts. By connecting your FromPicToArt account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by FromPicToArt from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FromPicToArt Content accessed through FromPicToArt.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FromPicToArt, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FromPicToArt reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FromPicToArt in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FromPicToArt agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
FromPicToArt reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FromPicToArt as a result of this agreement or use of the Site. FromPicToArt's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FromPicToArt's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FromPicToArt with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FromPicToArt with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FromPicToArt with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Exchanges Physical printouts
We would issue an exchange if damage occurred during shipping.
IMPORTANT: After we've shipped your order, you will receive a shipping notification with a tracking number. Should there be a problem with your shipment, please get in touch with us within 14 days of purchase or latest, within 24 hours after delivery.
We cannot offer delivery guarantees for items that have arrived after an estimated date (e.g., birthday).
Please order your items on time. If you are shopping from the United States, we recommend 3–4 weeks for the creation of your artwork, manufacturing, and shipping. We generally recommend 4-6 weeks for orders OUTSIDE the USA.
IMPORTANT! Because the majority of our shipping providers do not deliver to P.O. Boxes, please include a physical address in your order. Otherwise, you run the risk that your order can't be delivered or that you will be asked by the shipping provider to pick up your order at their local facility.
The order is fullfilled and successfully delivered to the customer if the tracking # of the shipping provider confirms this. Ensure that someone age 18 or older is at home to take your order. We are not responsible for stolen or undetectable orders after your order has been delivered.
We accept returns and exchanges. Contact us within 3 days of delivery. Ship items back within 31 days of delivery.
The following items can't be returned or exchanged because of the nature of these items, unless they arrive damaged or defective, we can't accept returns for: Custom or personalized orders. Perishable products (like food or flowers) and Digital downloads.
Conditions of return
Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value. Once your BINDING CUSTOM ORDER is placed, and we have already started/prepared your artwork, we hope you understand that there cannot be any refunds as time has already been invested in your artwork. If we make an exception and accept your cancellation request of purchase, we charge a 50% cancellation administrative fee (minimum $75) of the purchase price.
From PicToArt has unlimited time to satisfy its customers. The work applies to the FIRST set of photos uploaded with the order. If further pictures are to be submitted or exchanged after the painting has been created, additional costs will be incurred for the buyer. If the buyer refuses to pay the additional costs for another set of photos, the painting is considered completed with the buyer's first set of photos.
The customer is responsible for the photo upload. Customers can always see how many photos have been uploaded on the order page or/and in the order confirmation email. Alternatively, photos can be sent to email@example.com. If the customer missed sending us photos, it is not our responsibility; we will remind the customer one time. If we get no further photos, we will work with the ones already provided.
We also charge an extra fee for changing backgrounds, colors, clothes, etc. and adding, for example, missing body parts. Please inquire about our reasonable service prices BEFORE the painter begins the painting. If we do not receive instructions on how the painting should be designed, we will design it according to our artist's creativity. A later redesign of the picture and/or a possible repaint is not possible without an additional charge. If the buyer refuses to pay the additional charge, the painting is considered finished.
In case the customer deleted the main product ($59.95) and only paid for the surcharge for the size option, we have the right to switch the portrait size to the next smaller size, which compensates for the main product.
If customers sent us multiple photos but didn't pay for the "merge photo" service for multiple photos, we will use the first uploaded photo and create a painting of this photo 24 hours after we sent a copy of the bill for the "merge photo" service. A later change is not possible without paying for a new painting. It is up to the customer to check their email account accordingly.
As we primarily specialize in working with natural materials and meticulously handcrafting our frames, it is possible for variations to occur in the dimensions compared to the measurements provided on the product page. Please note that these deviations should not be considered grounds for filing a complaint.
For digital prints
Due to the nature of the product, a refund is not possible.
Merge Photos, add body parts and change dress colors etc.
Basically, we paint what is on the photo you provide.
1. That means, if you sent us a blurry or low-resolution photo we will paint it as is. It doesn't become sharper in the painting. If you would like to restore your photo, please book our restoration service.
2. Basically we don't add body parts. You get painted what is in your photo. This means if a person on the photo e.g. has legs cut off, the painting will show the same. If you would like to add body parts, this service can also be booked, please contact us before we start painting.
3. Basically we paint the color shown in the photo. If you'd like to change the color of something in the photo contact us before we start painting.
4. Basically, we don't paint the original background, we paint a neutral watercolor style background to put the people in the focus. If you like to keep your original background or like to change the background to an e.g. sunset background, beach background, etc. please contact us before we start painting.
5. If you book a merge service it is your responsibility to let us know the body sizes compare to the other people on the photo before we start to paint. because we don't know your people
6. If you provide us multiple photos to merge and some of them have no lower body, only heads or upper body, we will bring them to the same size.
7. If you want someone in your merge painting in a specific place in your painting, please let us know before we start painting, otherwise we will decide which is the best arrangement.
If Reviews are written anonymously or with Nickname
FromPicToArt is entitled to complete a customer review with the full first and last name if the customer wrote a nickname or anonymously a review.
Changes to Terms
FromPicToArt reserves the right, in its sole discretion, to change the Terms under which FromPicToArt.com is offered. The most current version of the Terms will supersede all previous versions. FromPicToArt encourages you to periodically review the Terms to stay informed of our updates.
Effective as of May, 2023