Terms and Conditions | SEM Art Studio

TERMS AND CONDITIONS for Original Art by Zach Schnitzer and Sharon Mergener ONLY.

The Terms and Conditions of our Shop of drop shipping by Printful are different and can be found here.

PROCESSESS

For purchasing a painting | or other original pieces of art:

If the painting is hanging in an establishment – contact us as each oocation has a different process and expectation - semartstudio@gmail.com

From viewing on social media, in-person, or the website gallery:

Both parties agree upon the details of purchase (final price, shipping, deadlines, etc). Packing & Shipping fees along with any tax are (and other specialty handling or transportation fees) will be calculated for a final total agreed upon by both parties.
Decide on a payment option plan.
Be sure this is what you want – if you want/need more photos, or video footage, to set up a time to view in-person with the naked eye, we can set up a time to do this. I want you to be sure and happy with your purchase. Although I understand buyer’s remorse, this is not a “try before you buy” situation, out of protection for the original art itself.
Payments can be made electronically or in person – depending on your payment of choice and plan.
I’m happy to answer any questions and share the creative process with you, so you have a better understanding of the art you’re purchasing. I’m pleased to help and explain anything I can.
I ask that you send a photo to me so I can share it in my gallery but more importantly, I love to know where my art lands. If it resonates with you, I’d love to see how it looks in your space. Please share – and don’t hesitate to contact me with any future art needs.
Please read more about Payments, Shipping, and Returns below.

For Commissions:

Commissions are usually personal and have meaning to the buyer – and we want to be sure that we meet all of your expectations and that you are beyond satisfied with your piece of art.

The basics:

We require 50% down after a consult/conversation with us about the commission request itself.

A full explanation of commission – images are great but not required. Photos can be beneficial if of a specific space or item.

Please read more about Payments, Shipping, and Returns below.

Payment Options:

PayPal, Venmo, credit card, local checks, and layaway. If you are interested in a layaway/payment plan or would like more information, please contact us at semartstudio@gmail.com.

Satisfaction:

All purchases are 100% guaranteed. If for any reason you are not satisfied, you may return your artwork within 14 days for a full refund (minus shipping – shipping a return is the buyer’s responsibility).

We use my local UPS Store for both professional packing & shipping for most orders. Packing & Shipping fees along with any tax are (and other specialty handling or transportation fees) will be calculated for a final total agreed upon by both parties. use the USPS for smaller mini art--- Monday-Friday, however sometimes it takes a little longer. We try my best to ship orders within 3 business days of when the order was placed. Still, there are exceptions and we will update you with the process. Please email us at semartstudio@gmail.com if you need something quickly or have any questions about when your order is shipping.

Do you ship Worldwide?

We ship only in the U.S. right now. Please contact us so we can try to come up with a solution at semartstudio@gmail.com

My order is lost in the mail! What do I do?

We will happily refund you at our cost as long as the address you provided was correct. We can discuss a replacement possibility but know that it will not be the same as all paintings are one of a kind.

I provided the wrong address. What do I do?

If your order has not shipped, just email us so we can make that change! If it’s already shipped and has been returned to us, you will be responsible to cover reshipping and provide an updated or more reliable shipping address.

What happens if my item is denied at my address and returned to SEM Art Studio?

If your item was returned because you: missed delivery, moved, gave the wrong address, or left the item unclaimed at the Post Office you will be responsible to cover reshipping and provide an updated or more reliable shipping address.

We will contact you using the email provided in your order. After 30 days any unclaimed items will be considered abandoned.

Policy for the Return of Original Artwork:

Don’t love your new artwork? If the original artwork doesn't satisfy you entirely, you have 14 business days from receipt of the artwork to return it in its original package. Unfortunately, after 14 days of I am unable to offer refunds or exchanges.

To be eligible for a return, your item must be in the same condition that you received it. It must also be in the original packaging - with a receipt or proof of purchase.

Exchanges

If you want to exchange, let's talk because this depends on what you want to exchange for, the value, and the cost of shipping. Exchanges for a lesser value will be refunded the difference minus any shipping costs for both the returned item and the new item. All shipping is the buyer's responsibility. Don't hesitate to contact us first; we'll find the best solution, as your happiness and satisfaction are important to me.

I am not able to offer refunds in the following cases:

Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 30 days after deliver

We want you to be happy with the items that you purchased. If it isn’t what you expected or you would simply like to make a return, we accept returns of items within 14 days of the delivery of your item(s) for a full refund. But before you send anything back, please contact us at semartstudio@gmail.com, so we can find the best solution.

You are responsible for return shipping costs. If the item is not returned in its original conditions, you are responsible for any loss in value. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Exceptions / non-returnable items

Certain items cannot be returned, like one-of-a-kind art and any items on sale. Only regular priced items may be refunded.

Orders are shipped on business days only (Monday-Friday). We are not responsible for refunding the cost of shipping due to postal service delays.

When I buy an original painting, do I then own the rights?

If you buy a piece of artwork, you will own the art, but you will not own the copyright to it unless the artist has specifically transferred the copyright to you.

The artist retains all rights under the Copyright Act of 1976 (17 USC Section 101) as the sole author of the work for the duration of the copyright. The duration of copyright in the United States is currently the life of the author, plus 70 years.

I own the copyright to all of my work, including the products and digital pieces that derive from original and all artwork I create, including commissions and collaborations. If you have a question or a special request, contact me at semartstudio@gmail.com

All artwork and content (pictures and text) on the EverBern website are the sole property and copyright of
EverBern and artist Zach Schnitzler and artist Sharon Mergener.

Under no circumstance may you download, reproduce, publish or distribute elsewhere, in any medium, any of the images for commercial purposes without proper and prior written permission from Zach Schnitzler and Sharon Mergener of EverBern.

Legal action will be taken for unauthorized duplication or usage for commercial purposes.

Zach Schnitzler and Sharon Mergener of EverBern retains all of the copyrights to all artwork on this site, regardless of whether or not the original image has been sold. Should you wish to use an image for commercial purposes, please contact Zach Schnitzler and Sharon Mergener at semartstudio@gmail.com with details of your specific request. Thank you.