LEGAL DOCUMENTS

1. Terms of Service RFA —- Effective Date:  01/01/2025

Welcome to Recherche Fluid Art! These Terms of Service ("Terms"), along with our Privacy Policy and Shipping / Returns / Refunds Policy, which are incorporated herein by reference, govern your use of our website (www.recherchefluidart.com), services, and products.

By accessing or using our website, you agree to read, understand, and abide by these Terms and the incorporated policies. If you do not agree with any part of these Terms or policies, please do not use our website or services.

1. General Use
a. You must be at least 18 years old or have obtained verifiable consent from a parent or legal guardian to use our website and make purchases.
b. You agree to use our website and services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website.
c. We reserve the right to modify, suspend, or discontinue our services or any part of the website at any time without prior notice.

2. Purchases and Payments
a. All purchases of physical artwork are subject to our detailed Shipping / Returns / Refunds Policy . Please review this policy carefully before completing your purchase as it outlines conditions for returns, refunds, and handling damaged items.
b. We accept various payment methods as indicated during the checkout process. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website.
c. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue a product without notice.
d. Shipping methods, costs, timelines, and procedures are outlined in our Shipping / Returns / Refunds Policy.

3. Intellectual Property
a. All content present on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Recherche Fluid Art or its content suppliers and is protected by United States and international copyright laws.
b. You may not systematically extract or re-utilize parts of the contents of the website without our express written consent. Specifically, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of this website.
c. Artwork Copyright: Purchase of physical artwork grants the buyer ownership of the physical object only. The copyright, including all rights to reproduction and derivative works of the artwork, remains the exclusive property of Recherche Fluid Art / The Artist, unless explicitly transferred in a separate, signed written agreement.

4. User-Generated Content
a. If you submit content to our website (e.g., reviews, comments, images), you grant Recherche Fluid Art a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
b. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Recherche Fluid Art for all claims resulting from content you supply.
c. You agree not to submit content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.

5. Disclaimers and Limitation of Liability
a. The website and all information, content, materials, products, and services included on or otherwise made available to you through this website are provided by Recherche Fluid Art on an "as is" and "as available" basis, unless otherwise specified in writing.
b. Recherche Fluid Art makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, products or services included on or otherwise made available to you through this website, unless otherwise specified in writing. You expressly agree that your use of this website is at your sole risk.
c. Color Accuracy Disclaimer: We strive to display the colors and textures of artwork accurately on our website. However, monitor settings, screen resolutions, device capabilities, and lighting conditions vary. Therefore, we cannot guarantee that the colors displayed on your screen will perfectly match the colors of the physical artwork.
d. To the full extent permissible by applicable law, Recherche Fluid Art disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
e. Recherche Fluid Art will not be liable for any damages of any kind arising from the use of this website or from any information, content, materials, products (including artwork), or services included on or otherwise made available to you through this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

6. Privacy
Your use of our website is also governed by our Privacy Policy , which explains how we collect, use, and protect your personal information. Please review our Privacy Policy.

7. Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Maine, without regard to its conflict of law provisions. Any disputes shall be resolved exclusively in the state or federal courts located in the State of Maine.

8. Changes to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the website following the effectiveness of any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms whenever you use the website.

For any questions regarding these Terms, please contact us at: recherchefluidart@gmail.com.

2. Privacy Policy RFA —- Effective Date: 01/01/2025

Welcome to Recherche Fluid Art (www.recherchefluidart.com). Your privacy is important to us. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website. Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.

1. Information We Collect
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
a. Personal Data: Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Site or when you choose to participate in various activities related to the Site, such as online chat and message boards, and importantly, when you make a purchase. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site and making purchases.
b. Financial Data: Financial information, such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, or exchange products from the Site. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor (e.g., Stripe, PayPal, Square),  and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
c. Derivative Data (Automated): Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. We may also collect data through cookies and similar tracking technologies as described below.
d. User-Generated Content: If you submit reviews, comments, or images to our website, we may collect and display such content publicly.

2. How We Use Your Information
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
a. Create and manage your account.
b. Process your transactions, fulfill orders, and manage payments, returns, and exchanges.
c. Email you regarding your account or order.
d. Communicate with you about your inquiries, and send promotional information about new products, special offers, or other information which we think you may find interesting (you may opt-out at any time).
e. Improve our website functionality, product offerings, and user experience.
f. Monitor and analyze usage and trends to improve your experience with the Site.
g. Comply with legal obligations, resolve disputes, and enforce our terms and agreements.

3. Sharing Your Information
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
a. By Law or to Protect Rights: If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.
b. Third-Party Service Providers: We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and shipping carriers. These providers will only have access to the information needed to perform their functions and are obligated to maintain the confidentiality and security of your information.
c. Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
d. We do not sell, rent, or trade your personal information to third parties for their marketing purposes.

4. Cookies and Tracking Technologies
a. We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. When you access the Site, your personal information is not collected through the use of tracking technology.
b. Most browsers are set to accept cookies by default. You can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.

5. Data Security
a. We use administrative, technical, and physical security measures to help protect your personal information. We utilize reputable third-party hosting providers and e-commerce platforms/payment processors that employ industry-standard security protocols.
b. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

6. Your Rights and Choices
a. Account Information: You may at any time review or change the information in your account or terminate your account by contacting us using the contact information provided below.
b. Access, Correction, Deletion: Depending on your location, you may have the right to request access to, correction of, or deletion of your personal data we hold. Please contact us to make such requests.
c. Emails and Communications: If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by using the "unsubscribe" link provided in those emails or by contacting us directly.

7. Third-Party Links
Our website may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties.

8. Policy for Children
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

9. Changes to This Policy
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates.

For any questions or concerns regarding this Privacy Policy, please contact us at: recherchefluidart@gmail.com.

3. Shipping / Returns / Refunds Policy RFA —- Effective Date: 01/01/2025

This policy outlines the procedures for shipping, returns, and refunds for artwork purchased directly from the Recherche Fluid Art website SHOP (www.recherchefluidart.com). Please read this carefully before making a purchase.

SHIPPING

  • Destinations: We currently ship artwork purchased online to valid addresses within Canada and the United States only.

  • International Inquiries: If you reside outside these countries and are interested in purchasing artwork, please email us directly at recherchefluidart@gmail.com with the subject line "Purchase Inquiry". Include the title of the piece(s) you are interested in and your full shipping address (including country) so we can determine feasibility and provide a custom shipping quote.

  • Carrier and Tracking: We ship purchases using a reliable carrier selected based on destination and package size (e.g., USPS, FedEx, UPS), prioritizing the best value that includes tracking and insurance covering the full value of the artwork.

  • Order Processing: We typically process and prepare artwork for shipment within [e.g., 3-5] business days of receiving full cleared payment.

  • Estimated Shipping Time: Once shipped, delivery generally takes an estimated [e.g., 5-10] business days within the continental US/Canada, but this is an estimate provided by the carrier and is not a guarantee. Shipping times may vary due to location, carrier delays, or customs processing.

  • Notification: Once your order has shipped, we will email you the tracking number.

  • Payment: Full payment for the artwork and any applicable shipping charges must be received and cleared before we ship your purchase.

  • Taxes and Duties: Any applicable sales taxes within the US will be calculated at checkout. For shipments to Canada, the purchaser is solely responsible for any import duties, taxes (like GST/HST), and brokerage fees levied by Canadian customs or the carrier upon entry. Recherche Fluid Art is not responsible for these additional charges.

RETURNS (Non-Damaged Items)

  • Eligibility Window: We understand that viewing art online can differ from seeing it in person. If you decide the artwork is not right for your space, we accept returns of eligible, non-damaged items. You must notify us of your intent to return by email (recherchefluidart@gmail.com) within 5 calendar days of the documented delivery date. If 5 days have passed since delivery without notification, we unfortunately cannot offer a refund or exchange for change-of-mind returns.

  • Condition: To be eligible for a return, the artwork must be in its original, unused, undamaged condition (exactly as it was shipped to you).

  • Packaging: The artwork must be returned securely packaged in its original shipping box and protective packaging materials. Failure to use original packaging may void eligibility for a refund if damage occurs during return transit.

  • Return Shipping Costs: You, the purchaser, are responsible for paying all costs associated with return shipping. We strongly recommend using a trackable shipping service and purchasing shipping insurance covering the full value of the artwork, as you are responsible for the item until it is safely received back by us.

  • Ineligible Items: Please note that items marked as "Sale," "Clearance," or purchased using a discount code/coupon are considered final sale and are not eligible for return or refund unless they arrive damaged (see DAMAGED SHIPMENTS section below). Original artwork commissions are also typically non-refundable unless specified otherwise in the commission agreement.

REFUNDS (for Eligible Non-Damaged Retur/ns)

  • Inspection: Once your returned item is received and inspected by us to confirm it meets the eligibility criteria (original condition, original packaging), we will send you an email notification.

  • Approval/Rejection: We will notify you of the approval or rejection of your refund based on the inspection. Refunds will be rejected if the artwork is returned damaged, altered, or not in its original packaging.

  • Processing: If approved, your refund will be processed. A credit will automatically be applied to your original method of payment (e.g., credit card) within a certain number of days (typically 5-10 business days, depending on your bank/card issuer).

  • Shipping Cost Deductions: Please note that shipping costs are non-refundable. The original cost incurred by Recherche Fluid Art to ship the artwork to you (even if shipping was initially included or offered as 'free') will be deducted from your total refund amount.

DAMAGED SHIPMENTS

  • Inspection upon Arrival: Please inspect your package carefully immediately upon delivery. If you notice significant damage to the exterior packaging, note it with the delivery driver if possible, and take photos before opening.

  • Immediate Notification: If the artwork itself is found to be damaged upon opening, you must notify us by email within 48 hours of delivery. Send the email to recherchefluidart@gmail.com with the subject line "Damaged Shipment".

  • Required Information: Your email must include:

    • Your name and full shipping address.

    • Your order number.

    • Clear photographs showing the damage to the packaging (exterior and interior).

    • Clear photographs showing the damage to the artwork itself.

  • Retain Materials: Please retain all original shipping materials (box, padding, etc.) as these are essential for us to file an insurance claim with the shipping carrier. The carrier may need to inspect the package.

  • Action Upon Notification: Upon receiving your email with clear photographic evidence of significant damage likely caused during shipping, we will initiate an insurance claim with the shipper.

  • Return of Damaged Item: Please securely repackage the damaged artwork using the original materials. We will coordinate the return shipment. Recherche Fluid Art will cover the cost of return shipping for items confirmed damaged in transit. We will provide you with instructions or a prepaid shipping label.

  • Refund Issuance (Damaged Items): Once we receive the returned damaged item back at our studio, we will process a full refund, including your original shipping costs, to your original method of payment. Settlement of the insurance claim with the shipper is handled separately by us and its progress does not typically delay your refund once the damaged item is received by us.

Late or Missing Refunds (If Applicable)

  • If you haven’t received an approved refund yet, first re-check your bank account.

  • Then contact your credit card company; it may take some time before your refund is officially posted.

  • Next, contact your bank. There is often some processing time before a refund is posted.

  • If you’ve done all of this and you still have not received your refund, please contact us at recherchefluidart@gmail.com with the subject line "Refund Status Inquiry". Please include your name, order number, and the date the refund was approved.

Return Shipping Address:

Recherche Fluid Art
P.O. Box 122
Penobscot, ME 04476

If you have any questions about our Shipping, Returns, and Refunds Policy, please contact us before making a purchase.