Terms and Conditions of Sale
Date of Last Revision: March 2025
1. Introduction
These Terms and Conditions of Sale ("Terms") govern all sales transactions between you ("Buyer") and Moscoso Art ("Seller," "we," "us," or "our") concerning the purchase of original artworks ("Artwork") through our platform. By purchasing Artwork from us, you agree to be bound by these Terms.
2. Definitions
Artwork: Original works of art created by the artist Luis Moscoso, available for purchase through Moscoso Art.
Buyer: The individual or entity purchasing Artwork from Moscoso Art.
Seller: Moscoso Art, the provider and seller of the Artwork.
3. Order Acceptance and Contract Formation
3.1 Order Placement: To place an order, the Buyer must provide accurate personal and payment information. All orders are subject to acceptance by the Seller.
3.2 Order Confirmation: Upon receiving an order, the Seller will issue an order confirmation via email. This confirmation signifies acceptance of the order and constitutes a binding contract between the Buyer and the Seller.
3.3 Right to Refuse: The Seller reserves the right to refuse any order at its discretion, including but not limited to cases where the Artwork is unavailable, there are errors in pricing or descriptions, or if fraudulent activity is suspected.
4. Pricing and Payment
4.1 Pricing: All prices are listed in USD (United States Dollar) and are subject to change without notice. The price charged will be the price at the time of order placement.
4.2 Taxes and Duties: Prices exclude applicable taxes, duties, and shipping costs, which will be calculated and added during the checkout process. The Buyer is responsible for any additional charges incurred upon importation into their country.
4.3 Payment Methods: We accept major credit cards, Apple Pay, Google Pay, PayPal, and bank transfers. Payment must be received in full before the shipment of the Artwork.
5. Shipping and Delivery
5.1 Shipping Policy: The Seller will arrange for the shipment of the Artwork to the address specified by the Buyer. Shipping costs and delivery times will be provided at checkout.
5.2 International Shipping: For international orders, if the Buyer's country is not available at checkout, they should contact us at contact@moscoso.art to arrange alternative shipping options.
5.3 Risk of Loss: Title and risk of loss pass to the Buyer upon delivery of the Artwork to the carrier.
6. Returns and Refunds
6.1 Return Policy: The Buyer may return the Artwork within fourteen days of receipt, provided it is in its original condition and packaging. To initiate a return, contact us at contact@moscoso.art.
6.2 Refunds: Upon receiving and inspecting the returned Artwork, the Seller will issue a refund for the purchase price, excluding shipping, handling, and insurance costs. Refunds will be processed using the original payment method.
6.3 Damaged or Defective Artwork: If the Artwork arrives damaged or defective, the Buyer must notify the Seller within three days of receipt to arrange for a replacement or refund.
7. Authenticity Guarantee
Each Artwork is accompanied by an Official Certificate of Authenticity issued by the Moscoso Foundation, certifying its originality and provenance.
8. Intellectual Property Rights
The Buyer acknowledges that the purchase of the Artwork does not grant any reproduction rights or intellectual property rights. All rights remain with the artist, Luis Moscoso.
9. Limitation of Liability
To the fullest extent permitted by law, the Seller's liability for any claim related to the purchase of Artwork is limited to the purchase price paid by the Buyer. The Seller is not liable for any indirect, incidental, or consequential damages.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the state of New Jersey, United States. Any disputes arising from these Terms or the sale of Artwork will be resolved through binding arbitration in Newark, New Jersey, in accordance with the rules of the American Arbitration Association (AAA).
11. Amendments
The Seller reserves the right to amend these Terms at any time. Changes will be effective upon posting on our website and will apply to orders placed after the effective date.
12. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Moscoso Art
Email: contact@moscoso.art
411 Chesnut St, Roselle Park, NJ, USA 07204