1.1. MONÉ TERMS OF SALE
The website www.monegallery.com (the “Website”) is operated by Moné, an online art gallery (“Gallery,” “we,” or “our”).

1.2. EXCLUSIVELY ONLINE SERVICES
The Gallery operates exclusively as an online business, using trusted third-party services, including Stripe for payment processing and multiple shipping companies for shipping and delivery, to facilitate transactions with buyers worldwide.

1.3 AGREEMENT TO THE TERMS
By purchasing Products, engaging in transactions with the Gallery, or participating in related activities—such as viewing artwork, making inquiries, or submitting orders—you affirm that you have read, understood, and agree to be bound by these Terms. Your completion of a purchase, submission of an order, or any other action leading to a transaction constitutes your express acceptance of these Terms and serves as your electronic signature, legally binding you to this agreement.

1.4. NON-ACCEPTANCE OF TERMS
If you do not agree with these Terms, you must refrain from making a purchase, submitting an order, or otherwise interacting with the Gallery’s services.

1.5. PRIVACY POLICY ACKNOWLEDGEMENT
By engaging with the Gallery, you also consent to the processing of your personal information in accordance with our Privacy Policy.

1.6. JURISDICTION AND LANGUAGE
These Terms are governed by and will be interpreted in accordance with the laws of Saskatchewan, Canada. The Terms are presented in English and constitute the binding agreement between you and the Gallery.

1.7. CONTACT INFORMATION
For questions about these Terms or assistance with your purchase, please contact us at info@monegallery.com.

2.1 PLACING AN ORDER
Buyers may purchase artwork or items through the following formats:

Direct purchase via our online gallery platform, which includes a secure checkout process; or
Submitting an offer or initiating a purchase by contacting us directly via email (collectively referred to as "Purchase").
For commission inquiries, buyers must email the gallery to initiate the process. In this case, the gallery will provide the necessary steps and instructions to complete the transaction.

2.2 BUYER RESPONSIBILITIES
When engaging in a Purchase, you, the Buyer, agree to the following terms:

2.3 ACCURATE AND COMPLETE INFORMATION
You are required to provide accurate and complete information when checking out or placing an order through our gallery. This includes, but is not limited to, your name, contact details, payment information, and shipping address. Providing false or incomplete information may delay or prevent the processing of your order.

2.4 REVIEWING ARTWORK DETAILS
You are responsible for reviewing all available information, including artwork details (dimensions, medium, year, etc.) before making a Purchase. Unless specifically stated that a certificate of authenticity, professional valuation, or other documentation is included, we do not guarantee such supplemental information will be provided.

2.5 ARTWORK DIMENSIONS AND IMAGES
All dimensions and details are provided to the best of our knowledge and may vary slightly. Images are for reference purposes and may not perfectly reflect the artwork’s actual colour, texture, or finish due to lighting, photography, or screen settings.

2.6 FRAMES
If an artwork is framed, the frame is provided as-is and is not considered part of the artwork. While we take care to handle all items responsibly, our gallery is not liable for the condition of the frame.

2.7 BINDING ORDERS
All orders and purchases are binding and may not be modified or revoked, except with our express written consent under certain circumstances that we, at our sole discretion, deem appropriate.

2.8 PURCHASE PRICE AND ADDITIONAL FEES
If your order is accepted or you proceed with a purchase, you agree to pay the total purchase price, which includes:
(i) the agreed-upon artwork price (the “Item Price”);
(ii) any applicable taxes or duties;
(iii) shipping, packing, and insurance costs; and
(iv) any additional fees as applicable. If the artwork is shipped internationally, the buyer may be responsible for additional customs duties or fees not included in the initial total purchase price.

2.9 PAYMENT INFORMATION
We require valid payment information (such as a credit card or bank account) to secure the purchase, and, in some cases, a deposit may be required.

2.10 FINAL AND NON CANCELLABLE PURCHASES
All purchases are final and cannot be canceled by you unless expressly provided under these terms.

2.11 COMPLETION OF TRANSACTION
You will ensure that the transaction is completed in a timely manner. This includes:
(i) paying the full purchase price by the agreed payment deadline,
(ii) providing any necessary information to complete the transaction or facilitate shipping, and
(iii) not attempting to cancel a transaction for reasons not permitted under these terms.

3.1 FULL PAYMENT REQUIREMENT
Full payment is required at the time of purchase for all orders unless explicitly stated otherwise or a payment plan has been approved in writing prior to the purchase. The total purchase price, including applicable taxes, fees, and shipping charges, must be paid immediately upon order confirmation. Payments will be considered complete once funds have been successfully processed and cleared.

3.2 PAYMENT PLANS
For orders subject to a payment plan, all terms—including the payment schedule, applicable fees, and penalties for late payments—will be detailed in a separate written agreement. Art shipments will only be initiated after full payment has been received and cleared. If a payment is declined or any issue arises preventing full payment, the order will not proceed, and the buyer will be promptly notified.

3.3 PAYMENT METHODS
The Gallery uses Stripe, a secure third-party payment processor, to handle all transactions. Stripe employs advanced encryption and fraud protection to ensure the security of your financial information.
Accepted payment methods include:

• Visa
• MasterCard
• American Express
• Discover
• Carte Bancaires
• JCB
• Diners Club
• UnionPay
• Apple Pay
• Google Pay

Stripe supports multiple currencies, allowing for global transactions. All payment information is processed securely through Stripe, and the Gallery does not store or have access to your financial details. By completing a purchase, you agree to Stripe’s terms of service.

3.4 ORDER CONFIRMATION AND PROCESSING
Upon completion of an order, you will receive an email confirmation containing details of the items purchased, the total amount, shipping address, and expected delivery timeline. Please note, this confirmation serves as an acknowledgment of receipt of your order, but does not constitute acceptance of the order.
The gallery will begin processing your order only after full payment has been received and successfully verified. This process may include verifying payment details, checking for potential fraud, and confirming product availability.

3.5 ORDER CANCELLATION AND AVAILABILITY
The gallery reserves the right to cancel any order at its discretion, including but not limited to situations where payment cannot be verified, fraudulent activity is suspected, the order is placed in bad faith, or the artwork is unavailable. If an item is unavailable, the gallery will promptly notify you and offer one of the following options: a substitute item, an estimated restock date, or a full refund.

3.6 ORDER MODIFICATIONS
Once an order has been confirmed, it cannot be modified or canceled except in specific circumstances (e.g., if there is an issue with stock availability or payment processing). Any such requests will be reviewed by the gallery on a case-by-case basis.

3.7 PRICE CHANGES
Prices listed on the gallery's website are subject to change without prior notice. However, any price changes will not affect orders that have already been confirmed with a valid payment. Any applicable taxes, shipping costs, or fees will be clearly displayed during the checkout process and will be added to the total price of the order.

4.1 PRICE STRUCTURE FOR ARTWORKS
Artwork prices may be listed on the website or discussed upon inquiry. Detailed pricing, including shipping fees, applicable sales taxes, and any customs duties or import fees for international shipments, is provided to serious buyers at the appropriate stage of the purchasing process. Prices are subject to change without notice; however, once an order is confirmed, the price is fixed.

4.2 CURRENCY AND FEES
Prices will be listed in U.S. Dollars (USD) and Canadian Dollars (CAD) depending on the origin. Buyers will be responsible for any currency conversion fees or exchange rate differences that may apply.

5.1 TAXES ON SALES FOR CANADIAN ORDERS
By using our services, you acknowledge that all sales of artwork are subject to applicable sales taxes. For residents of Saskatchewan, a Goods and Services Tax (GST) of 5% will be applied to all artwork sales. Additionally, a Provincial Sales Tax (PST) of 6% will be applied. For buyers in another province, sales tax will be calculated based on the applicable rate.

5.2 TAXES ON SALES FOR INTERNATIONAL ORDERS
International buyers are not subject to GST or PST but may be responsible for customs duties, import taxes, or VAT depending on your country. These fees are not included in the price of the artwork and must be paid upon delivery. We recommend checking with your local customs office for more information.

5.3 TRANSACTIONAL TAXES
Unless exempt by law, buyers are responsible for paying any applicable taxes, duties, or levies not explicitly collected by Moné, including VAT, use tax, or import duties as required under applicable law. Unless otherwise specified, prices listed on the gallery exclude taxes. Buyers claiming tax exemption must provide valid documentation upon request, and any delays in doing so will not justify cancellation of a sale.

5.4 NO TAX ADVICE
Moné does not provide tax advice. Buyers should consult an independent tax advisor for any questions related to their purchase.

6.1 BUYER DEFAULT EVENT
In the event of a Buyer Default—defined as failure to pay the Total Purchase Price by the agreed Payment Deadline, reversal of any payment made, or failure to fulfill the terms of the transaction as outlined in this Agreement—Moné reserves the right to take appropriate action, including but not limited to:

6.2 FUTURE PURCHASE RESTRICTIONS
Moné may:
(a) Decline future purchase offers from the Buyer, or
(b) Require a non-refundable deposit or full upfront payment before accepting future transactions from the Buyer.

6.3 INTEREST ON OVERDUE PAYMENTS
Moné reserves the right to charge interest on overdue amounts from the Payment Deadline until payment is received in full. The interest rate shall be:
(a) 15% per annum, or
(b) The maximum rate permitted by applicable law, whichever is lower.

6.4 SALE CANCELLATION AND DAMAGES
Moné may cancel the sale of the artwork in the event of Buyer default. In such cases, any payments made by the Buyer may be retained as liquidated damages to cover administrative costs, lost opportunities, and other reasonable expenses incurred. Additionally, a cancellation fee of 15% of the artwork's Item Price will apply.

6.5 RESALE OF ARTWORK
If the artwork is resold at a lower price, the Buyer is responsible for covering the difference between the original purchase price and the resale price.

6.6 LEGAL PROCEEDINGS
Moné may initiate legal proceedings to recover any outstanding amounts, including the Total Purchase Price, interest, legal fees, and costs incurred.

6.7 SET-OFF RIGHTS AND RECOVERY
Moné may offset any outstanding amounts owed by the Buyer against any funds or credits that may otherwise be due to the Buyer from Moné, or use any previously provided payment methods to recover unpaid balances.

6.8 ADDITIONAL REMEDIES
Moné may take any other lawful action it deems necessary to protect its interests, including, but not limited to:
(a) Restricting the Buyer’s access to Moné services, or
(b) Notifying relevant parties of the Buyer’s default.

The Buyer agrees to these remedies without prejudice to any rights Moné may have or any other rights or remedies Moné may have at law or equity.

6.9 OWED AMOUNTS AND COLLECTION RIGHTS
You agree that Moné, on its own or on behalf of its affiliates, may collect any Owed Amounts arising from your use of the services or purchase of artwork by any of the following methods:
(a) Charging or debiting your Payment Method(s), including methods previously provided;
(b) Issuing an invoice for the Owed Amounts, payable upon receipt;
(c) Offsetting any Owed Amounts against amounts we owe you or have collected on your behalf;
(d) Reversing any payments previously made to you;
(e) Taking any other lawful action necessary to recover the Owed Amounts.

6.10 OWED AMOUNTS MAY INCLUDE
Owed Amounts may include but are not limited to:
(a) The Total Purchase Price of an artwork purchased by you;
(b) Applicable Moné fees, including transaction or processing fees;
(c) Taxes or other charges related to your use of the Services or the purchase or sale of an artwork;
(d) Amounts remitted to third parties on your behalf, such as shipping costs or artist resale royalties;
(e) Liquidated damages or other penalties for Buyer Default;
(f) Fees related to cancellations or returns;
(g) Legal fees, collection agency fees, or other costs incurred in recovering Owed Amounts.

Moné will not be liable to you for any actions taken in accordance with this section, including but not limited to, the collection of Owed Amounts, nor for any loss or damage arising from such actions.

7.1 SHIPPING COSTS AND PAYMENT
Shipping costs and any additional fees will be calculated and added at checkout or included in a custom invoice.

7.2 BUYER RESPONSIBILITIES
Buyers are responsible for all costs related to the handling and shipping of purchased artwork. This includes, but is not limited to, shipping fees, customs duties, and taxes. These costs may be reflected in the final sale price at checkout, included in a custom invoice, or required to be paid separately upon delivery, depending on the destination country's regulations.

The Buyer acknowledges that customs duties and import taxes vary by country and are determined by local authorities. As part of the Delivery Duty Unpaid (DDU) arrangement, the Buyer is responsible for paying any applicable duties and fees directly to the relevant authorities or carrier at the time of import. The exact amount of these charges may not always be known at the time of purchase.

The Buyer must ensure that all delivery information provided at the time of purchase is complete and accurate. The Gallery is not liable for any delays, additional costs, or complications resulting from incorrect or incomplete address details.

7.3 SHIPPING COSTS AND ADJUSTMENTS
Shipping fees are determined based on the artwork's size, weight, value, and destination. These fees will be disclosed at checkout or detailed in a custom invoice. Any additional costs incurred due to address modifications, inaccurate information, or other unforeseen circumstances will be the Buyer’s responsibility and will be communicated and charged accordingly.

7.4 INSURANCE AND LIABILITY
At Moné, we are committed to ensuring a smooth and secure shipping process for both Buyers and Artists. While Moné does not assume direct liability for loss, damage, or delays, we will actively assist in resolving shipping-related issues.

If an artwork arrives damaged, the Buyer must follow the claims process provided by the shipping insurance provider. If the insurance does not fully cover the value of the artwork, Moné will work closely with the Buyer to find the best solution; whether that means a replacement, restoration, or another suitable resolution.

If an artwork is lost in transit, Moné will assist in working with the Buyer to resolve the situation. A full refund may be issued, subject to the outcome of the claims process. However, if the parcel is subsequently located and delivered, the Buyer is legally obligated to repay the full purchase price of the artwork within 14 days. Failure to do so may result in legal action to recover the amount due.

7.5 INSPECTION AND ACCEPTANCE
Buyers must inspect the artwork upon receipt and notify Moné within seven (7) days of any discrepancies, damage, or concerns.
If no notification is received within this period, the artwork will be considered accepted, and the sale will be finalized.

7.6 SHIPPING PROCESS AND LOCATIONS
Shipping times may vary, as artworks are carefully dispatched from different locations based on the artist’s geographical base. Each piece is meticulously packaged by the artist to ensure its safe transit and delivered through a reputable carrier. We strive for excellence in every aspect of the process, ensuring that your artwork arrives in pristine condition.

7.7 TIMEFRAME FOR SHIPPING
Dispatch Time: Original artworks are dispatched from the Artist’s location within 7 business days of order confirmation, unless otherwise specified.
Shipping Time: Once shipped, delivery typically takes 5 to 12 business days, depending on the destination.
These timeframes are estimates and may vary based on location, customs processing, or carrier delays.

7.8 TRACKING AND COMMUNICATION
Moné will provide tracking information once the shipping label has been created. Buyers are responsible for monitoring the shipment and promptly reporting any issues.

7.9 LOCAL PICK-UP
Local pick-up may be arranged by mutual agreement between the Buyer and the Artist. The Artist will provide the agreed-upon location, and the Buyer must ensure they are available to collect the artwork.

7.10 SHIPPING DISPUTES
In the event of a shipping dispute or concerns regarding the condition of the artwork upon delivery, the Buyer must notify Moné within seven (7) days of receipt.
Moné will work with the Buyer to address and resolve the matter.

7.11 DELAYS AND ADDTIONAL COSTS
The Buyer may incur additional shipping or handling costs under the following circumstances:

Delays in paying the Total Purchase Price.
Changes to the delivery address after payment.
Failure to disclose delivery-specific factors (e.g., limited access or special handling requirements).
Failure to provide required shipping information or secure necessary permits/licenses in a timely manner.
Non-compliance with obligations under this agreement that affect the shipping process.

Moné reserves the right to adjust shipping policies as needed to ensure smooth and secure transactions.

8.1 BUYER RESPONSIBILITIES
Customs Duties and Taxes: The Buyer is solely responsible for all customs duties, import taxes, and any other charges or fees imposed by the exporting and importing countries. These charges are not included in the purchase price unless explicitly stated. As part of the Delivery Duty Unpaid (DDU) arrangement, the Buyer agrees to pay any applicable duties and taxes directly to the relevant authorities or carrier when requested. The exact amount of these fees varies by country and is determined by local customs regulations. The Gallery is not responsible for estimating or collecting these charges on behalf of the Buyer.

Import Restrictions: Buyers must ensure the purchased item complies with local import laws and restrictions, including but not limited to materials, resale regulations, or licensing requirements.

8.2 CUSTOMS AND DELIVERY
Accuracy of Information: The Buyer is responsible for providing complete and accurate shipping information, including contact details and any required documentation for customs processing, in a timely manner. The Buyer must also cooperate with customs authorities as needed to ensure timely processing. Moné shall not be held liable for any delays, issues, or costs arising from incomplete, inaccurate, or untimely information provided by the Buyer.

Permits, Licenses, and Duties: The Buyer may be responsible for any applicable customs duties, taxes, or other fees imposed by the importing country. If additional permits or licenses are required for importation, the Buyer is responsible for securing them. Any delays or refusals in meeting these requirements will not entitle the Buyer to cancel the transaction or request a refund.

Delays: Cross-border deliveries may be delayed due to customs processing, which is beyond the control of Moné, the Artist, or the shipping provider. Buyers are advised to account for potential delays when placing international orders.

8.3 RETURNED SHIPMENTS (BUYER RESPONSIBILITY)
If an Item is returned for any of the following reasons:

Incorrect or incomplete shipping information provided by the Buyer; Failure to pay applicable customs duties, taxes, or fees; Failure to secure necessary permits or licenses for importation; Failure to accept delivery; Any other reason resulting in the Item being undeliverable or returned to the Artist, The Buyer agrees to the following:

8.3.1 RETURN SHIPPING COSTS AND RESPONSIBILITIES:
The Buyer is responsible for all costs associated with a return, including:

• Return Shipping Fees.
• Customs Duties, Taxes, and Import Fees related to the return shipment.
• Damage or Loss incurred during return shipping due to improper packaging or handling.
• Restocking Fee (if applicable) for returns due to buyer’s error or change of mind.

Shipping fees are non-refundable, and the Buyer is responsible for all costs arising from a return.

8.3.2 ADDITIONAL FEES
The Buyer must cover additional charges resulting from the purchase, cancellation, or return, including; Payment processing fees, transaction fees, and currency conversion fees; Initial shipping and insurance costs.

8.3.3 RESHIPPING COSTS
If the Buyer requests the Item to be re-shipped after a return, they are responsible for all associated costs, including:

Shipping fees, insurance, customs duties, taxes, and any additional fees for the new delivery.
Any handling charges incurred during reshipment.
The Item will not be re-shipped until all fees are paid in full.

8.3.4 VOID SALE AND FORFEITURE
If the Buyer chooses not to have the Item re-shipped or fails to pay the associated fees within 30 days, the sale will be considered void. The Buyer forfeits any claim to the Item, and no refund of the Total Purchase Price will be provided.

9.1 ALL SALES ARE FINAL
All sales are final once a purchase is completed and payment is processed. No cancellations, refunds, or exchanges will be accepted, except under the conditions specified in Section 11.

9.2 ORDER CANCELLATION BY THE BUYER
If the Buyer wishes to cancel an order, they must notify Moné within 24 hours of purchase. Cancellations within this period will incur the following fees:

Transaction Fees: Covering payment gateway, credit card processing, or other associated charges.
Cancellation and Restocking Fee: A 15% fee of the Total Purchase Price for administrative costs.

After 24 hours, the purchase is non-cancellable, and no refunds will be issued.

9.3 RETURN SHIPPING AND CONDITION
If the artwork is as described and free from defects, the Buyer is responsible for:

• Return shipping fees and associated customs duties or taxes.
• Ensuring the artwork is securely packaged and returned in its original condition.

If the artwork is damaged during return shipping due to inadequate packaging, the Buyer will be responsible for additional fees or a reduced refund to cover the cost of the damage.

9.4 DAMAGED OR DEFECTIVE ITEMS
If an Item arrives damaged or defective:

The Buyer must notify Moné within 7 business days.
Moné will cover return shipping and offer a replacement, refund, or, if applicable, arrange for an art restorer to repair the artwork as necessary.

By purchasing artwork or commission from the gallery, the Buyer acknowledges and agrees that all artwork and content displayed on our platform is protected by copyright and remains the intellectual property of the artist, unless otherwise specified. The Buyer understands that the purchase of an artwork or commission grants them ownership of the physical piece but does not transfer copyright ownership or the right to reproduce, distribute, or display the artwork for commercial purposes without explicit permission from the artist.

If a Buyer becomes aware of any unauthorized use of artwork purchased through Moné, they are encouraged to report the matter directly to us. Moné will work directly with the artist to investigate any potential copyright violations and take appropriate steps to resolve the issue.

In the event that the Buyer intends to reproduce, distribute, or display the artwork for commercial purposes (e.g., creating merchandise or licensing the image), the Buyer must obtain written permission from the artist and Moné. Unauthorized reproduction, distribution, or display of purchased artwork may result in legal action.

By proceeding with the purchase, the Buyer agrees to respect the copyright and intellectual property rights of the artist and understands that violating these rights will lead to legal consequences.

11. MONÉ BUYER PROTECTION GUARANTEE
At Moné, we’re dedicated to delivering an exceptional buying experience. Our Guarantee ensures that the artworks you purchase meet your expectations, are as described, and arrive in the condition you anticipate. Should any issues arise with your artwork; whether it's misrepresented, inauthentic, damaged, or lost, we are committed to resolving the situation to your satisfaction. We will work with you to determine the most suitable solution, including a full refund, restoration, or in certain cases, a partial refund if appropriate.

11.1 ELIGIBILITY CRITERIA
To benefit from Moné’s Buyer Protection Guarantee, the following conditions must be met:

• Complete your entire transaction through Moné’s secure checkout process, ensuring all communication is handled through our gallery.
• Report any concerns to Moné within 7 days of receiving the artwork. If the concern involves authenticity, you may report it within 180 days of receipt.
• Provide photographic evidence of the issue, which should include images of the artwork, packaging, and any damage, if applicable.
• Retain all original packaging (both internal and external) in case it is needed for investigation or to process an insurance claim.

If applicable, ensure a signature is obtained upon receipt of your artwork.

You will not be covered under Moné’s Guarantee if:

• The item is returned for reasons other than damage, misrepresentation, or authenticity concerns.
• You arrange your own shipping or collection from the artist.
• The required evidence for investigating your claim is not provided within 7 days of receiving the artwork.
• You purchased the artwork through another marketplace, website, or third-party seller.

Transactions must be completed through Moné Gallery for eligibility. Purchasing outside of Moné means you forfeit all buyer protections, including refunds and support. If issues arise, Moné Gallery cannot assist with resolution or guarantee your purchase.

11.2 CLAIMS INVESTIGATION PROCESS
If an issue arises, please contact Moné’s Customer Support team at info@monegallery.com. Include your order number, a detailed description of your concern, and relevant photo evidence.

Moné will review the issue to determine if the item is significantly misrepresented or if authenticity concerns are valid. You can expect to receive a response within 1-2 business days, and we will connect with you to identify the most appropriate resolution.

11.3 GUIDELINES FOR SUBMITTING PHOTO EVIDENCE
For us to properly assess your claim, please provide clear, high-quality images or videos of the issue. When submitting photos, we recommend the following:

• Close-up images and video showing the concern in detail.
• Full images of the artwork to show overall condition.
• Images of both the interior and exterior packaging; essential for shipping-related claims.

11.4 EXTENDED AUTHENTICITY PROTECTION
In the rare case you discover that your artwork is inauthentic, Moné offers an extended protection window of 180 days from the delivery date. Our protection covers:

• Fake or fraudulent works misrepresented as being by the artist.
• Significant misrepresentations that severely impact the value of the artwork.

Note: Authenticity Protection does not apply to minor inaccuracies, such as small discrepancies in measurements, edition size, or signatures. These are not considered significant misrepresentations and are not covered under this guarantee. If you have specific concerns regarding the accuracy of the listing, we recommend contacting us directly.

11.5 RESOLUTION OPTIONS (REFUND, RESTORATION, OR REPLACEMENT)
If your artwork arrives damaged, is significantly misrepresented, or found to be inauthentic, we will evaluate the situation and determine the most cost-effective solution. Depending on the circumstances, this may involve:

• A full refund, if the item is determined to be irreparably damaged or misrepresented.
• Restoration, carried out by an approved professional, if deemed the best option for the situation.
• A replacement, if possible, if the artwork is significantly misrepresented.

11.6 SHIPPING INSURANCE AND LOSS OR DAMAGE DURING TRANSIT
At Moné, we want you to feel confident and supported throughout your art-buying experience. If your artwork arrives damaged, please follow the claims process provided by the shipping insurance provider. In the event that the insurance does not fully cover the value of the artwork, Moné will work closely with you to find the best solution; whether that means a replacement, restoration, or another suitable resolution.

If the artwork is lost in transit, Moné will assist in working with you and the shipping provider to resolve the situation. A full refund may be issued, subject to the outcome of the claims process with the shipping provider. However, if the parcel is subsequently located and delivered, the buyer is legally obligated to repay the full purchase price of the artwork. If the buyer fails to do so within 14 days of the delivery, Moné reserves the right to take appropriate legal action to recover the amount due.

11.7 RETURN POLICY FOR DEFECTIVE OR DAMAGED ARTWORKS
If the artwork qualifies for a refund due to defects or damage, you must return the artwork within 7 days of receiving the confirmation of eligibility from Moné. This 7-day window starts from the date you are notified. You are responsible for securely packaging and returning the artwork in the condition you received the artwork in. 

Failure to return the artwork within this period will result in the forfeiture of the refund, unless otherwise agreed by Moné in exceptional cases. The refund will be processed once the artwork has been received by the artist. 

12.1 CONCEPT APPROVAL
Prior to commencing work, Moné will provide a detailed concept for Buyer approval, which may include sketches, digital renderings, or written descriptions. This approved concept will serve as the basis for the final artwork. Any requests for revisions or adjustments beyond this initial approval may incur additional charges.

12.2 ARTISTIC INTEGRITY AND QUALITY ASSURANCE
Moné guarantees that all commissioned artworks and murals will be executed to the highest standards of craftsmanship, consistent with the approved concept and the Artist’s established style. Minor variations inherent to the artistic process are to be expected and do not constitute grounds for dispute.

12.3 NO REVISION POLICY
Once the artwork is completed, it will be considered final and as agreed upon in the initial concept and discussions. Any significant changes or requests for alterations beyond the agreed-upon scope will not be accommodated. Moné strives to ensure all parties are satisfied with the agreed-upon concept prior to commencing the project.

12.4 FINALITY OF SALE
All commissioned or custom artwork sales are final upon completion and delivery. Refunds or cancellations will not be permitted except in the following circumstances:

Significant deviations from the agreed-upon concept, as determined solely by Moné.
Inability to complete the project due to circumstances beyond the Artist’s control.

12.5 INSPECTION AND NOTIFICATION
The Buyer must inspect the completed artwork within seven (7) days of delivery or, for murals, immediately upon completion. Any issues or concerns must be communicated to Moné within this timeframe. Failure to notify Moné within the specified period will constitute acceptance of the work as delivered.

12.6 NON-REFUNDABLE DEPOSIT
A deposit of 50% is required to confirm commissioned or mural projects. This deposit is non-refundable and covers preliminary design, material acquisition, and administrative costs. Refunds will only be issued in the rare event of project cancellation by Moné.

12.7 SHIPPING AND INSTALLATION RESPONSIBILITIES
The Buyer is responsible for all shipping and handling fees unless explicitly stated otherwise in the agreement. For murals, the Buyer must ensure the site is prepared for installation (e.g., primed walls, clear access). Any delays or additional costs due to unprepared conditions will be the Buyer’s responsibility.

12.8 LIMITATION OF LIABILITY
Moné’s liability is strictly limited to adherence to the agreed-upon concept. Dissatisfaction based on subjective preferences or aesthetic changes after concept approval will not be considered grounds for a refund or revision. The Buyer acknowledges that the artistic process involves creative interpretation and trusts the Artist’s expertise.

12.9 COMMITMENT TO EXCELLENCE
Moné and the Artist are committed to delivering commissioned and mural artworks that exceed expectations. Our process is designed to foster open communication, ensuring the final artwork aligns with the Buyer’s vision while showcasing the Artist’s distinctive craftsmanship and style.

12.10 DISPUTE RESOLUTION
In the rare event of a disagreement regarding adherence to the agreed-upon concept, Moné will act as the sole arbitrator to determine whether the project aligns with the initial approval. Moné’s decision will be final and binding.

13.1 RESTRICTIONS ON RESALE
The Buyer agrees that any artwork purchased from Moné may not be offered for resale until the Total Purchase Price has been paid in full, and the Buyer has taken both legal ownership and physical possession of the artwork.

13.2 NOTIFICATION REQUIREMENT
Before reselling any artwork, the Buyer must notify Moné in writing of their intent to resell, including details of the proposed sale. This notification must occur at least 14 days before the intended resale.

13.3 ATTRIBUTION AND REPRESENTATION
The Buyer agrees that in any resale, the artwork must be properly attributed to the original artist, and its condition, provenance, and other relevant details must be accurately represented.

13.4 TRANSFER OF TERMS
Upon resale, the Buyer must ensure that the new purchaser agrees to abide by these same restrictions and conditions on future resales as set forth in this Agreement.

14.1 LIMITATION OF LIABILITY
Moné will not be liable for any losses, including consequential, indirect, incidental, special, exemplary, or punitive damages, whether arising from breach of contract, tort (including negligence), or any other legal theory, even if such losses arise directly or indirectly in connection with these Terms. Any liability, if applicable, will be limited to the purchase price of the relevant product and will only cover losses that were reasonably foreseeable at the time your order was accepted. Losses are considered foreseeable if they could have been anticipated by both you and Moné at the time of purchase. Moné’s liability for any loss or damage will be reduced or limited to the extent, if any, that you caused or contributed to the loss or damage.

14.2 UNAUTHORIZED PAYMENT METHOD USE
Moné will not be held responsible for any losses or damages resulting from the unauthorized use of your payment method during the checkout process. It is your responsibility to notify your payment provider and relevant authorities in such cases.

14.3 OPPORTUNITY TO REMEDY
Before you undertake any action to resolve an issue for which Moné may be liable, you must provide Moné with a reasonable opportunity to address the matter and offer a remedy.

14.4 FORCE MAJEURE
Moné will not be held responsible for delays or failures in performance due to events beyond its reasonable control, including, but not limited to, natural disasters, strikes, pandemics, war, governmental actions, or any other unforeseen circumstances. In such events, the Buyer’s transaction may be delayed or canceled. If this occurs, Moné will offer the Buyer a full refund or provide an alternative solution in the Buyer’s best interest.

The Website and all intellectual property rights associated with it, including but not limited to its content, artworks, and any other materials, are owned or licensed by Moné and the respective artists represented in the gallery. Nothing in these Terms grants you any rights to the Website or the artworks, other than those necessary to access and view the Website for personal, non-commercial use. Any use of the checkout or Website for purposes other than your personal, non-commercial use is strictly prohibited.

You further acknowledge that any other use of the materials, artworks, or content from the Website is prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works from such materials, artworks, or content, unless authorized by Moné or the respective artist.

16.1 GOOD FAITH NEGOTIATIONS
Any disputes or claims between you and Moné that arise out of or in connection with these Terms of Use, including issues regarding artwork purchases or related services, will first be addressed through informal good-faith negotiations. Both parties agree to attempt to resolve any dispute amicably through communication and discussion before resorting to further legal processes.

16.2 SMALL CLAIMS COURT
If the dispute is not resolved through good-faith negotiations, either party may bring the dispute to Small Claims Court in Saskatoon, Saskatchewan, Canada provided the dispute falls within the monetary jurisdiction and limits set by the court.

16.3 INDIVIDUAL CLAIMS
Any claims or disputes between you and Moné will be handled solely between the named parties and not as part of any class, consolidated, or representative action unless agreed upon in writing by both parties following the initiation of the dispute.

16.4 LIMITATION OF CLASS ACTIONS
You agree that any dispute resolution proceedings will be conducted on an individual basis, and not as part of a class, representative, or private attorney general action. This provision does not preclude your participation in a class action filed before the date of this agreement, nor does it apply to the extent such waiver is prohibited by law.

16.5 GOVERNING LAW AND VENUE
This agreement, including any disputes arising from it, will be governed by the laws of Saskatchewan, Canada, without regard to any conflicts of law. If applicable, consumer protection laws of the Buyer’s jurisdiction will take precedence.

16.6 EQUITABLE RELIEF
Moné retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or other proprietary interests, notwithstanding the dispute resolution process.

16.7 WAIVER OF JURY TRIAL
By agreeing to these Terms of Use, you and Moné waive any right to a jury trial for any claims arising out of or relating to these Terms of Use or any dispute between the parties.

16.8 LIMITATION OF ACTIONS
Any claim arising from this agreement must be filed within one (1) year after the cause of action accrues, or it will be permanently barred, unless otherwise required by law.

17.1 COMMUNICATIONS
All communications will be conducted in English and electronically, either via email or other electronic posting methods.

17.2 AMENDMENT OF TERMS
Moné reserves the right to amend or modify these Terms of Sale at any time. Any changes will take effect upon being posted on the Website or at checkout and will apply to all future transactions. Orders placed before such modifications will remain subject to the Terms in effect at the time of purchase. By continuing to use the Website or complete transactions after any amendments are posted, the Buyer acknowledges and agrees to be bound by the updated Terms of Sale.

17.3 WAIVER
Any failure by either party to exercise or enforce any right or provision of these Terms does not constitute a waiver, meaning the right or provision can be enforced at a later time.

17.4 ASSIGNMENT
These Terms, or any part thereof, may be assigned by Moné to a third party without your consent. However, this assignment will not affect your rights or obligations. A person who is not a party to these Terms shall have no right to enforce any part of these Terms, except where explicitly stated otherwise.

17.5 DISCLOSURE OF INFORMATION
Moné reserves the right to process and, where necessary, disclose any information related to your Order, as required by applicable law, regulation, legal process, or governmental request. This may include (i) satisfying legal or regulatory requirements; (ii) enforcing these Terms; (iii) preventing fraud, security issues, or other technical concerns; (iv) supporting customer requests; or (v) protecting Moné’s legitimate interests. Buyers have the right to request access, correction, or deletion of their personal data by contacting Moné at info@monegallery.com.

17.6 THIRD-PARTY LINKS
The Website and/or checkout may contain links to third-party websites or services that are not controlled by Moné. Moné is not responsible for and assumes no liability for the content, privacy policies, or practices of third-party websites. You are solely responsible for your interactions with these websites and release Moné from any liability arising from your use of third-party websites. You are encouraged to read the terms and conditions and privacy policies of any third-party websites you visit.

17.7 ENTIRE AGREEMENT
These Terms represent the entire agreement regarding the subject matter of your Order. The contract regarding any Orders is between you and Moné, or an affiliate acting on Moné’s behalf.

17.8 SEVERABILITY
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will be deemed severable, and the remaining provisions will continue in full force and effect. If any provision is deemed unenforceable, you agree to replace it with a lawful provision that reflects the original intent of the parties as closely as possible.

17.9 CONTACT INFORMATION
If you have any questions or concerns about Moné or require assistance with your Order, the Website, or these Terms, please reach out to Moné Customer Service at info@monegallery.com.