Terms of Service

Last updated: 2026/10/20

Overview

This website is operated by Dearly Painted. Throughout the Site, the terms “we,” “us,” and “our” refer to Dearly Painted.

Dearly Painted provides this website, including all information, products, tools and services available through https://dearlypainted.com (the “Site”), subject to your acceptance of these Terms of Service (“Terms”).

By visiting the Site, submitting an artwork request or purchasing a product from us, you agree to these Terms and to the policies referenced on the Site, including our Privacy Policy, Shipping Policy and Refund Policy.

Please read these Terms carefully before using the Site. If you do not agree with them, you should not access the Site or use our services.

Our online store is hosted by Shopify, which provides the e-commerce platform through which we sell our products and services.

1. Online Store Eligibility

By using the Site, you confirm that you are at least the age of majority in your place of residence or have permission from a parent or legal guardian.

You may not use the Site or our products for any illegal or unauthorised purpose or violate applicable laws, including copyright, trademark and privacy laws.

You must not upload malicious code, viruses or other content intended to interfere with the Site.

We may suspend or terminate access to the Site if these Terms are violated.

2. Our Artwork

Dearly Painted offers original designs and made-to-order, hand-painted artwork.

Each painting is individually created by an artist. Natural differences in brushwork, texture, colour blending and composition are part of the handmade character of the artwork and do not normally constitute defects.

Images displayed on the Site are intended to represent the artwork as accurately as reasonably possible. However:

Colours may vary between screens and physical artwork.
Lighting may affect how colours and textures appear.
Brushwork and texture may differ slightly between paintings.
Minor variations may occur during stretching, framing and finishing.
Dimensions may vary slightly due to the handmade production process.

We cannot guarantee that every hand-painted artwork will be an exact photographic duplicate of the image shown online.

3. Sizes, Orientation and Composition

Customers are responsible for reviewing the selected artwork size, orientation and frame option before placing an order.

When an artwork is offered in multiple proportions, the composition may be thoughtfully adjusted to fit the selected canvas dimensions while preserving the overall character of the original design.

Product dimensions generally refer to the artwork or canvas size unless the product page states otherwise. The external dimensions of a framed artwork will be larger than the selected canvas size.

Because our products are handmade, small dimensional tolerances may occur.

4. Made-to-Order and Custom Artwork

An artwork may be considered customised when it includes customer-requested:

Dimensions
Colours
Orientation
Composition changes
Personalisation
Reference photographs
Design modifications
Special framing or finishing requirements

Production may begin after payment and, where applicable, after the artwork requirements have been confirmed.

Once production has started, requested changes may result in additional costs or delays. We may decline changes that cannot reasonably be completed without restarting the artwork.

Custom and personalised artwork cannot normally be cancelled or returned simply because the customer changes their mind. This does not affect the customer’s rights if an item arrives damaged, defective or materially different from the confirmed order specifications.

Please review our Refund Policy before placing a custom order.

5. Artwork Previews and Approval

Where an artwork preview is included, we may send photographs or videos of the completed painting before shipment.

The customer should review the preview and respond within the period stated in our message. Reasonable revision requests that are consistent with the original order may be considered.

Requests that substantially change the original subject, composition, colours or instructions may require an additional fee.

Approval of a preview confirms that the customer accepts the visible composition, colour direction and overall appearance of the artwork, subject to reasonable differences caused by photography, lighting and screen display.

If the customer does not respond after reasonable reminders, we may proceed with shipment or place the order on hold.

6. Uploaded Images and Customer Content

If you upload or send photographs, artwork, illustrations or other reference materials, you confirm that:

You own the content or have permission to use it.
Our use of the content to fulfil your request will not violate another person’s rights.
The content does not infringe copyright, trademark, privacy, publicity or other legal rights.
The content is not unlawful, abusive, threatening or otherwise prohibited.

You grant Dearly Painted and its production partners a limited licence to use the submitted content only as reasonably necessary to prepare a quotation, produce the artwork, communicate with you and fulfil the order.

Uploading an image does not transfer ownership of that image to Dearly Painted.

We will not use customer photographs, custom artwork or personal reference images in advertising, social media or our portfolio without permission.

We may reject requests involving content that appears unlawful, infringing, hateful, exploitative or otherwise inappropriate.

7. Intellectual Property

Unless otherwise stated, the Site and its content—including artwork designs, product photographs, text, graphics, logos, videos and website elements—belong to Dearly Painted or are used with permission.

Purchasing an artwork transfers ownership of the physical item only. It does not automatically transfer copyright, reproduction rights, commercial licensing rights or ownership of the underlying design.

You may not reproduce, manufacture, distribute, sell, commercially exploit or create derivative products from our artwork or Site content without written permission.

8. Prices and Payment

Product prices are displayed in the currency shown on the Site. Currency conversions displayed by payment providers or banks may vary.

Prices may change without notice. A price change will not normally affect an order that has already been accepted and paid for, except where there is an obvious pricing or technical error.

You are responsible for providing accurate billing, shipping and payment information.

Payment must be successfully completed before production begins unless we agree otherwise in writing.

Your bank, card issuer or payment provider may charge additional currency conversion or processing fees. These fees are not controlled by Dearly Painted.

9. Orders and Cancellations

We reserve the right to accept, reject or cancel an order when reasonably necessary, including in cases involving:

Incorrect pricing or product information
Payment failure
Suspected fraud
Unavailable materials
Unsupported artwork requests
Delivery restrictions
Suspected intellectual property infringement
Orders placed for unauthorised resale

If we cancel a paid order before production or shipment, we will refund the applicable amount to the original payment method.

Customers should contact us as soon as possible if they need to request a change or cancellation. Because artwork is produced to order, cancellation may no longer be possible once production has started.

10. Shipping and Delivery

Production and delivery estimates are provided in good faith but are not guaranteed delivery dates.

International orders may be affected by:

Customs inspections
Carrier delays
Weather
Public holidays
Remote-area delivery
Incorrect address information
Events outside our reasonable control

Customers are responsible for providing a complete and accurate delivery address and for responding to carrier communications.

Additional costs caused by an incorrect address, refused delivery, failed delivery attempts or failure to collect a shipment may be charged to the customer where permitted by law.

Import duties, taxes and customs fees will be handled according to the terms shown on the Site or during checkout. Customers should review our Shipping Policy for details.

Risk of loss and legal ownership will transfer as required by applicable consumer law and the selected delivery arrangement.

11. Damaged or Incorrect Orders

Customers should inspect the package and artwork promptly after delivery.

If an artwork arrives damaged, defective or materially different from the order, please contact us promptly and provide:

The order number
Clear photographs of the artwork
Photographs of the outer packaging
Photographs of the internal protective materials
A photograph of the shipping label
A description of the issue

Please keep all packaging until the claim has been resolved.

Eligible damaged or incorrect items may be repaired, replaced or refunded in accordance with our Refund Policy and applicable law.

12. Returns and Refunds

Returns, exchanges, cancellations and refunds are governed by our Refund Policy.

Unless required by law, customer-requested custom artwork may not be eligible for return once safely delivered because it has been created specifically for that customer and may not be resalable.

Nothing in these Terms limits any mandatory consumer rights that apply in the customer’s jurisdiction.

13. Accuracy of Information

We make reasonable efforts to keep product descriptions, prices, dimensions, availability and other Site information accurate.

Occasionally, information may contain typographical, technical or pricing errors. We may correct these errors and, where legally permitted, modify or cancel an affected order.

Historical or general information on the Site is provided for reference and may not always be current.

14. Optional Tools and Third-Party Services

The Site may provide access to third-party services such as Shopify, payment processors, WhatsApp, analytics services and shipping providers.

These services may be governed by their own terms and privacy policies. We do not control all aspects of third-party services and are not responsible for their independent actions, except where applicable law provides otherwise.

15. Third-Party Links

The Site may contain links to third-party websites. These links are provided for convenience and do not necessarily represent our endorsement.

We are not responsible for the content, products, security or privacy practices of third-party websites. Please review their policies before using them or providing personal information.

16. Reviews, Feedback and Submissions

If you submit a product review, testimonial, suggestion or other non-confidential feedback, you grant us permission to display, reproduce and use it for operating and promoting our business.

This permission does not automatically apply to private reference photographs or custom artwork images. We will request permission before using those materials publicly.

Submitted content must be truthful and must not infringe the rights of others or contain unlawful, misleading, abusive or malicious material.

We may remove content that violates these Terms.

17. Personal Information

Our collection and use of personal information are governed by our Privacy Policy.

18. Prohibited Uses

You may not use the Site:

For unlawful or fraudulent purposes
To infringe intellectual property or privacy rights
To submit false or misleading information
To harass, threaten or discriminate against others
To upload viruses or malicious code
To collect personal information without permission
To scrape, copy or reproduce Site content without authorisation
To interfere with Site security or operation
To place orders using unauthorised payment information
To obtain artwork for unauthorised reproduction or resale

We may restrict access or cancel orders associated with prohibited conduct.

19. Disclaimer of Warranties

We aim to provide an accurate and reliable Site, but we do not guarantee that access will always be uninterrupted, secure or error-free.

Except for warranties expressly stated by us or required by applicable law, the Site and its services are provided on an “as available” basis.

Nothing in these Terms excludes warranties, guarantees or consumer protections that cannot legally be excluded.

20. Limitation of Liability

To the maximum extent permitted by law, Dearly Painted and its service providers will not be liable for indirect, incidental, special or consequential losses arising from use of the Site or our products.

Where liability cannot legally be excluded, our liability will be limited only to the extent permitted by applicable law.

Nothing in these Terms excludes liability for fraud, wilful misconduct, personal injury caused by negligence or any liability that cannot legally be limited.

21. Indemnification

To the extent permitted by law, you agree to indemnify Dearly Painted against third-party claims arising from:

Your unlawful use of the Site
Your violation of these Terms
Materials you upload without the required rights or permission
Your infringement of another person’s intellectual property or privacy rights

22. Force Majeure

We will not be responsible for delays or failures caused by events outside our reasonable control, including natural disasters, severe weather, war, labour disputes, government restrictions, customs delays, transportation disruption, epidemics, carrier failures or interruptions to communication systems.

We will make reasonable efforts to communicate with affected customers and complete or resolve affected orders.

23. Severability

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue in effect.

24. Termination

These Terms remain effective while you use the Site.

We may suspend or terminate access when we reasonably believe a user has violated these Terms, acted unlawfully or created a security risk.

Obligations arising before termination—including payment, intellectual property and liability obligations—will survive termination where applicable.

25. Entire Agreement

These Terms and the policies referenced on the Site constitute the agreement between you and Dearly Painted regarding your use of the Site and purchase of our products.

Any failure by us to enforce a provision does not waive our right to enforce it later.

26. Governing Law

These Terms and any separate agreement through which we provide products or services will be governed by the laws, without limiting any mandatory consumer protections that apply in the customer’s place of residence.

27. Changes to These Terms

We may update these Terms to reflect changes to our products, services, business practices or legal obligations.

The updated version will be posted on this page with a revised “Last updated” date. Continued use of the Site after an update constitutes acceptance of the revised Terms, to the extent permitted by law.