Terms of Sale & Use

This site is operated by ArtPics Inc., 55 West 14th Street, Office 5B, New York, NY 10011, United States. You can reach us at info@artpicscards.com.

ArtPics is the seller of the cards offered here. We take title to each card and sell it to you directly. Artists are compensated by us; you are buying from ArtPics, not from the artist.

You must be at least 18 years old and able to form a binding contract to buy from this site. By ordering, you represent that you are.

You must provide accurate, current and complete information at checkout, including a deliverable address and a phone number the carrier can reach you on.

Every card offered here is a one-of-one original work of art on a trading-card format, encapsulated in a protective holder. Once a card sells, it is gone; we cannot produce another.

Cards measure approximately 2.5 × 3.5 inches (6.35 × 8.89 cm). Because each is handmade, minor variation in surface, edge and finish is inherent to the work and is not a defect.

Photography is taken as accurately as we can manage, but screens differ. Colour, gloss and texture on your display may not match the physical card exactly, and that difference is not a basis for a claim.

We represent that each card sold here is an original work created by the artist named on the listing, and that it is the specific physical item shown in the listing photograph.

Where a card carries a third-party grading or authentication label (for example a CGC serial number), that certification is issued by that third party, not by us. We pass on what the certifier stated. We do not independently guarantee a grader's opinion, and we are not responsible for a certifier's error.

We make no representation about future value, investment merit, resale price or collectibility. Art is not an investment product, and nothing on this site is a prediction or promise about what a card will be worth.

If you believe a card you received is not authentic, contact us within 30 days of delivery with the order number and supporting detail. We will investigate in good faith. This is our authenticity commitment; it is separate from the returns policy in section 8.

Prices are in US dollars and may change at any time before you complete an order. The price that applies is the one shown when your payment is submitted.

Listings can contain errors. If a card is listed at an obviously incorrect price, described incorrectly, or is unavailable, we may cancel the order and refund you in full, even after you have received a confirmation. A confirmation email acknowledges your order; it is not our acceptance of it.

We may limit or refuse any order, including orders that appear to be for resale, that fail our fraud screening, or that come from a person or place we cannot lawfully sell to.

Because every card is unique, starting checkout places a short hold on that card so nobody else can buy it while you pay. If you do not complete payment before the hold expires, the card is released and becomes available again. A hold is not a purchase and does not guarantee availability.

Your order is accepted, and a contract of sale is formed, only when we successfully charge your payment method and send you an order confirmation.

Payments are processed by Stripe. Your card details are entered directly into Stripe and never reach our servers; we do not see, store or have access to your full card number.

You represent that you are authorised to use the payment method you provide. Charges will appear on your statement as ARTPICS CARDS.

Sales tax is not currently collected on these sales. If a taxing authority later determines tax was due, we may collect it as required by law. You are responsible for any tax you owe on your own account.

**All sales are final.** Every card is one of a kind. If you have any customer service issue, reach out to us at info@artpicscards.com.

If we cancel your order under section 5, you are refunded in full.

Nothing in this section limits a right that the law where you live does not allow to be limited.

Domestic US orders ship via FedEx at a flat rate. International orders are quoted live at checkout for the service you choose. Delivery estimates are estimates, not guarantees, and we are not responsible for carrier delays.

Risk of loss passes to you on delivery by the carrier to the address you provided. If you give us an incorrect or undeliverable address, we are not responsible for a card that is lost as a result.

**Import duties, VAT, GST and customs charges are not included in what you pay us.** Your country may charge them, FedEx typically collects them from you on delivery, and they are your responsibility. We cannot estimate them, and we will not mark a shipment as a gift or understate its value.

Some cards may be collected in person at a show. A pickup order has no shipping charge and nothing is posted to you; bring your confirmation email.

Buying a card transfers ownership of that one physical object. It does not transfer copyright or any reproduction right. The artist retains all copyright in the underlying artwork.

You may resell, gift or display the physical card you own. You may not reproduce, photograph for commercial use, print, merchandise, mint, tokenise, or make derivative works from the artwork without the copyright holder's written permission.

The ArtPics name, logo, site design, photography and text are ours or our licensors', and may not be copied or used without permission.

If you believe material on this site infringes your rights, contact us at the address in section 1 with enough detail to identify the work and your claim, and we will respond promptly.

You agree not to:

Except for the specific representations we make in section 4, the site and everything on it is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory.

To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the site will be uninterrupted, secure, error-free, or that any defect will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent permitted.

**To the fullest extent permitted by law, our total liability to you for any claim arising out of or relating to these Terms, the site, or any card you buy, will not exceed the amount you actually paid us for the card giving rise to the claim.**

We will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost opportunity, or loss of goodwill, whether or not we were advised such damages were possible.

These limits apply regardless of the legal theory - contract, tort, negligence, strict liability or otherwise - and survive any failure of an essential purpose of a limited remedy.

Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

**Please read this section carefully. It affects your legal rights, including your right to go to court and to bring a class action.**

**Talk to us first.** Before starting any formal proceeding, you agree to contact us at the address in section 1 and describe the dispute, and to give us 60 days to try to resolve it informally. Most problems are solved this way. We agree to do the same before bringing any claim against you.

**Arbitration.** If we cannot resolve it, you and ArtPics agree that any dispute arising out of or relating to these Terms, the site, or any card purchased here will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be held in New York County, New York, or by telephone or video, or on documents alone, at your election. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

**Class action waiver.** You and ArtPics agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this paragraph is found unenforceable, the whole of this section 14 is void.

**Jury trial waiver.** You and ArtPics each waive any right to a jury trial for any dispute covered by this section.

**What is not covered.** Either of us may bring an individual claim in small claims court if it qualifies. Either of us may seek injunctive relief in court to stop infringement or misuse of intellectual property.

**Your right to opt out.** You may opt out of this entire section 14 by emailing us at the address in section 1 within **30 days** of your first purchase, stating your name, order number, and that you are opting out of arbitration. Opting out costs you nothing, does not affect your purchase, and does not affect any other part of these Terms.

Where you are a consumer in a country whose law prevents an agreement like this from binding you, this section applies only to the extent that law allows.

You agree to indemnify and hold harmless ArtPics Inc., its officers, directors, employees, contractors and the artists whose work we sell, from any claim, loss, liability or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the site, your infringement of anyone's rights, or your violation of any law.

We may update these Terms. The version in force is the one published here when you place your order, and the date at the top tells you when it last changed. Continued use after a change means you accept the updated Terms.

If any provision is held unenforceable, it is severed and the rest stays in force - except as stated in the class action waiver in section 14.

Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.

We are not liable for any failure or delay caused by events beyond our reasonable control, including carrier failure, natural disaster, war, labour action, or the failure of a payment or hosting provider.

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. Subject to section 14, the state and federal courts located in New York County, New York have exclusive jurisdiction.

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the site and your purchase, and supersede any earlier version.

Security matters to us and to you, so it is worth being explicit about what a real message from us looks like.

**ArtPics will never:**

• ask you for your full card number, CVV, PIN, or your banking password - by email, phone, text or any other channel
• ask you to pay by gift card, wire transfer, cryptocurrency, or a payment app
• send you a link to "re-enter" or "verify" your payment details after a purchase
• ask for your password, or for a login code sent to your phone
• contact you from a domain other than artpicsdrops.com or artpicscards.com

If you receive a message that does any of those things, it is not from us. Do not click it, do not reply to it, and forward it to info@artpicscards.com.

Genuine email from us comes from info@artpicscards.com. Our store is at artpicsdrops.com - a site at any other address that looks like ours is not ours.

All real payments happen inside Stripe's secure form on this site. We never take payment over the phone or by email.