01 — ACCEPTANCE OF THESE TERMS

By accessing or using this website, you agree to these Terms & Conditions.

These Terms apply to website visitors, customers, and clients purchasing artwork or engaging DAVIA for commissioned work.

These Terms should be read together with:

• Store Policies

• Privacy Policy

• Any specific terms agreed upon for a commission or other service

If you do not agree with these Terms, please do not use the website or place an order.

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02 — USING THE WEBSITE

The DAVIA website is provided for lawful purposes.

You agree not to:

• Use the website for fraudulent or unlawful activities.

• Attempt to interfere with or damage the website.

• Gain unauthorized access to website systems or accounts.

• Copy or commercially use DAVIA's content without permission.

• Reproduce or commercially exploit artwork without permission.

• Use automated tools to copy or collect website content without authorization.

• Provide false or misleading information.

• Upload malicious software or harmful material.

• Use the website in a way that could harm DAVIA or other users.

We may restrict or suspend access to the website where reasonably necessary to protect the website, our business, or our users.

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03 — ARTWORK & PRODUCT INFORMATION

We make reasonable efforts to ensure that artwork descriptions, photographs, dimensions, materials, prices, and availability are presented accurately.

However, original artwork is handmade and naturally contains variations.

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Colour

Colours may appear slightly different depending on your screen, device, lighting, or display settings.

For this reason, photographs should be considered a representation of the artwork rather than a guarantee that colours will appear exactly the same in person.

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Handmade Characteristics

Variations in:

• Texture

• Brushwork

• Colour

• Surface finish

• Material appearance

may be part of the character of an original artwork.

Any significant condition issues or notable imperfections will be identified in the artwork listing where applicable.

If you have questions about an artwork before purchasing, please contact us.

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04 — PRICES & AVAILABILITY

Artwork prices and availability are displayed on the website and may change from time to time.

Because original artworks are generally one-of-a-kind, availability is not guaranteed until an order has been accepted.

Adding an artwork to a cart or submitting an inquiry does not necessarily reserve the artwork.

We reserve the right to correct genuine pricing, description, or listing errors.

If an error affects an order that has already been paid for, we will contact you and provide the appropriate resolution, including a refund where applicable.

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05 — ORDERS & PURCHASES

When you place an order, you are making a request to purchase the selected artwork.

An order is accepted when:

We may decline or cancel an order where reasonably necessary, including where:

• The artwork is no longer available.

• A genuine listing or pricing error has occurred.

• Payment cannot be completed or verified.

• There is reasonable concern about fraudulent activity.

• Required information has not been provided.

• The order cannot reasonably be fulfilled.

If an order is cancelled after payment has been received, any applicable refund will be handled according to the Store Policies and applicable law.

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06 — PAYMENT

Payment must be successfully completed before an artwork is prepared for delivery or shipment unless another arrangement has been agreed in writing.

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Accepted Payment Methods

Payment methods: PayPal & Credit/Debit card

Payment providers may have their own terms and conditions.

By submitting payment information, you confirm that you are authorized to use the payment method provided.

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Taxes & Additional Charges

Prices may or may not include applicable taxes, customs charges, delivery fees, or other costs depending on the order.

Additional charges:

For international orders, customers may be responsible for applicable customs duties, import taxes, or other charges imposed by the destination country.

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07 — SHIPPING & DELIVERY

Shipping and delivery are governed by the Store Policies.

The available shipping option and estimated delivery timeframe will depend on the destination and shipping method selected.

Please review the Store Policies before completing your purchase.

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Delivery Estimates

Standard shipping:

Local orders: 1-7 business days 

International orders: 3-5 business days

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Delivery may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, weather, holidays, or other transportation disruptions.

Customers are responsible for providing accurate shipping information.

For international orders, customers are responsible for applicable customs duties, import taxes, and related charges.

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08 — RETURNS, REFUNDS & CANCELLATIONS

 

All Sales Are Final

All purchases are final, except where an artwork qualifies under the Store Policies for a damaged or defective order.

DAVIA does not accept returns or exchanges due to:

• Change of mind

• Personal preference

• No longer wanting the artwork

• Selecting the wrong size

• Selecting the wrong format

• Selecting the wrong artwork

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Prints Made to Order

Prints are made to order specifically for the customer.

Because prints are produced after an order is placed, they cannot be returned or exchanged due to a change of mind, incorrect selection, or personal preference.

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Order Cancellations & Modifications

Once an order has been placed, it cannot be cancelled or modified.

Customers should carefully review their order before completing the purchase.

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Damaged or Defective Artwork

If artwork arrives damaged or defective, the customer must contact DAVIA within the timeframe stated in the Store Policies.

DAVIA may request photographs or other information necessary to assess the issue.

Where a claim is approved, the available resolution will be determined in accordance with the Store Policies and applicable law.

For complete details, please see the Store Policies.

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09 — COMMISSIONED ARTWORK

Commissioned artwork is subject to these Terms together with the specific details agreed between the client and DAVIA.

Before work begins, the client may be asked to confirm details such as:

• Artwork concept

• Size

• Materials

• Reference images

• Price

• Payment terms

• Estimated completion timeframe

• Delivery arrangements

The specific terms agreed for a commission will form part of the agreement between the client and DAVIA.

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Changes to a Commission

Once a commission has been approved and work has begun, significant changes to the original concept may result in:

• Additional charges

• An extended completion time

• Changes to the final artwork

Any additional charges will be communicated before the additional work is undertaken where reasonably possible.

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please review the store polices page for more information.

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10 — OWNERSHIP & COPYRIGHT

Purchasing an original artwork gives the purchaser ownership of the physical artwork unless otherwise agreed.

Purchasing the physical artwork does not automatically transfer copyright or other intellectual property rights.

Unless otherwise agreed in writing, applicable copyright remains with the artist.

This means the purchaser may not reproduce, commercially exploit, license, distribute, or create commercial copies of the artwork without permission.

This includes reproductions such as:

• Prints

• Merchandise

• Digital reproductions

• Commercial advertising

• Product packaging

• Other commercial uses

Requests for licensing or commercial use

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11 — COMMISSION COPYRIGHT & REPRODUCTION

Unless otherwise agreed in writing, commissioning and paying for an artwork does not automatically transfer the artist's copyright.

The client receives the physical commissioned artwork according to the agreed terms.

Any separate copyright transfer, commercial license, reproduction rights, or other intellectual-property arrangement must be agreed in writing.

This distinction allows the artist to retain appropriate rights in the artwork while the client owns the physical piece they commissioned. 

Out of respect for our commission clients, DAVIA will not reproduce a commissioned artwork as an art print for sale to other customers.

This means that the specific commissioned piece will not later be made available as a standard DAVIA print for other customers to purchase.

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12 — DAVIA'S USE OF ARTWORK

DAVIA may photograph completed artwork for portfolio, archival, website, social media, promotional, or marketing purposes, subject to any specific privacy agreement made with a client.

For commissioned artwork, clients who require their artwork to remain private should discuss this with DAVIA before the commission begins.

Any agreed confidentiality or private-commission arrangement should be confirmed in writing.

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13 — INTELLECTUAL PROPERTY

Unless otherwise stated, content appearing on the DAVIA website belongs to DAVIA, the artist, or the relevant rights holder.

This may include:

• Artwork

• Artwork photographs

• DAVIA branding

• Logos

• Written content

• Graphics

• Illustrations

• Website design

• Marketing materials

• Original creative content

You may not reproduce, modify, distribute, sell, or commercially use this content without appropriate permission.

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14 — CUSTOMER-SUBMITTED CONTENT

You may provide content to DAVIA, including:

• Reviews

• Testimonials

• Photographs

• Messages

• Commission references

• Other materials

By submitting content, you confirm that you have the right to provide it and that doing so does not knowingly violate another person's rights.

If you provide reference photographs or other materials for a commission, you are responsible for ensuring that you have permission to provide them for that purpose.

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Reviews & Testimonials

If you voluntarily submit a review or testimonial, DAVIA may use it for promotional or website purposes where permitted.

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15 — THIRD-PARTY SERVICES & LINKS

The website may use or link to third-party services, including services involved in payment processing, shipping, website functionality, communications, or other services.

Third-party providers operate independently and may have their own terms and privacy policies.

DAVIA is not responsible for the independent practices, content, availability, or policies of third-party websites or services.

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16 — WEBSITE AVAILABILITY

We make reasonable efforts to keep the website available and functioning properly.

However, we cannot guarantee that the website will always be:

• Available

• Error-free

• Uninterrupted

• Completely current

• Free from technical problems

Website availability may be affected by maintenance, technical problems, service-provider issues, or circumstances outside our reasonable control.

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17 — LIMITATION OF LIABILITY

To the extent permitted by applicable law, DAVIA will not be responsible for losses resulting from circumstances outside our reasonable control.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Nothing in these Terms is intended to remove any consumer protection or other legal right that cannot legally be excluded.

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18 — YOUR RESPONSIBILITY

You are responsible for your use of the website and for complying with these Terms.

To the extent permitted by applicable law, you may be responsible for losses or claims arising from your:

• Violation of these Terms

• Unlawful use of the website

• Unauthorized use of DAVIA's intellectual property

• Fraudulent activity

• Misuse of the website

• Violation of another person's rights

This does not apply where applicable law prevents such responsibility from being imposed.

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19 — PRIVACY

Your use of the website is also subject to our Privacy Policy.

The Privacy Policy explains how personal information may be collected and used when you interact with DAVIA.

 

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20 — CHANGES TO THESE TERMS

These Terms may be updated from time to time to reflect changes to the website, business, services, or applicable legal requirements.

When changes are made, the updated Terms will be posted on this page with a new Last Updated date.

For purchases that have already been completed, the Terms applicable to that transaction will be considered together with the terms that applied when the purchase was made and any applicable law.

Last updated: Aug 23, 2026

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21 — GOVERNING LAW

These Terms are intended to be governed by the laws of:

Jurisdiction: Jamaica

Any dispute will be handled in accordance with the applicable laws and courts of Jamaica, unless applicable law requires otherwise.

Nothing in this section prevents a customer from exercising mandatory rights or remedies available under applicable law.

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22 — IF PART OF THESE TERMS IS INVALID

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

These Terms, together with the Store Policies, Privacy Policy, and any specific written agreement applicable to a commission or other service, form the terms governing your relationship with DAVIA.

If a specific written agreement for a commission conflicts with these general Terms, the specific agreement will apply to the extent of that conflict.