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TERMS & CONDITIONS

Terms and Conditions of Sale

These Terms and Conditions govern all sales of goods from Victor Garduno (“Seller”) to the purchasing individual or company (“Buyer”). By placing an order, the Buyer acknowledges and accepts these terms in full.


1. Parties

“Seller” refers to Victor Garduno. “Buyer” refers to the person or entity purchasing goods. “Products” refers to all artwork described on the Seller’s website (www.victorgarduno.com).


2. Delivery

Risk of loss passes to Buyer once Products are delivered to the carrier. Delivery dates are estimates only; Seller is not liable for delays or any resulting damages. Buyer is responsible for all customs fees and any additional charges resulting from customs inspections. International Buyers must pay applicable shipping fees.


3. Warranty

Seller warrants that Products are either:
(i) Original works of art by Victor Garduno, or
(ii) Prints signed and/or embossed by the artist.

Products are sold “as is” and conform substantially to the descriptions provided on the Seller’s website.

No other warranties—express or implied, including merchantability or fitness for a particular purpose—are provided. Variations in color, tone, or appearance between different media (e.g., original painting vs. print vs. digital image) are expected, and Seller is not responsible for such differences.


4. Claims

Buyer must inspect all Products upon delivery. Any claims for damage from shipment must be submitted in writing within two (2) days of delivery, with supporting evidence. Claims will be processed solely through the shipping insurance policy. Claims submitted after two days are waived.

Any legal action related to this sale must be filed within thirty (30) days of delivery.


5. Limitation of Liability

Seller is not liable for any special, indirect, incidental, or consequential damages arising from the sale, delivery, or servicing of Products. In all cases, Seller’s maximum liability will not exceed the purchase price of the Product in question.


6. Credit

If Buyer fails to make payment or if Seller deems Buyer’s creditworthiness unsatisfactory, Seller may:

  • Require payment in advance

  • Cancel any unshipped orders

  • Apply outstanding credits toward Buyer’s debt

Seller retains a security interest in any Buyer property in Seller’s possession until all debts are paid.


7. Cancellations

Orders accepted by Seller may not be canceled by Buyer without prior written consent. If approved, Buyer must indemnify Seller against all related losses and expenses.


8. Assignment

Neither party may assign rights or obligations under this agreement without written consent, except that Seller may assign to affiliated companies, successors, or reorganized entities.


9. Entire Agreement

This document constitutes the complete agreement between Seller and Buyer. It supersedes all prior agreements or communications. No modifications are valid unless in writing and signed by Seller.


10. Governing Law

This agreement is governed by the laws of Clark County, Nevada. Any disputes must be filed exclusively in the courts of Clark County, Nevada.


11. Reproduction

Buyer agrees not to reproduce or copy any Product, except when under an authorized licensing agreement with Seller or a contracted affiliate.