Kirby Art Productions
Terms of Sale and Refund Policy

Effective Date: November 9, 2025

Company: Kirby Art Productions

Phone: (770) 866-7256

Mailing Address: 1635 Old 41 Hwy, Suite 112-237, Kennesaw, GA 30152, USA

1. Scope and Acceptance

These Terms of Sale (“Terms”) govern all transactions between Kirby Art Productions (“Seller,” “we,” or “our”) and the purchaser (“Buyer,” “you,” or “your”) of original artworks, prints, digital art, or commissioned works (“Products”). By purchasing, you agree to these Terms and all applicable domestic and international laws.

2. Pricing and Payment

All prices are in U.S. dollars unless stated otherwise. Prices exclude taxes, customs duties, and shipping. Payment is due upon order unless otherwise agreed. Accepted methods include major credit/debit cards, PayPal, Zelle, or wire transfer.

3. Delivery and Risk of Loss

Title and risk of loss pass to Buyer upon shipment. Kirby Art Productions is not liable for carrier or customs delays. International Buyers are responsible for import duties and compliance with local laws.

4. Artwork Authenticity

Each original artwork includes a Certificate of Authenticity. Kirby Art Productions guarantees the authenticity of all works sold.

5. Refunds and Returns

Domestic sales comply with FTC Cooling-Off Rule (16 C.F.R. §429), allowing cancellation of qualifying in-person sales within 3 business days unless custom-made. International buyers are protected under CISG and EU Directive 2011/83/EU. Refunds may be requested within 7 days for damaged or misrepresented works. Custom or commissioned pieces are non-refundable once productions begins, except in cases of breach or non-delivery. Digital purchases are final. Approved refunds are processed within 10 business days.

6. Copyright and Licensing

All intellectual property rights remain with Kirby Art Productions unless explicitly transferred in writing. Purchase of artwork does not transfer reproduction or commercial rights.

7. Limitation of Liability

Kirby Art Productions shall not be liable for incidental or consequential damages. Total liability shall not exceed the purchase price.

8. Dispute Resolution – Binding Arbitration

All disputes shall be resolved exclusively by binding arbitration under the Federal Arbitration Act (9 U.S.C. §§1–16). The American Arbitration Association (AAA) shall administer arbitration in Kennesaw, Georgia. Both parties waive jury trial and class action participation.

9. Governing Law

This Agreement is governed by Georgia law and, where applicable, the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10. Force Majeure

Kirby Art Productions is not liable for delays or failures caused by uncontrollable events including natural disasters, wars, or government restrictions.

11. Amendments

Kirby Art Productions reserves the right to modify these Terms with updates posted reflecting a new effective date

12. Contact and Notices

Kirby Art Productions

1635 Old 41 Hwy,

Suite 112-237

Kennesaw, GA 30152

Email: LindaKirby917@gmail.com