Terms of Use + Sales / Sales Policy
Acceptance of Terms
By accessing carnivalopera.com or any of our affiliated websites (collectively, the “Sites”), you agree to be bound by these Terms of Use. If you do not agree to these terms, you may not use the Sites. For information on how we collect and use your personal data, please see our Privacy Policy.
Changes to Terms
We reserve the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting on the Sites with an updated effective date. Your continued use of the Sites after changes are posted will constitute your acceptance of the revised terms.
Use of Sites
You may use the Sites for lawful purposes only. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites.
Intellectual Property
All content on the Sites, including but not limited to text, graphics, logos, images, artwork, photographs, publications, and software, is the property of Carnival Opera Gallery, our represented artists, or our content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on the Sites without express written permission.
User Submissions
Any material, information, or ideas you submit to the Sites will be considered non-confidential and non-proprietary. Carnival Opera Gallery may use any submissions for any purpose without compensation to you.
Links to Third-Party Sites
The Sites may contain links to third-party websites. These links are provided for your convenience only, and we are not responsible for the content or operation of any linked sites.
Disclaimer of Warranties
The Sites are provided “as is” and “as available.” We make no warranties, expressed or implied, regarding the operation or availability of the Sites or the information, content, materials, or products included on the Sites.
Limitation of Liability
Carnival Opera Gallery will not be liable for any damages of any kind arising from the use of the Sites, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Indemnification
You agree to indemnify and hold Carnival Opera Gallery, its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Sites, your violation of these Terms of Use, or your violation of any rights of another.
Governing Law
These Terms of Use will be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions.
Sales and Refund Policy
General Policy Statement
All sales are final. Due to the nature of our products, including original artwork, limited edition prints, vintage collectibles, books, publications, and consumable media content, we do not offer refunds or exchanges except in cases of damaged items as outlined below.
Original Artwork & Fine Art Prints
- Original paintings, drawings, and mixed media works are final sale
- Limited edition prints and artist proofs are final sale
- Gallery-represented artwork cannot be returned once purchased
- Commission deposits are non-refundable
- All artwork sales include a certificate of authenticity where applicable
Vintage Items, Antiques & Collectibles
- All vintage items, antiques, and collectibles are sold as-is
- Condition descriptions are provided in good faith; minor variations do not qualify for returns
- Authenticated items are final sale
- Items purchased at auction or special events are non-refundable
Books & Publications
This includes all books, catalogues, and publications sold through Carnival Opera Gallery.
- Art books, exhibition catalogues, and specialty publications are final sale
- Artist monographs and limited edition books cannot be returned
- Signed or personalized books are non-refundable
- Publications showing signs of reading or use are non-returnable
- Individual print and digital publication purchases are final and non-refundable
- Print subscriptions are non-refundable once the first issue has been shipped
- Digital publication access is final upon download or first access
- Subscription cancellations take effect at the end of the current billing period
Digital Products
- All digital downloads are final upon purchase
- Digital access codes cannot be refunded once activated
- PDF publications and digital content are non-returnable
- Online exhibition access and virtual content are non-refundable
- Digital products that are corrupted or cannot be accessed due to technical errors on our end may qualify for a damage claim
Merchandise & Branded Products
- Gallery merchandise, branded items, and accessories are final sale
- Apparel and wearables cannot be returned due to hygiene standards
- Gift items and promotional materials are non-refundable
- Limited edition merchandise and collaborations are non-returnable
Damaged Item Policy
We will provide refunds or replacements only for items that arrive damaged due to shipping or manufacturing defects.
Qualifying damage includes:
- Artwork damaged during shipping with visible package damage
- Prints that arrive torn, creased, or with printing defects
- Books and publications with torn, missing, or significantly damaged pages
- Publications with printing defects or severe shipping damage
- Vintage items and collectibles damaged during shipping with visible package damage
- Digital products that are corrupted or cannot be accessed due to technical errors on our end
- Merchandise with manufacturing defects or shipping damage
Damage claim process:
- Report within 7 days of receiving your order
- Provide documentation: Include clear photos of the damaged item(s), all original packaging, and any visible shipping damage to the outer package
- Return shipping is at buyer’s expense unless damage was clearly caused by our packaging
- Retain items: Keep all damaged items and packaging until we provide return instructions
- Response time: We will respond to damage claims within 2 to 3 business