Terms and Conditions

Each painting offered on this site represents years of dedication, craftsmanship, and artistic integrity. These Terms are designed to preserve the value, authenticity, and legal protection of each work.

A Legal Disclaimer

Welcome, Infinite Soul!

Heather Caulfield’s original paintings are one-of-a-kind works of art. Each piece is individually hand-painted and may contain small variations or imperfections that are natural to the creative process. These subtle details are part of what make original artwork so unique — evidence of the artist’s hand, movement, and presence within the piece.

All original works are one-of-a-kind, hand-painted pieces.

Subtle variations, brush texture, paint drips, surface irregularities, and artistic marks are considered inherent to original fine art and are not defects. Color representation may vary slightly depending on individual screen calibration. All sales of original artwork are final unless otherwise agreed in writing.

Upon delivery, if you are not completely satisfied, or if your artwork arrives damaged, please reach out to our team within 48 hours of Delivery. We always do our best to resolve any concerns promptly and respectfully. All Sales are final after 48 hours of Delivery. You may occasionally notice paint drips, textural irregularities, or other organic elements — sometimes even the rare studio artifact (yes… possibly a cat hair). While some of these occurrences happen naturally in the painting process, others may be intentionally preserved as part of the work’s authenticity and character. That said, your satisfaction matters deeply. If you have any questions or concerns about your piece, please don’t hesitate to get in touch.

Terms and Conditions

As a fine artist and painter, I believe in fostering a legal, transparent, and respectful relationship with my visitors and collectors. These Terms & Conditions are designed to govern the activities of all visitors, collectors, and customers when engaging with my website and artistic offerings. They are thoughtfully tailored to reflect the unique nature of original artwork sales, prints, commissions, licensing, and digital content. By accessing this website, purchasing artwork, or engaging in commissioned or licensed projects, you agree to the terms outlined herein. These terms establish a clear legal relationship between the artist and the collector, ensuring mutual understanding, protection of creative rights, and a smooth transactional experience.

My goal is to provide a professional, ethical, and inspiring environment where artwork can be viewed, collected, and appreciated with confidence and trust.

All artwork created by Heather Caulfield is copyrighted and protected under original creative rights law. All artwork, images, designs, text, graphics, logos, and content on this website are the exclusive intellectual property of Heather Caulfield and are protected under United States and international copyright laws.

Heather Caulfield reserves the right to reproduce, create reproductions in any form, and produce prints of any original artwork — whether sold or unsold.

Unauthorized reproduction of any original artwork is strictly prohibited. Licensing for reproduction may be negotiated directly with the artist on a royalty basis. All rights are reserved.

Purchase of an original artwork, print, or digital file does not transfer copyright ownership.

The Artist retains all rights to:

Reproduce the artwork in any format
Create prints or editions
License the artwork
Display the artwork publicly
Use the artwork for promotional purposes

Unauthorized reproduction, duplication, modification, distribution, or commercial use is strictly prohibited without written permission.

Moral Rights & Integrity of Artwork

Pursuant to the Visual Artists Rights Act (17 U.S.C. §106A), the Artist retains moral rights in original works of art.

The purchaser agrees not to intentionally distort, mutilate, modify, or alter the artwork in a manner that would be prejudicial to the Artist’s honor or reputation.

The Artist retains the right of attribution.

No Investment Representation

Artwork is sold as a collectible fine art object.

The Artist makes no representations regarding future appreciation, resale value, or investment performance. Market value is subject to independent factors beyond the Artist’s control.

Authenticity & Provenance

All original works purchased directly from the Artist are guaranteed authentic.

Each original artwork includes a signed Certificate of Authenticity.

The Artist is not responsible for authenticity claims involving third-party resale transactions.

Documentation & Archival Rights

The Artist retains the right to photograph, reproduce, and document all works for archival, promotional, portfolio, and publication purposes.

Ownership of physical artwork does not transfer intellectual property rights.

Prints & Reproductions

Select works may be offered as archival prints or limited editions at the Artist’s discretion.

The Artist reserves the right to:

Determine edition sizes
Modify pricing
Retire or re-release prints

Prints are for personal display only and may not be reproduced or resold as reproductions.

Digital downloads

Digital downloads are licensed for personal, non-commercial use only.

You may:

Print for personal display
Use for personal enjoyment

You may not:

Resell the file
Share the file
Alter for commercial purposes
Use for merchandise
Upload to print-on-demand platforms
Claim the artwork as your own

Commercial licensing requires a separate written agreement.

Violation of licensing terms may result in legal action.

Please note: Many paintings include nude or partially nude figures and are intended for mature audiences. Viewer discretion is advised.

For questions regarding available works, pricing, shipping, licensing, or general inquiries, please contact Heather Caulfield directly.

Commissions

Heather occasionally accepts commissioned artwork projects. Please reach out for current commission availability and details. Commissioned artwork is subject to a separate written agreement outlining:

Scope of work
Timeline
Payment schedule
Usage rights
Revision policy

A non-refundable deposit is required before work begins.

The Artist retains copyright to commissioned work unless otherwise stated in a written licensing agreement.

The Artist reserves the right to decline commission requests at their discretion.

Commission Abandonment

If a commissioned project is abandoned by the client:

All deposits are non-refundable.
The Artist retains ownership of all preparatory studies and completed work.
The Artist reserves the right to repurpose or sell the work.

Portfolio Use

Unless otherwise agreed in writing, the Artist retains the right to photograph and display commissioned works for portfolio, promotional, and archival purposes.

Pricing & Payment

Prices are subject to change without notice.

Payment must be received in full before shipment unless a written payment plan agreement is in place.

Approved payment plans must be completed before artwork is delivered.

Failure to complete a payment plan may result in forfeiture of deposit and cancellation of the agreement.

Shipping & Risk of Loss

Original artwork is carefully packaged and insured for full value during transit.

Risk of loss transfers to the purchaser upon confirmed delivery.

The purchaser is responsible for providing accurate shipping information.

International buyers are responsible for customs fees, duties, or taxes.

Returns & Refunds

Due to the nature of original artwork, all sales are final.

If artwork arrives damaged, you must:

Notify us within 48 hours of delivery
Provide photographic documentation
Retain original packaging

Damage claims must be submitted promptly to initiate insurance review.

Digital downloads are non-refundable.

Website Use

You agree not to:

Copy website content
Attempt to extract image files
Use automated scraping tools
Reproduce content without permission

Unauthorized use may result in legal action.

10. Limitation of Liability

To the fullest extent permitted by law, Heather Caulfield shall not be liable for:

Indirect damages
Incidental damages
Consequential damages
Loss of profits

Total liability shall not exceed the purchase price of the item in question.

Governing Law

These Terms & Conditions shall be governed by the laws of the United States. Any disputes shall be resolved in the appropriate courts within the artists Residential jurisdiction.

Modifications

We reserve the right to update or modify these Terms & Conditions at any time. Continued use of this website constitutes acceptance of those changes.

Contact Information

For questions regarding these Terms & Conditions, please contact:

HeatherCaulfieldArt@gmail.com

Warranty

All Original artwork purchases include a one-year warranty covering normal wear and tear from the date of purchase. Paintings and Prints are included in this warranty, but not if damaged by water, food, fire or other elemental or environmental damages.

Moral Rights & Artistic Integrity

Under the Visual Artists Rights Act (VARA), the Artist retains certain moral rights in original works of art.

The purchaser agrees not to intentionally distort, mutilate, or modify the artwork in a manner that would be prejudicial to the Artist’s honor or reputation.

The Artist retains the right to claim authorship and attribution of the work.

No Investment Guarantee

Artwork is sold as a collectible fine art object. No representation is made regarding future appreciation, resale value, or investment performance.

Market conditions and resale values are independent of the Artist.

Dispute Resolution

Any dispute arising from the purchase of artwork shall be resolved through binding arbitration in the State of Ohio, in accordance with the rules of the American Arbitration Association.

Authenticity

All original artwork purchased directly from this website or through direct agreement with the Artist is guaranteed authentic.

Each original includes a signed Certificate of Authenticity.

The Artist is not responsible for authenticity claims involving resale through third parties.

Condition Reporting

Upon request, a condition report may be provided for original works.

Minor variations in surface texture, brushwork, or natural aging characteristics are inherent to hand-painted fine art and are not considered defects.

Once the inspection window has expired, the artwork is deemed accepted in its delivered condition.

Title & Ownership Transfer

Legal title to artwork remains with the Artist until full payment has been received and cleared.

Risk of loss transfers upon confirmed delivery.

Edition Integrity

The Artist reserves the exclusive right to determine the size, format, and discontinuation of any print editions.

No guarantees are made regarding future edition availability or retirement.

Exhibition & Loan Requests

The Artist reserves the right to request temporary loan of significant works for exhibition purposes, subject to mutual written agreement.

Participation is voluntary.

Secondary Market Transactions

The Artist is not responsible for pricing, condition, or representation of works resold through third parties.

Authentication is only guaranteed for works purchased directly from the Artist.

Long-Term Storage

Artwork should be stored in a climate-controlled environment.

Avoid attics, basements, or non-regulated storage facilities.

Improper storage may result in warping, cracking, or mold damage.

The Artist is not responsible for damage occurring after delivery due to environmental conditions.