1. ABOUT THESE TERMS

 

These Terms apply to purchases of original artwork, participation in the Trade Program and commissioned artwork offered by Jinni Calabrese.Nall through this website or otherwise agreed to in writing.

For purposes of these Terms, “Jinni Calabrese.Nall,” “Artist,” “I,” and “me” refer to Jinnifer L. Nall, who creates and conducts her art practice professionally under the artist name Jinni Calabrese.Nall.

“Purchaser” refers to an individual or entity purchasing available original artwork. “Trade Professional” refers to an individual or entity approved to participate in the Trade Program. “Client” refers to an individual or entity commissioning original artwork.

By purchasing original artwork, participating in the Trade Program, or paying a commission deposit, as applicable, you agree to the relevant provisions of these Terms.

PART I. ORIGINAL ARTWORK PURCHASE TERMS

2. ORIGINAL ARTWORK

 

Each artwork is an original, handmade work. Variations in texture, layering, surface, finish and other characteristics are inherent to the artwork and the Artist’s process and are not defects.

Every reasonable effort is made to photograph and represent artwork accurately. However, colors and appearance may vary due to screen settings, lighting conditions and the reflective or textural qualities of the artwork.

Additional photographs, detail images and live video viewings are happily available upon request before purchase.

3. PAYMENT AND AVAILABILITY

 

Payment is due in full at the time of purchase unless otherwise agreed in writing.

Artwork remains available for purchase until payment has been successfully completed. In the unlikely event that an artwork is sold through another channel before website inventory can be updated, the website order will be canceled and the Purchaser will receive a full refund.

Applicable sales tax will be collected when required.

4. DELIVERY

Standard insured delivery within the continental United States is included in the listed retail price of original artwork.

Delivery to Alaska, Hawaii, U.S. territories and destinations outside the United States must be arranged separately and may involve additional charges.

Expedited shipping, white-glove delivery, installation or other special delivery services are not included unless specifically stated or agreed in writing.

Delivery dates are estimates and are not guaranteed. Larger artwork may require custom crating and specialized fine-art transportation, which can require additional preparation and transit time.

The Purchaser is responsible for providing complete and accurate delivery information and for making reasonable arrangements to receive the shipment when required. Additional costs caused by an incorrect address, refusal of delivery, inability to receive a scheduled delivery or repeated unsuccessful delivery attempts may be charged to the Purchaser.

5. INSPECTION AND SHIPPING DAMAGE

The Purchaser should inspect the artwork and its packaging promptly upon delivery.

Any visible or suspected shipping damage must be reported to the Artist within seven (7) days of delivery. The Purchaser must retain all original packing materials and provide photographs of the artwork, damage, shipping container and packing materials, along with any other information reasonably necessary to document and process a shipping or insurance claim.

The Purchaser agrees to reasonably cooperate with any carrier or insurance inspection or claims process.

If artwork is confirmed to have been damaged during transit, an appropriate resolution will be determined based upon the nature and extent of the damage. This may include professional repair or restoration, refund, or another mutually agreed resolution.

Because each artwork is original, an identical replacement cannot be guaranteed.

6. LOSS DURING TRANSIT

If insured artwork is lost before confirmed delivery, the Artist will work with the carrier and/or insurer to resolve the loss.

Responsibility for the artwork transfers to the Purchaser upon confirmed delivery to the delivery address provided with the order. The Artist is not responsible for theft, disappearance or damage occurring after confirmed delivery, except where otherwise required by applicable law.

7. RETURNS AND CANCELLATIONS

All sales of original artwork are final.

Orders may not be returned or exchanged because of differences attributable to screen display, lighting, texture, surface characteristics or other variations inherent in viewing original artwork digitally.

Purchasers are encouraged to request additional photographs, details or a live video viewing before purchasing if they have questions about an artwork.

This final-sale policy does not limit any rights or remedies that cannot legally be waived and does not apply to artwork confirmed to have been damaged or lost during shipment as addressed above.

8. CERTIFICATE OF AUTHENTICITY

Original artwork is accompanied by a Certificate of Authenticity issued by Jinni Calabrese.Nall.

9. COPYRIGHT AND REPRODUCTION RIGHTS

Purchase of an original artwork transfers ownership of the **physical artwork only**.

All copyright, intellectual-property and reproduction rights in the artwork remain with Jinnifer L Nall, professionally known as Jinni Calabrese.Nall, unless expressly transferred in a separate written agreement signed by the Artist.

Purchase of an original artwork does not grant the Purchaser the right to reproduce, publish, distribute, license, merchandise or otherwise commercially exploit the artwork.

 

PART II. TRADE PROGRAM TERMS

10. ELIGIBILITY

The Jinni Calabrese.Nall Trade Program provides preferred pricing on available original artwork to approved interior designers, architects, art consultants and other qualified professionals purchasing or specifying artwork for client or commercial projects.

Submitting an application does not guarantee acceptance into the Trade Program. Eligibility is determined based on the professional information provided and may be verified before approval.

The Artist reserves the right to approve or decline Trade Program applications and is not required to provide trade pricing to applicants who do not meet program eligibility requirements.

Approval is not transferable, and Trade Program pricing or purchasing privileges may not be shared with or used by another individual or business.

11. TRADE PRICING

Approved Trade Professionals receive 20% off the published retail price of available original artwork, unless otherwise stated or agreed in writing.

Trade pricing applies to eligible purchases made by the approved Trade Professional and may not be combined with other discounts, promotional offers or special pricing.

Trade pricing may be changed or discontinued for future purchases at any time. Pricing already confirmed in writing for a specific purchase or project will be honored according to the terms of that confirmation.

12. TRADE DELIVERY

Standard insured delivery within the continental United States is included with artwork purchased through the Trade Program.

Delivery to Alaska, Hawaii, U.S. territories or destinations outside the United States must be arranged separately and may involve additional charges.

Expedited shipping, white-glove delivery, installation, storage or other special delivery services are not included unless expressly agreed in writing.

The delivery, inspection, shipping-damage and loss provisions contained in the Original Artwork Purchase Terms also apply to Trade Program purchases.

13. PURCHASES FOR CLIENTS

Trade Professionals may purchase artwork for their own account or on behalf of a client.

The Trade Professional is responsible for determining how trade pricing is reflected in any pricing, markup, design fee or other arrangement between the Trade Professional and their client.

The Artist is not a party to agreements between a Trade Professional and their client and is not responsible for disputes concerning the Trade Professional’s pricing, fees, markup or client relationship.

14. PAYMENT AND SALES TAX

Payment is due in full at the time of purchase unless other arrangements have been agreed in writing.

Applicable sales tax will be collected unless valid documentation supporting an applicable exemption has been provided and accepted.

15. TRADE RETURNS

All sales of original artwork through the Trade Program are final, subject to the shipping-damage and loss provisions in the Original Artwork Purchase Terms.

Trade Professionals are responsible for confirming dimensions, palette and suitability for their project or client before purchase. Additional photographs, details and live video viewings are available upon request before an order is placed.

16. COMMISSIONS THROUGH THE TRADE PROGRAM

Commissioned artwork is not included in standard Trade Program pricing.

Commission requests from Trade Professionals are welcomed and are quoted separately based upon size, scope and other project requirements. The Commission Terms below apply to all commissioned artwork unless otherwise agreed in writing.

17. PHOTOGRAPHY, COPYRIGHT AND REPRODUCTION

Purchase of original artwork transfers ownership of the physical artwork only. Copyright, intellectual-property and reproduction rights remain with the Artist as described in Section 9.

Trade Professionals and their clients may photograph installed artwork for ordinary documentation, portfolio and interior-design editorial purposes, provided the artwork is not reproduced or commercially exploited as a standalone image or product.

Where reasonably practical, credit to Jinni Calabrese.Nall is appreciated when images featuring the artwork are publicly published or shared.

18. PROGRAM CHANGES

The Artist reserves the right to modify or discontinue the Trade Program or an individual participant’s eligibility for future purchases.

Changes will not affect purchases already completed or specific pricing previously confirmed in writing.

Participation may be terminated in cases of misuse of trade pricing, misrepresentation of professional status or other abuse of the program.

Unless specifically modified by these Trade Program Terms, purchases made through the Trade Program are also subject to the Original Artwork Purchase Terms.
 

 

PART III. COMMISSION TERMS

19. COMMISSIONED ORIGINAL ARTWORK

A commission is an original artwork created by Jinni Calabrese.Nall in the Artist’s established painting style and through her established artistic process.

A written commission proposal, invoice or other written confirmation will establish the specific size, price, general palette direction, estimated timing and other agreed details for each commission.

By paying the commission deposit, the Client accepts the commission proposal and these Commission Terms.

20. CREATIVE DIRECTION

Before work begins, the Artist and Client will agree upon the artwork’s approximate dimensions and general color direction.

The Client may provide photographs of the intended space, paint colors, fabric or material samples, inspiration images or other references to help communicate the desired palette and environment. These materials are references, not specifications for composition or execution.

Composition, gesture, layering, placement and proportion of colors and marks, materials, technique and final artistic execution remain within the Artist’s creative discretion.

Commissioned artwork will not be an exact reproduction of an existing work, another artist’s work, a reference image or a predetermined composition.

21. ARTISTIC VARIATION

Because commissioned artwork is created by hand through an intuitive process, the finished painting will contain natural variation and cannot be predicted or represented exactly before completion.

Examples of the Artist’s existing work demonstrate her style and general artistic approach rather than guarantee a particular result.

The Client acknowledges that commissioning original artwork necessarily involves trusting the Artist’s creative judgment.

22. REVISIONS AND CHANGES

Once the agreed size and general palette have been approved and painting has begun, the commission does not include Client-directed aesthetic revisions or rounds of changes to the composition.

The Artist may make changes to the artwork during the creative process at her own discretion.

Requests that materially change the agreed size, palette or scope before work begins may result in a revised price and estimated schedule.

Requests to materially change the agreed scope after work has begun may be declined or, if accepted by the Artist, may require additional fees and a revised completion schedule.

Any change to the agreed commission scope must be confirmed in writing.

23. COMMISSION PRICING

Commissioned artwork is priced separately from available finished artwork and includes a premium for dedicated studio time, consultation and creation of a work specifically for the Client.

The final commission price will be stated and agreed in writing before work begins.

Standard Trade Program pricing does not apply to commissioned artwork unless expressly agreed in writing.

24. PAYMENT

A 50% deposit is required to reserve the commission and begin work. The remaining 50% balance is due upon completion and acceptance of the artwork and before shipment or delivery.

Work will not begin until the deposit has been received and the size, general palette direction and commission price have been agreed in writing.

Once work has begun, the deposit is nonrefundable because it compensates the Artist for reserved studio time, planning, materials and work performed specifically for the Client.

The completed artwork will not be shipped or released until payment has been received in full.

25. CANCELLATION BY THE CLIENT

A Client may request cancellation before work begins. If the Artist agrees to the cancellation, the deposit may be refunded less any nonrecoverable costs already incurred specifically for the commission.

Once work has begun, the deposit is nonrefundable.

If the Client cancels after work has begun, the Artist may retain the deposit and the unfinished or completed artwork. The Client has no ownership interest in the artwork unless the full commission price has been paid.

Any extraordinary materials, services or expenses specifically approved by the Client and incurred before cancellation remain payable.

26. CANCELLATION BY THE ARTIST

In the unlikely event that the Artist is unable to complete the commission, amounts paid for work not completed will be refunded, and neither party will have any further obligation except as otherwise agreed in writing.

27. COMPLETION AND CLIENT ACCEPTANCE

When the artwork is complete, the Artist will provide photographs and/or offer a live video viewing before final payment and delivery.

Because the commission is an original work created within the Artist’s established style and the agreed size and general palette, Client-directed aesthetic revisions are not included.

If the Client decides not to accept the completed artwork for reasons unrelated to a material departure from the agreed size or general palette, the Client may decline the artwork and forfeit the deposit.

In that event, the remaining balance will not be due, and all ownership rights in the artwork remain with the Artist. The Artist may retain, modify, exhibit, publish or offer the artwork for sale at her discretion.

28. TIMING

An estimated completion timeframe will be provided before the commission begins.

Completion dates are estimates unless a specific deadline has expressly been agreed in writing. The creative process, material availability, drying and curing time, studio conditions and other circumstances may affect the schedule.

If the artwork is intended for a particular installation, event or project deadline, the Client must disclose that deadline before accepting the commission proposal.

29. COMMISSION SHIPPING AND DELIVERY

Unless otherwise stated in the commission proposal, standard insured delivery within the continental United States is included in the commission price.

Larger artwork may require custom crating and professional fine-art transportation.

Delivery to Alaska, Hawaii, U.S. territories or destinations outside the United States, and expedited, white-glove, installation or other special delivery services, may involve additional charges.

The delivery, inspection, damage and loss provisions contained in the Original Artwork Purchase Terms also apply to commissioned artwork.

30. COMMISSION OWNERSHIP AND COPYRIGHT

Ownership of the physical commissioned artwork transfers to the Client only after payment has been received in full.

All copyright, intellectual-property and reproduction rights remain with Jinnifer L Nall, professionally known as Jinni Calabrese.Nall, unless expressly transferred in a separate written agreement signed by the Artist.

Commissioning an artwork does not grant the Client the right to reproduce, license, merchandise or otherwise commercially exploit the artwork.

The Artist retains the right to photograph and document commissioned artwork and to use images of the artwork for her portfolio, website, social media, exhibition, publication and promotional purposes unless a different arrangement has been agreed in writing before the commission begins.


PART IV. GENERAL TERMS

31. GOVERNING LAW AND DISPUTES

These Terms and transactions with the Artist are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles, except where applicable law requires otherwise.

If a disagreement arises, the parties are encouraged to first make a good-faith effort to resolve the matter directly.

If a dispute cannot be resolved informally and legal proceedings become necessary, the parties agree that any proceeding will be brought in a court of competent jurisdiction in Tennessee, subject to any rights or remedies that cannot legally be waived or restricted.

32. ENTIRE AGREEMENT AND WRITTEN CHANGES

These Terms, together with any applicable order confirmation, commission proposal, invoice or other written agreement between the parties, constitute the agreement relating to the applicable purchase or commission.

If a specific written commission proposal or other written agreement expressly conflicts with these Terms, the terms of that specific agreement will control with respect to that transaction.

Any material modification to an individual commission or other specially negotiated transaction must be agreed in writing.

33. SEVERABILITY

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

34. QUESTIONS

Questions about an artwork, the Trade Program, a commission or these Terms are welcome before purchase or agreement.

Please contact:
Jinni Calabrese.Nall 
Professional artist name of Jinnifer L Nall 
jinni@ideationdesignhouse.com

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