Terms of Service
Last Updated: April 5, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE OR PURCHASING ANY PRODUCTS.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Charles Francis Studio, LLC ("Charles Francis Studio," "Studio," "we," "us," or "our"), a Washington State limited liability company located in Kennewick, Washington, governing your access to and use of the website at charlesfrancis.gallery (the "Site"), including all content, features, services, and products available on or through the Site (collectively, the "Services").
By accessing the Site, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and policies referenced herein. If you do not agree to these Terms, you must not access or use the Services.
1. ELIGIBILITY AND ACCOUNT REGISTRATION
1.1 Eligibility
You must be at least eighteen (18) years of age and possess the legal authority to enter into these Terms to use the Services. By using the Services, you represent and warrant that you meet these requirements.
1.2 Account Creation
To purchase products through the Site, you may be required to create a customer account. When creating an account, you agree to:
- Provide accurate, current, and complete registration information;
- Maintain and promptly update your account information to keep it accurate and current;
- Maintain the security and confidentiality of your login credentials;
- Accept responsibility for all activities that occur under your account;
- Notify us immediately of any unauthorized access to or use of your account.
1.3 Account Security
You are solely responsible for safeguarding your password and for all activity conducted through your account. Charles Francis Studio will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.
1.4 Account Termination
We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, for any reason, including but not limited to: violation of these Terms, suspected fraudulent activity, abusive behavior toward staff or artists, or extended account inactivity. You may also request account deletion by contacting us at info@charlesfrancis.gallery.
2. PRODUCTS AND SERVICES
2.1 Product Descriptions
Charles Francis Studio offers original artwork, fine art reproductions, giclée prints, canvas prints, and related fine art products for sale through the Site. We make reasonable efforts to display product images, colors, and descriptions as accurately as possible. However, we do not warrant that product descriptions, images, pricing, or other content on the Site are accurate, complete, reliable, current, or error-free.
2.2 Color Accuracy Disclaimer
IMPORTANT: The colors and details displayed on the Site are representations only and may not precisely match the final printed or delivered product. Perceived differences between on-screen images and physical products can occur due to:
- Variations in monitor calibration, display technology, resolution, brightness, and color settings;
- Differences between RGB color space (used by screens) and the color gamut achievable through fine art printing processes;
- The inherent characteristics of fine art printing substrates, including variations in paper or canvas texture, base tone, finish, weight, and ink absorption;
- Ambient lighting conditions under which the finished artwork is viewed;
- Normal and expected variations in the printing process.
These variations are inherent to fine art printing and are not considered defects. Charles Francis Studio cannot guarantee 100% color accuracy between screen representations and the final printed product, and shall not be liable for any color differences between the product as displayed on the Site and the product as delivered.
2.3 Print-on-Demand / Made-to-Order Nature
Many of our products, including but not limited to fine art prints, giclée reproductions, and canvas prints, are produced on demand specifically for each order ("Made-to-Order Products"). Made-to-Order Products are custom-manufactured to your specifications after your order is placed and payment is received. Due to the custom nature of these products:
- Each product is individually produced using professional fine art printing equipment and archival-quality materials;
- Production times vary depending on the complexity and type of product ordered;
- Made-to-Order Products cannot be resold or restocked and therefore are subject to the return limitations described in Section 5.
2.4 Original Artwork
Certain products available on the Site are original, one-of-a-kind artworks created by independent artists ("Original Artwork"). Original Artwork is sold as-is and may include natural variations in media, texture, and finish that are characteristic of handmade works. Such variations are not defects.
2.5 Pricing
All prices are listed in U.S. dollars unless otherwise noted. Prices are subject to change without notice. We reserve the right to correct pricing errors at any time, including after an order has been placed. In the event of a pricing error, we will notify you and provide the option to confirm the order at the corrected price or cancel the order for a full refund.
2.6 Availability
All products are subject to availability. We reserve the right to limit quantities, discontinue any product, or reject any order at our sole discretion. We do not guarantee that any product will remain available.
3. ORDERS AND PAYMENT
3.1 Order Acceptance
Your submission of an order constitutes an offer to purchase. All orders are subject to acceptance by Charles Francis Studio. We reserve the right to refuse or cancel any order for any reason, including but not limited to: product availability, errors in product or pricing information, suspected fraud, or issues identified during payment verification.
3.2 Payment
We accept payment through the methods specified on the Site. By submitting payment information, you represent and warrant that:
- You are authorized to use the designated payment method;
- You authorize us (or our designated payment processor) to charge your payment method for the total order amount, including applicable taxes and shipping;
- All payment information provided is accurate and complete.
3.3 Payment Processing
Payment is processed through third-party payment processors. Charles Francis Studio does not store your complete credit card or payment account information on our servers. Your use of third-party payment services is subject to the respective payment processor's terms of service and privacy policy. We are not responsible for errors, outages, or security breaches by third-party payment processors.
3.4 Sales Tax
Applicable sales tax will be calculated and added to your order total in accordance with Washington State law and any other applicable jurisdiction. You are responsible for any taxes, duties, or customs charges applicable to your order.
4. SHIPPING AND DELIVERY
4.1 Shipping Methods
We ship to addresses within the United States and, where available, to select international destinations. Shipping methods, carriers, and estimated delivery times are presented at checkout. Shipping costs are calculated based on product type, size, weight, destination, and selected shipping method.
4.2 Production and Processing Time
Because many products are Made-to-Order, please allow additional time for production before shipment. Estimated production times are provided on the product page or at checkout and are approximations only. Charles Francis Studio shall not be liable for delays in production or shipment.
4.3 Delivery Estimates
Estimated delivery dates are provided for informational purposes only and are not guaranteed. Delivery timelines may be affected by factors beyond our control, including but not limited to: carrier delays, weather, natural disasters, customs processing, holidays, and supply chain disruptions. Charles Francis Studio is not responsible for delays caused by shipping carriers or other third parties.
4.4 Risk of Loss
Title to and risk of loss for all products passes to you upon delivery of the product to the shipping carrier. Charles Francis Studio is not liable for loss, damage, or delay in transit once the product has been transferred to the carrier.
4.5 Shipping Damage
If your order arrives visibly damaged, you must:
- Document the damage with photographs;
- Contact us within seven (7) calendar days of delivery at info@charlesfrancis.gallery;
- Retain all original packaging materials for potential carrier claims.
We will work with you to resolve shipping damage claims, which may include replacement or refund at our sole discretion. Failure to report damage within the specified timeframe may affect our ability to process your claim.
4.6 International Orders
International customers are solely responsible for all import duties, customs fees, brokerage charges, and taxes imposed by their country. Charles Francis Studio has no control over these charges and cannot predict their amount. International shipments may be subject to customs inspections, which can cause delivery delays. We are not responsible for items held, seized, or destroyed by customs authorities.
5. RETURNS, REFUNDS, AND CANCELLATIONS
5.1 Made-to-Order Products
Because Made-to-Order Products (including fine art prints, giclée reproductions, canvas prints, and custom framing) are produced specifically for your order, they are not eligible for return or refund due to change of mind, buyer's remorse, or subjective dissatisfaction with color, size selection, or aesthetic preference. This is consistent with standard industry practice for custom-produced fine art products.
5.2 Defective or Damaged Products
If a Made-to-Order Product arrives with a manufacturing defect (such as misprinting, smearing, physical damage during production, or incorrect product shipped), you must contact us within fourteen (14) calendar days of delivery with:
- Your order number;
- A clear description of the defect;
- Photographs clearly showing the defect.
Upon verification, we will, at our sole discretion, either reprint and reship the product or issue a refund for the defective item. Manufacturing defects do not include minor color variations inherent to the fine art printing process as described in Section 2.2.
5.3 Original Artwork
Original Artwork purchases may be returned within fourteen (14) calendar days of delivery, provided:
- The artwork is in its original condition, undamaged, and in original packaging;
- You contact us to initiate the return before shipping;
- You ship the artwork back at your own expense using insured, trackable shipping;
- The artwork is received by us in the same condition as delivered.
Refunds for Original Artwork will be issued upon inspection and acceptance of the returned item, less original shipping charges.
5.4 Cancellations
Orders may be cancelled without charge only if production has not yet begun. Once production of a Made-to-Order Product has commenced, the order cannot be cancelled. Contact us as soon as possible at info@charlesfrancis.gallery if you wish to cancel an order.
5.5 Refund Method
Approved refunds will be issued to the original payment method within a commercially reasonable time. Shipping charges are non-refundable except in cases of Studio error or defective products.
6. INTELLECTUAL PROPERTY
6.1 Artwork Ownership
The artwork available on the Site is created by independent artists who retain ownership of the intellectual property rights in their work. When you purchase a fine art print or reproduction, you are purchasing a physical copy of the artwork. You do not acquire any copyright, reproduction rights, intellectual property rights, or license to the underlying artwork.
6.2 Permitted Use
Your purchase entitles you to display the physical product for personal, non-commercial purposes. You may not:
- Reproduce, duplicate, copy, scan, photograph (for reproduction purposes), or digitize the artwork;
- Create derivative works based on the artwork;
- Distribute, sell, license, sublicense, or transfer reproductions of the artwork;
- Use the artwork or any reproduction thereof for commercial purposes, including but not limited to advertising, merchandising, or resale;
- Remove, alter, or obscure any signature, copyright notice, or other proprietary marking on the artwork.
6.3 Site Content
All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and arrangement thereof, is the property of Charles Francis Studio or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or commercially exploit any Site content without prior written consent.
6.4 Trademarks
"Charles Francis Studio," the Charles Francis Studio logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Charles Francis Studio or its affiliates. You may not use such marks without our prior written permission.
7. USER CONDUCT
7.1 Prohibited Activities
You agree not to:
- Use the Services for any unlawful purpose or in violation of these Terms;
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
- Interfere with or disrupt the Services, servers, or networks connected to the Services;
- Attempt to gain unauthorized access to any portion of the Site, other accounts, or computer systems;
- Use any automated means (including bots, scrapers, or spiders) to access the Site or collect content;
- Transmit viruses, malware, or any other harmful code;
- Engage in abusive, threatening, or harassing communication with Studio staff, artists, or other users;
- Submit fraudulent orders or payment information;
- Circumvent, disable, or otherwise interfere with any security features of the Site.
8. PRIVACY
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the practices described in the Privacy Policy. Please review the Privacy Policy at charlesfrancis.gallery/privacy.
9. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
CHARLES FRANCIS STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(b) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
(c) ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(d) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE;
(e) ANY WARRANTY THAT PRODUCTS WILL MEET YOUR SUBJECTIVE EXPECTATIONS REGARDING COLOR, APPEARANCE, OR AESTHETIC QUALITY BEYOND WHAT IS OBJECTIVELY DESCRIBED IN THE PRODUCT LISTING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, WARRANTIES ARE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.
10. LIMITATION OF LIABILITY
10.1 Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHARLES FRANCIS STUDIO, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
(a) LOSS OF PROFITS, REVENUE, OR BUSINESS;
(b) LOSS OF DATA OR GOODWILL;
(c) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(d) PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES;
(e) ANY MATTER BEYOND OUR REASONABLE CONTROL;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Liability Cap
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR ANY PRODUCT OR SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO CHARLES FRANCIS STUDIO FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
10.3 Essential Purpose
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Charles Francis Studio, its owners, officers, employees, agents, and affiliates from and against any and all claims, actions, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Services or any product purchased through the Site;
- Your violation of these Terms or any applicable law or regulation;
- Your violation of any third-party rights, including intellectual property rights;
- Any content you submit or transmit through the Services;
- Any dispute between you and a third party related to products purchased through the Site.
12. DISPUTE RESOLUTION
12.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact Charles Francis Studio at info@charlesfrancis.gallery and attempt to resolve the dispute informally for a period of at least thirty (30) days. Most concerns can be resolved through good-faith communication.
12.2 Binding Arbitration
If a dispute cannot be resolved informally, you and Charles Francis Studio agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product or service (including the determination of the scope or applicability of this agreement to arbitrate) shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in Benton County, Washington, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
12.3 Class Action Waiver
YOU AND CHARLES FRANCIS STUDIO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding.
12.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
12.5 Opt-Out
You may opt out of the arbitration and class action waiver provisions within thirty (30) days of first accepting these Terms by sending written notice to Charles Francis Studio at Charles Francis Studio, Kennewick, WA 99336 or info@charlesfrancis.gallery. If you opt out, disputes will be resolved in accordance with Section 12.6.
12.6 Jurisdiction and Venue
For any disputes not subject to arbitration, you agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Benton County, Washington.
13. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14. GENERAL PROVISIONS
14.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Charles Francis Studio regarding the Services and supersede all prior agreements and understandings.
14.2 Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
14.3 Waiver
The failure of Charles Francis Studio to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Charles Francis Studio.
14.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Charles Francis Studio may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.
14.5 Force Majeure
Charles Francis Studio shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemic, epidemic, government action, labor disputes, supply chain disruptions, power failures, internet or telecommunications failures, or carrier delays.
14.6 Notices
We may provide notices to you by posting on the Site, by email to the address associated with your account, or by any other reasonable means. You are responsible for keeping your contact information current.
14.7 Electronic Communications
By using the Services and creating an account, you consent to receive electronic communications from us, including emails regarding your account, orders, and updates to these Terms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14.8 Headings
The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
14.9 Survival
Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law shall survive any termination or expiration of these Terms.
15. MODIFICATIONS TO TERMS
Charles Francis Studio reserves the right to modify these Terms at any time at our sole discretion. If we make material changes, we will provide notice by updating the "Last Updated" date at the top of these Terms and, where practicable, by sending an email notification to the address associated with your account. Your continued use of the Services after any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.
16. CONTACT INFORMATION
If you have questions about these Terms, please contact us at:
Charles Francis Studio
Kennewick, WA 99336
Email: info@charlesfrancis.gallery
Phone: (509) 582-8861
Website: charlesfrancis.gallery
These Terms of Service were last updated on April 5, 2026.