Terms of Service — Art By Kashish

Effective date: September 21, 2025

Welcome to Art By Kashish. These Terms of Service (“Terms”) govern your access to and use of the website and services offered at ArtByKashish.com (the “Site”) and any purchases, commissions, or downloads you make through it. By using the Site or placing an order, you agree to these Terms. If you do not agree, please do not use the Site.

 

  1. Definitions
  • “Artist” / “We” / “Us”: Art By Kashish, the owner and operator of the Site.
  • “You” / “Buyer” / “Customer”: Any person or entity accessing the Site or purchasing goods or services from Art By Kashish.
  • “Artwork”: Physical or digital works of art, prints, commissions, and related products sold via the Site.

 

  1. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the revised Terms with a new effective date. Continued use after changes constitutes acceptance of the updated Terms.

 

  1. Orders, Pricing & Payment
  • All orders placed on the Site are subject to acceptance and availability.
  • Prices shown on the Site are in the currency displayed at checkout and include the price of the product; taxes and shipping are calculated at checkout where applicable.
  • We accept payments via the payment methods shown at checkout. By submitting payment information you represent that you are authorized to use the payment method.
  • We reserve the right to refuse or cancel any order for reasons including but not limited to: product or service availability, errors in pricing or product description, or suspected fraud.

 

  1. Commissions & Custom Work
  • Commissions require a deposit (minimum 25–50% as stated in the commission listing). A non-refundable deposit may apply; this will be stated before payment.
  • Turnaround times are estimates and depend on complexity and Artist’s schedule. We will communicate estimated completion dates during the order process.
  • Substantive changes requested after final approval may incur additional fees.

 

  1. Digital Downloads
  • Digital files (high-resolution images, printable art, etc.) are delivered electronically after confirmed payment. For digital downloads, no refunds will be issued once the file has been delivered or downloaded.

 

  1. Shipping & Delivery (for physical artwork)
  • Shipping times are estimates and begin when the item is dispatched from our studio.
  • Buyer is responsible for all shipping costs unless otherwise stated. International buyers are responsible for import duties, taxes, and customs clearance.
  • Risk of loss transfers to the buyer once the package is handed to the carrier. If you receive a damaged item, follow the damaged items process below.

 

  1. Returns, Refunds & Cancellations
  • Printed goods & ready-made artwork: Returns accepted within 14 days of delivery if the item is unused and in original condition; buyer pays return shipping unless the item arrived damaged or defective.
  • Original artwork & commissions: Unless otherwise stated, sales of original artworks and most custom commissions are final. Where a deposit was charged for a commission, the deposit may be non-refundable as specified in the commission agreement.
  • Digital goods: No refunds after download/delivery.
  • To request a return, refund, or cancellation, contact us at the address below within the stated timeframes and provide order details and photos where relevant.

 

  1. Damaged or Defective Items
  • If your purchase arrives damaged or defective, notify us within 7 days of delivery with photos of the damage and packaging. We will review and, if approved, offer repair, replacement, or refund at our discretion.

 

  1. Intellectual Property & License
  • All artwork on this Site is the copyrighted work of Art By Kashish unless otherwise noted.
  • Purchase of a physical artwork does NOT transfer copyright. Buyers receive a limited, non-exclusive, non-transferable license to use purchased artworks for personal, non-commercial use (display in private home/office, personal social media sharing with credit). Commercial use (reproduction, merchandising, advertising, or resale as prints/products) requires a separate license from the Artist.
  • Requests for commercial licensing, reproduction rights, or exclusive rights should be directed to our contact email; fees and terms will be negotiated in writing.
  • You may not remove, alter, or obscure artist signatures or copyright notices.

 

  1. Resale & Secondary Market
  • You may resell a physical item you lawfully own (for example at auction or privately), but resale does not transfer copyright or grant rights to reproduce the work.
  • If you intend to sell or reproduce artworks commercially, you must obtain written permission/licensing from Art By Kashish.

 

  1. Use of Site Content
  • We may display images of sold works on our Site and social media for promotional purposes unless explicitly agreed otherwise in writing.
  • You grant us a non-exclusive right to use photographs you provide (e.g., commission reference images) solely for the purpose of completing the commission, and to display the finished work online for our portfolio and promotion unless you request confidentiality in writing and we agree.

 

  1. Prohibited Activities

When using the Site or communicating with us, you agree not to:

  • Violate applicable laws or third-party rights (including IP rights);
  • Attempt to copy, modify, reproduce, or create derivative works from our content for commercial gain without permission;
  • Use the Site for fraudulent purposes or to transmit malicious code.

 

  1. Privacy

Our Privacy Policy explains how we collect and use personal information. By using the Site you agree to the collection and use described in the Privacy Policy. (See: /privacy-policy)

 

  1. Disclaimers & Limitation of Liability
  • The Site and all content are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, Art By Kashish disclaims all warranties, express or implied.
  • In no event will Art By Kashish be liable for any indirect, incidental, special, punitive, or consequential damages, or for loss of profits, revenue, data, or use, even if advised of the possibility of such damages.
  • Our total liability for any claim arising out of or relating to these Terms or any purchase is limited to the amount you actually paid for the relevant product or service.

 

  1. Indemnification

You agree to indemnify, defend, and hold harmless Art By Kashish and its officers, agents, employees, and contractors from any claims, liabilities, damages, losses, and expenses arising out of your breach of these Terms, your misuse of the Site, or your violation of any rights of a third party.

 

  1. Governing Law & Dispute Resolution

These Terms are governed by the laws of Nepal. Any dispute arising from or relating to these Terms or your use of the Site will be subject to the exclusive jurisdiction of the courts located in Kathmandu, Nepal.

 

  1. Termination

We may suspend or terminate access to the Site or refuse service to anyone for any reason, including breach of these Terms.

 

  1. Contact Information

If you have questions, problems, or would like to request permissions/licenses, please contact:

Kashish Dahal KC
Email: kashish@artbykashish.com 
Address: Kathmandu, Nepal

 

By using the Site and/or purchasing goods or services from Art By Kashish, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Last updated: September 21, 2025