Terms of service.
Overview
This website is operated by FERMIN J. Throughout the site, the terms “we,” “us,” “our,” and “the Artist” refer to FERMIN J. By accessing this website and/or purchasing from us, you engage in our services and agree to be bound by the following Terms of Service, including any additional terms, conditions, policies, and notices referenced herein or available by hyperlink.
These Terms apply to all visitors, customers, collectors, clients, browsers, merchants, and users of the website.
Please read these Terms carefully before accessing or using any part of the website. By using this site, you agree to be bound by these Terms of Service. If you do not agree to all terms and conditions stated here, you may not access the website or use any services.
Any new features, tools, or products added to the website shall also be subject to these Terms of Service. We reserve the right to update, modify, or replace any part of these Terms at any time by posting changes to this page. Continued use of the website following any updates constitutes acceptance of those changes.
This website is hosted by Squarespace, which provides the online platform that enables us to present and sell original artworks, fine art prints, and related services.
Section 1 — Online Store Use
By using this website, you confirm that you are at least the age of majority in your country or region of residence, or that you have permission from a parent or legal guardian to use this site.
You may not use this website, its content, or its products for any unlawful or unauthorized purpose, including violations of copyright or intellectual property laws.
Any attempt to interfere with the functionality or security of the website — including the transmission of malicious code, viruses, or destructive technologies — may result in immediate termination of access to our services.
Section 2 — General Conditions
We reserve the right to refuse service, cancel orders, or limit access to the website at our sole discretion.
All content on this website — including artworks, images, photographs, logos, text, and designs — is the intellectual property of FERMIN J. and may not be copied, reproduced, distributed, resold, or used without prior written permission.
You agree not to misuse the website or exploit any portion of the service for commercial purposes without authorization.
While we strive to maintain uninterrupted access to the website, we do not guarantee that the service will always be available, secure, or error-free.
Section 3 — Product Information & Availability
a. Original Artwork
Original artworks are one-of-one physical pieces unless otherwise stated. Due to the handmade nature of traditional artwork, minor imperfections, texture variations, or material inconsistencies may naturally occur and are considered part of the artwork’s authenticity.
Availability of original works is limited and subject to prior sale.
b. Physical Prints
Physical prints may include open editions, limited editions, or collector editions depending on the product listing.
We make every effort to display artworks, tones, textures, and colors as accurately as possible. However, due to differences in screen settings, lighting conditions, printing processes, and display devices, slight variations may occur between digital previews and the final physical print.
Print sizes, borders, paper types, and framing recommendations may vary depending on the selected edition or fulfillment process.
c. Downloadable Prints
Downloadable prints are digital files intended for personal use only unless otherwise stated in writing.
Upon successful purchase, customers may receive access to downloadable high-resolution artwork files suitable for personal printing or display. No physical product will be shipped for downloadable print purchases.
Clients may not reproduce, resell, distribute, modify, share publicly, or use downloadable prints for commercial purposes without explicit written permission.
d. Commissioned Projects
Commissioned projects are custom artworks created specifically for a client based on agreed concepts, references, and project requirements.
Because commissioned artworks are personalized and made-to-order, timelines, revision processes, pricing, and deliverables may vary depending on project scope and complexity.
Additional terms regarding commissioned projects, revisions, cancellations, communication, and usage rights are outlined in Section 4 — Commissioned Projects.
All product descriptions, availability, pricing, and edition quantities are subject to change without notice.
We reserve the right to:
limit quantities purchased,
refuse or cancel orders,
discontinue products,
modify product availability,
or restrict sales on a case-by-case basis.
In the event an order must be canceled or modified, we may attempt to notify you using the contact information provided at checkout.
Section 4 — Commissioned Projects
a. Commission Acceptance
All commission requests are subject to review and approval before work begins. Acceptance of a commission indicates confidence in delivering the artwork according to the discussed concept, reference materials, and agreed expectations.
We reserve the right to decline any commission request for reasons including scheduling limitations, unclear project direction, inappropriate subject matter, or requests outside the artist’s preferred scope of work.
b. Client Communication
Clear communication is an important part of the commission process. Throughout the project, the client will receive regular progress updates, previews, and direct communication regarding the artwork’s development.
Clients are encouraged to provide feedback during these update stages to ensure the artwork remains aligned with the intended vision. Delays in communication or approval responses from the client may affect the estimated completion timeline.
c. Revisions
Minor revisions and adjustments are unlimited during the active creation process to ensure the final artwork meets client expectations and satisfaction.
Examples of minor revisions may include:
Small value or contrast adjustments
Minor detail refinements
Light texture or shading corrections
Small likeness adjustments
Minor compositional refinements
Major revisions are not included once substantial progress has already been made and may require additional charges or timeline extensions.
Examples of major revisions may include:
Changing the original concept after approval
Replacing or changing the subject entirely
Significant pose or composition changes
Large structural redraws
Requesting a different creative direction midway through production
The artist reserves the right to determine whether a requested change qualifies as a minor or major revision.
d. Artistic Interpretation
All commissioned works are created in the artist’s personal style and artistic interpretation unless otherwise agreed upon in writing.
While reference materials and client preferences are carefully considered, the client acknowledges and accepts the artist’s creative judgment and stylistic decisions throughout the process.
e. Turnaround Time
Estimated completion timelines may vary depending on project complexity, workload, revision requests, and communication speed.
Any provided completion date is considered an estimate and not a guaranteed delivery date unless explicitly agreed upon beforehand.
The client will be informed of any significant delays whenever reasonably possible.
f. Payment Terms
A non-refundable deposit may be required before work begins. Remaining balances must be completed before final high-resolution files, physical artwork, or commercial usage rights are delivered.
Failure to complete payment may result in cancellation of the commission.
g. Cancellation Policy
Clients may request cancellation before substantial work has begun. Once the commission has entered active production, deposits and completed labor are generally non-refundable.
If the artist becomes unable to complete the commission due to unforeseen circumstances, a full refund may be issued depending on the stage of completion.
h. Commercial Usage Rights
Unless explicitly agreed in writing, all commissioned works are intended for personal use only.
Commercial usage — including but not limited to branding, advertising, merchandise, monetized content, publication, reproduction, resale, or promotional distribution — requires a separate licensing agreement and may involve additional fees.
Section 5 — Pricing & Payments
Prices for artworks, prints, and services are subject to change without prior notice.
By placing an order, you agree to provide current, complete, and accurate billing and shipping information. Failure to provide accurate information may result in delays or cancellation of your order.
We reserve the right to refuse orders that appear fraudulent, unauthorized, or intended for resale without permission.
For information regarding refunds, exchanges, cancellations, or damaged items, please review our Refund Policy
Section 6 — Shipping & Delivery
Estimated shipping and delivery times are provided as general estimates only and may vary depending on destination, courier performance, customs processing, weather conditions, and other external factors outside our control.
Customers are responsible for providing accurate shipping and delivery information at checkout. We are not responsible for delays, failed deliveries, or additional fees resulting from incorrect or incomplete information provided by the customer.
International orders may be subject to customs duties, taxes, import fees, or additional charges imposed by local authorities. These charges are the responsibility of the customer.
If a shipment arrives damaged, the customer must contact us within a reasonable timeframe and provide clear photographic evidence of the damage in order to assess possible resolutions.
Once orders have been transferred to the shipping carrier, FERMIN J. is not responsible for delays, losses, or damages caused by third-party courier services.
Section 7 — Website Content & Accuracy
The information provided on this website is intended for general informational purposes only. While we aim to keep all content accurate and up to date, we do not guarantee the completeness, accuracy, or timeliness of all information presented.
Historical, archival, or past project content displayed on the website is provided for reference purposes only.
FERMIN J. reserves the right to modify, update, or remove website content at any time without obligation to update previously published information.
Section 8 — Third-Party Services & Links
This website may contain links to third-party services, websites, or tools, including payment processors, fulfillment providers, or social media platforms.
We are not responsible for the content, policies, accuracy, or practices of any third-party services. Your use of third-party websites is entirely at your own discretion and subject to their respective terms and policies.
Section 9 — User Submissions & Communications
If you voluntarily send us messages, testimonials, feedback, suggestions, reviews, reference images, or other materials — whether through email, social media, contact forms, or other channels — you grant FERMIN J. permission to review and respond to those submissions.
Unless otherwise agreed in writing, submitted feedback or suggestions may be used to improve our services, website experience, or future offerings.
You agree not to submit content that:
infringes on copyrights, trademarks, or intellectual property rights,
contains unlawful, abusive, defamatory, or offensive material,
includes malicious software or harmful code,
or falsely misrepresents identity or ownership.
We reserve the right to remove, refuse, or ignore submissions that violate these Terms or are deemed inappropriate.
Section 10 — Personal Information
Your submission of personal information through this website is governed by our Privacy Policy.
By using this website, you acknowledge that certain information — such as your name, shipping address, billing details, and email address — may be collected for the purpose of processing orders, providing customer support, and improving the website experience.
For more information, please review our Privacy Policy.
Section 11 — Intellectual Property & Artwork Rights
All artworks, drawings, photographs, prints, designs, text, branding, and website content displayed on this site are the exclusive intellectual property of FERMIN J., unless otherwise stated.
Purchasing an original artwork, print, downloadable file, or commissioned work does not transfer copyright ownership unless explicitly agreed in writing.
Collectors and customers may not:
reproduce or resell artworks commercially,
create derivative works,
use artworks for AI training datasets,
mint artworks as NFTs,
or distribute images for commercial purposes without written permission.
FERMIN J. retains the right to display commissioned works, sold originals, and reproduced prints for portfolio, promotional, archival, and marketing purposes unless otherwise agreed privately with the client.
Section 12 — Errors, Availability & Information Accuracy
Occasionally, the website may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, availability, shipping estimates, or other information.
We reserve the right to correct any errors, update information, or cancel orders if inaccuracies are discovered, including after an order has been submitted.
We are not obligated to continuously update all information displayed on the website.
Section 13 — Prohibited Uses
You may not use this website or its content:
for unlawful purposes,
to violate intellectual property rights,
to harass, abuse, threaten, or harm others,
to distribute spam, malware, or malicious code,
to scrape, copy, or reproduce website content without permission,
or to interfere with the functionality or security of the website.
Violation of these Terms may result in restricted access, canceled orders, or legal action where applicable.
Section 14 — Chargebacks & Payment Disputes
Clients agree not to initiate unjustified payment disputes or chargebacks after substantial work has begun, digital files have been delivered, or physical products have been shipped.
In the event of fraudulent disputes or chargebacks, FERMIN J. reserves the right to provide invoices, communication records, progress updates, proofs of delivery, project files, and other supporting evidence to payment processors, financial institutions, or legal authorities where necessary.
Section 13 — Disclaimer of Warranties & Limitation of Liability
This website and all products and services are provided “as is” and “as available” without warranties of any kind, either express or implied.
While we strive to provide accurate representations of artworks and reliable service, FERMIN J. does not guarantee that:
the website will always be uninterrupted or error-free,
colors displayed on screens will perfectly match physical works,
or that all services will meet every individual expectation.
To the fullest extent permitted by law, FERMIN J. shall not be liable for any indirect, incidental, consequential, or special damages arising from the use of this website, purchased products, commissioned projects, shipping delays, third-party services, or inability to access the website.
Section 15 — Termination
We reserve the right to suspend or terminate access to the website or services at any time if these Terms are violated.
Any obligations or liabilities incurred prior to termination shall survive the termination of these Terms.
Section 16 — Governing Law
These Terms of Service shall be governed and interpreted in accordance with the laws applicable within the Republic of the Philippines, without regard to conflict of law principles.
Section 17 — Changes to These Terms
We reserve the right to update, modify, or replace these Terms of Service at any time by posting revisions on this page.
Your continued use of the website following any updates constitutes acceptance of those changes.
Section 18 — Acceptance of Terms
By continuing to access this website, purchase products, or engage in commissioned services, you acknowledge that you have read, understood, and agreed to these Terms of Service.
Section 19 — Contact Information
Questions regarding these Terms of Service, orders, commissions, or other inquiries may be directed to: