MONÉ TERMS & CONDITIONS
1.1 MONÉ TERMS OF SALE
The website www.monegallery.com (the “Website”) is operated by Moné, an online art gallery (“Gallery,” “we,” or “our”).
1.2 EXCLUSIVELY ONLINE SERVICES
Moné operates exclusively as an online business. We utilize trusted third-party infrastructure, including Stripe for secure transactions and professional global carriers for shipping and delivery. By using our services, you acknowledge that all business, including sales, customer support, and logistics, is conducted electronically and through these third-party providers.
1.3 RELATIONSHIP OF PARTIES
Moné operates as an online marketplace facilitator and agent for the Artist. The Buyer acknowledges that Artists are independent professional contractors and not employees of the Gallery. While Moné facilitates the transaction and collects payment, Moné does not take legal title or ownership of the artwork; title passes directly from the Artist to the Buyer upon dispatch. The Gallery is responsible for managing Canadian transaction-based taxes (such as GST/HST) on the facilitation of the sale as required by law, but is not responsible for any other tax liabilities or filings arising from the relationship between the Artist and the Buyer.
1.4 AGREEMENT TO THE TERMS
By accessing the Website, making inquiries, or submitting an order, you affirm that you are of legal age and possess the authority to bind yourself (or the entity you represent) to these Terms. Your completion of a purchase or submission of an inquiry constitutes express acceptance of this agreement and serves as your electronic signature, legally binding you to these Terms.
1.5 NON-ACCEPTANCE OF TERMS
If you do not agree with these Terms, you must refrain from making a purchase, submitting an order, or otherwise interacting with the Gallery’s services.
1.6 PRIVACY POLICY ACKNOWLEDGEMENT
By engaging with the Gallery, you also consent to the processing of your personal information in accordance with our privacy policy.
1.7 JURISDICTION AND LANGUAGE
These Terms are governed by and will be interpreted in accordance with the laws of Saskatchewan, Canada. The Terms are presented in English and constitute the binding agreement between you and the Gallery.
1.8 CONTACT INFORMATION
For questions about these Terms or assistance with your purchase, please contact us at info@monegallery.com.
2.1 PLACING AN ORDER
Buyers may purchase artwork or items through the following formats:
Direct purchase via our online gallery platform, which includes a secure checkout process; or Submitting an offer or initiating a purchase by contacting us directly via email (collectively referred to as "Purchase"). For commission inquiries, buyers must email the gallery to initiate the process. In this case, the gallery will provide the necessary steps and instructions to complete the transaction.
2.2 BUYER RESPONSIBILITIES
When engaging in a Purchase, you, the Buyer, agree to the following terms:
2.3 ACCURATE AND COMPLETE INFORMATION
You are required to provide accurate and complete information when checking out or placing an order through our gallery. This includes, but is not limited to, your name, contact details, payment information, and shipping address. Providing false or incomplete information may delay or prevent the processing of your order.
2.4 REVIEWING ARTWORK DETAILS
You are responsible for reviewing all available information, including artwork details (dimensions, medium, year, etc.) before making a Purchase. Unless specifically stated that a certificate of authenticity, professional valuation, or other documentation is included, we do not guarantee such supplemental information will be provided.
2.5 ARTWORK DIMENSIONS AND IMAGES
All dimensions and details are provided to the best of our knowledge and may vary slightly. Images are for reference purposes and may not perfectly reflect the artwork’s actual colour, texture, or finish due to lighting, photography, or screen settings.
2.6 FRAMES
If an artwork is framed, the frame is provided as-is and is not considered part of the artwork. While we take care to handle all items responsibly, our gallery is not liable for the condition of the frame.
2.7 BINDING ORDERS
All orders and purchases are binding and may not be modified or revoked, except with our express written consent under certain circumstances that we, at our sole discretion, deem appropriate.
2.8 PURCHASE PRICE AND ADDITIONAL FEES
If your order is accepted or you proceed with a purchase, you agree to pay the total purchase price, which includes:
(i) the agreed-upon artwork price (the “Item Price”);
(ii) any applicable taxes or duties;
(iii) shipping, packing, and insurance costs; and
(iv) any additional fees as applicable. If the artwork is shipped internationally, the buyer may be responsible for additional customs duties or fees not included in the initial total purchase price.
2.9 PAYMENT INFORMATION
We require valid payment information (such as a credit card or bank account) to secure the purchase, and, in some cases, a deposit may be required.
2.10 FINAL AND NON CANCELLABLE PURCHASES
All purchases are final and cannot be canceled by you unless expressly provided under these terms.
2.11 COMPLETION OF TRANSACTION
You will ensure that the transaction is completed in a timely manner. This includes:
(i) paying the full purchase price by the agreed payment deadline,
(ii) providing any necessary information to complete the transaction or facilitate shipping, and
(iii) not attempting to cancel a transaction for reasons not permitted under these terms.
3.1 FULL PAYMENT REQUIREMENT
Full payment is required at the time of purchase for all orders unless explicitly stated otherwise or a payment plan has been approved in writing prior to the purchase. The total purchase price, including applicable taxes, fees, and shipping charges, must be paid immediately upon order confirmation. Payments will be considered complete once funds have been successfully processed and cleared.
3.2 PAYMENT PLANS
For orders subject to a payment plan, all terms; including the payment schedule, applicable fees, and penalties for late payments, will be detailed in a separate written agreement. Art shipments will only be initiated after full payment has been received and cleared. If a payment is declined or any issue arises preventing full payment, the order will not proceed, and the buyer will be promptly notified.
3.3 PAYMENT METHODS
Stripe: a secure third-party payment processor, to handle all transactions. Stripe employs advanced encryption and fraud protection to ensure the security of your financial information.
Accepted payment methods include:
- Visa
- MasterCard
- American Express
- Discover
- Carte Bancaires
- JCB
- Diners Club
- UnionPay
- Apple Pay
- Google Pay
Stripe supports multiple currencies, allowing for global transactions. All payment information is processed securely through Stripe, and the Gallery does not store or have access to your financial details. By completing a purchase, you agree to Stripe’s terms of service.
Wire Transfer: For high-value acquisitions or upon request, the Gallery accepts payment via Bank Wire Transfer. The following terms apply to all manual transfers:
Full Invoice Value: The Buyer is responsible for all originating, intermediary, and receiving bank fees. The Gallery must receive the full invoice amount net of all transfer charges. Any shortfall due to bank fees must be settled before the order is processed.
Currency and Exchange Rates: All transactions and transfers must be settled in United States Dollars (USD) unless otherwise agreed upon in writing by Moné. The Buyer is solely responsible for any fluctuations in exchange rates or conversion fees applied by their financial institution. The final amount received by Moné must equal the Total Purchase Price in USD; Moné is not liable for any shortfalls resulting from currency conversion during the payment process.
Payment Window: Upon receipt of wire instructions, the Buyer has two (2) business days to initiate the transfer and provide a SWIFT/MT103 receipt or transaction confirmation to the Gallery. Failure to provide proof of payment may result in the artwork being released back into general inventory.
Verification & Release: Artwork will only be released for shipment once the Gallery’s financial institution confirms that funds have fully cleared. A "pending" status or transfer receipt is not sufficient for the release of goods.
3.4 ORDER CONFIRMATION AND PROCESSING
Upon completion of an order, you will receive an email confirmation containing details of the items purchased, the total amount, shipping address. Please note, this confirmation serves as an acknowledgment of receipt of your order, but does not constitute acceptance of the order.
Manual Payment Capture & Verification: The Gallery utilizes a manual payment capture process. When you place an order, your payment method is authorized for the full amount to reserve the artwork, but funds are not immediately drawn (captured) from your account.
The Gallery reserves a period of up to seven (7) days to review the order for authenticity, fraud risk, and logistics before capturing payment. Processing will begin only after full payment has been successfully verified. This includes verifying payment details, checking for potential fraud, and confirming product availability.
Effect of Payment Authorization: If an order is declined or cancelled prior to shipment (as outlined in Section 3.5), the Gallery will void the authorization. This releases the "hold" on your funds. Because the funds were never captured, no actual refund is required; however, it may take several business days for your bank to remove the "pending" status from your statement. The Gallery is not responsible for any bank fees, currency conversion fluctuations, or interest lost while funds are under authorization hold.
3.5 ORDER CANCELLATION AND AVAILABILITY
Moné reserves the right to cancel any order at its sole discretion, including but not limited to situations where payment cannot be verified, fraudulent activity is suspected, an order is placed in bad faith, or the artwork is unavailable.
If an item is unavailable, Moné will promptly notify the Buyer and offer one of the following options: a substitute item, an estimated restock date, or a full refund. Moné’s liability is strictly limited to the return of the original USD funds received; the Gallery is not liable for any bank conversion fees or currency fluctuations occurring between the time of purchase and the refund.
3.6 ORDER MODIFICATIONS
Once an order has been confirmed, it cannot be modified or canceled except in specific circumstances (e.g., if there is an issue with stock availability or payment processing). Any such requests will be reviewed by the gallery on a case-by-case basis.
3.7 PRICE CHANGES
Prices listed on the Gallery's website are subject to change without prior notice. Due to our multi-currency system, prices and exchange rates may fluctuate daily prior to the completion of a purchase. For payments made via wire transfer, the Buyer is responsible for ensuring the final amount received by the Gallery matches the total USD invoice value, regardless of any exchange rate shifts or bank fees occurring during the transfer period. However, any price changes will not affect orders that have already been confirmed with a valid payment. Any applicable taxes, shipping costs, or fees will be clearly displayed during the checkout process and will be added to the total price of the order.
3.8 IDENTITY VERIFICATION & ANTI-FRAUD
To ensure the security of high-value transactions and maintain compliance with international trade laws, Moné reserves the right to verify the identity of any Buyer.
- Verification Requirements: Moné may require a valid government-issued photo ID and/or proof of address.
- Liveness Verification: To prevent the use of fraudulent or AI-generated documentation, Moné reserves the right to request a "liveness photo." This may include a photograph of the Buyer holding their physical ID alongside a handwritten note specifying the current date and "Moné."
- Corporate & Trust Purchases: If a purchase is made through a business, trust, or representative, Moné may require documentation identifying the individual ultimately responsible for the purchase.
- Global Compliance: Moné will not process transactions that violate international trade sanctions or involve prohibited jurisdictions. The Gallery reserves the right to cancel any order that poses a regulatory or security risk.
- Data Privacy: Any identification provided is used strictly for verification purposes. Moné handles all sensitive documentation with the highest level of confidentiality. This data is stored securely only as long as necessary to finalize the purchase and satisfy security or regulatory requirements, after which it is handled in accordance with our privacy policy.
- Order Expiry: Failure to provide requested verification within forty-eight (48) hours may result in the immediate cancellation of the order and the release of the artwork back into the Gallery's available inventory.
3.9 TRADE & REPRESENTATIVE PURCHASES
Agency & Liability: If you are purchasing Artwork on behalf of a third-party client (e.g., as an Interior Designer, Architect, or Art Consultant), you represent and warrant that you have the legal authority to bind that client to these Terms. Notwithstanding any agreement between you and your client, you (the Buyer) remain personally liable for the full payment of the Purchase Price and all associated shipping and customs obligations.
The "Importer of Record" for clients: When shipping directly to a third-party client, the Buyer is responsible for ensuring the recipient is aware of and prepared to pay all applicable Customs Duties and Taxes. The Gallery will not intervene in disputes between a Buyer and their end-client regarding unpaid duties or delivery refusal.
Third Party Disputes: The Gallery’s contract is exclusively with the Buyer. We do not provide refunds, credits, or support to end-clients. All requests for cancellations, damage claims, or inquiries must be initiated by the original Buyer of record. The 48-hour damage reporting window remains strictly in effect regardless of the delivery destination or the Buyer’s availability to inspect the Artwork personally.
Tax Exemption: Trade Buyers seeking tax exemption must provide a valid Resale Certificate prior to payment. Once an order has been placed and taxes have been collected, the Gallery will not issue refunds for sales tax under any circumstances.
3.10 DOCUMENTATION AND ADDITIONAL INFORMATION
The Buyer is responsible for providing any information or documentation requested by the Gallery to complete the transaction.
- (i) Continued Obligation: The payment of the Total Purchase Price does not relieve the Buyer of the obligation to provide any such requested information.
- (ii) No Right of Cancellation: Any delay in providing requested documentation shall not constitute grounds for the cancellation of a Purchase, nor shall it justify a delay in the payment of the Total Purchase Price.
4.1 PRICE STRUCTURE FOR ARTWORKS
Artwork prices are listed on the Website and available upon inquiry. The Gallery establishes the base value of all Artwork in United States Dollars (USD). For the Buyer’s convenience, the Gallery utilizes Stripe to offer localized pricing and checkout in supported currencies (e.g., CAD and USD) based on the Buyer's shipping destination. Once a Purchase is confirmed, the price for that specific transaction is fixed in the currency used at checkout.
4.2 CURRENCY AND SETTLEMENT
The Gallery supports localized checkout via Stripe.
- (i) Local Currency Checkout: Buyers will be charged in the currency presented to them at checkout (CAD for Canadian residents and USD for United States/International residents).
- (ii) Exchange Rates: Localized prices are calculated based on real-time exchange rates at the moment of transaction. The Gallery is not responsible for any additional "International Transaction Fees" or currency conversion surcharges applied by the Buyer’s specific bank.
- (iii) Wire Transfers: Notwithstanding the above, all manual bank transfers must be settled in United States Dollars (USD) unless otherwise agreed upon in writing. The Buyer is responsible for ensuring the final amount received by the Gallery matches the total USD invoice value, net of all intermediary bank fees.
5.1 TAX COLLECTION POLICY
By using our services, you acknowledge that all sales of artwork are subject to applicable sales taxes. Moné (the "Gallery") operates as a marketplace facilitator and is responsible for the collection and remittance of sales tax; including GST, HST, PST, or equivalent regional taxes, where required by law. The requirement to collect tax is determined by the artwork’s origin, its final destination, and the Gallery’s nexus in the relevant jurisdiction. All applicable taxes will be itemized on the Final Invoice.
5.2 IMPORT DUTIES AND BORDER FORMALITIES
For artworks shipped across international borders, the Buyer is recognized as the "Importer of Record." Artwork prices listed on the Gallery do not include local customs duties, import VAT, or carrier brokerage fees. These charges are assessed by the local authorities in the destination jurisdiction and are payable by the Buyer directly to the shipping carrier or the relevant customs office upon the artwork’s arrival.
5.3 TRANSACTIONAL RESPONSIBILITIES
Unless explicitly itemized on the Final Invoice, Buyers are solely responsible for the assessment and payment of any applicable taxes, duties, or levies, including local "Use Tax," as required by the laws of their jurisdiction. The Gallery is responsible for the collection and remittance of Transactional Taxes as required by applicable law. Buyers claiming tax-exempt status must provide proper documentation to the Gallery’s satisfaction prior to the issuance of the Final Invoice.
5.4 NO TAX ADVICE
Moné does not provide tax, legal, or accounting advice. Any tax figures or estimates provided during the sale process are for guidance purposes only and reflect the Gallery’s best-faith interpretation of current regional requirements. As tax laws are subject to change and vary based on individual circumstances, Buyers and Artists are encouraged to consult with their own professional advisors to confirm the final tax implications of their global transactions.
6.1 BUYER DEFAULT EVENT
In the event of a Buyer Default, defined as failure to pay the Total Purchase Price by the agreed Payment Deadline, reversal of any payment made, or failure to fulfill the terms of the transaction as outlined in this Agreement, Moné reserves the right to take appropriate action, including but not limited to:
6.2 FUTURE PURCHASE RESTRICTIONS
Moné may:
(a) Decline future purchase offers from the Buyer, or
(b) Require a non-refundable deposit or full upfront payment before accepting future transactions from the Buyer.
6.3 INTEREST ON OVERDUE PAYMENTS
Moné reserves the right to charge interest on overdue amounts from the Payment Deadline until payment is received in full. The interest rate shall be:
(a) 15% per annum, or
(b) The maximum rate permitted by applicable law, whichever is lower.
6.4 SALE CANCELLATION AND DAMAGES
Moné may cancel the sale of the artwork in the event of Buyer default. In such cases, any payments made by the Buyer may be retained as liquidated damages to cover administrative costs, lost opportunities, and other reasonable expenses incurred. Additionally, a cancellation fee of 15% of the artwork's Item Price will apply.
6.5 RESALE OF ARTWORK
If the artwork is resold at a lower price, the Buyer is responsible for covering the difference between the original purchase price and the resale price.
6.6 LEGAL PROCEEDINGS
Moné may initiate legal proceedings to recover any outstanding amounts, including the Total Purchase Price, interest, legal fees, and costs incurred.
6.7 SET-OFF RIGHTS AND RECOVERY
Moné may offset any outstanding amounts owed by the Buyer against any funds or credits that may otherwise be due to the Buyer from Moné, or use any previously provided payment methods to recover unpaid balances.
6.8 ADDITIONAL REMEDIES
Moné may take any other lawful action it deems necessary to protect its interests, including, but not limited to:
(a) Restricting the Buyer’s access to Moné services, or
(b) Notifying relevant parties of the Buyer’s default.
The Buyer agrees to these remedies without prejudice to any rights Moné may have or any other rights or remedies Moné may have at law or equity.
6.9 OWED AMOUNTS AND COLLECTION RIGHTS
You agree that Moné, on its own or on behalf of its affiliates, may collect any Owed Amounts arising from your use of the services or purchase of artwork by any of the following methods:
(a) Charging or debiting your Payment Method(s), including methods previously provided;
(b) Issuing an invoice for the Owed Amounts, payable upon receipt;
(c) Offsetting any Owed Amounts against amounts we owe you or have collected on your behalf;
(d) Reversing any payments previously made to you;
(e) Taking any other lawful action necessary to recover the Owed Amounts.
6.10 OWED AMOUNTS MAY INCLUDE
Owed Amounts may include but are not limited to:
(a) The Total Purchase Price of an artwork purchased by you;
(b) Applicable Moné fees, including transaction or processing fees;
(c) Taxes or other charges related to your use of the Services or the purchase or sale of an artwork;
(d) Amounts remitted to third parties on your behalf, such as shipping costs or artist resale royalties;
(e) Liquidated damages or other penalties for Buyer Default;
(f) Fees related to cancellations or returns;
(g) Legal fees, collection agency fees, or other costs incurred in recovering Owed Amounts.
Moné may take reasonable steps to recover Owed Amounts in accordance with this section and shall not be liable for any loss or damage arising from such actions.
7.1 SHIPPING COSTS AND PAYMENT
Shipping costs and any additional fees will be calculated and added at checkout or included in a custom invoice.
7.2 BUYER RESPONSIBILITIES
Buyers are responsible for all costs related to the handling and shipping of purchased artwork. This includes, but is not limited to, shipping fees, customs duties, and taxes. These costs may be reflected in the final sale price at checkout, included in a custom invoice, or required to be paid separately upon delivery, depending on the destination country's regulations.
The Buyer acknowledges that customs duties and import taxes vary by country and are determined by local authorities. As part of the Delivery Duty Unpaid (DDU) arrangement, the Buyer is responsible for paying any applicable duties and fees directly to the relevant authorities or carrier at the time of import. The exact amount of these charges may not always be known at the time of purchase.
The Buyer must ensure that all delivery information provided at the time of purchase is complete and accurate. The Gallery is not liable for any delays, additional costs, or complications resulting from incorrect or incomplete address details.
7.3 SHIPPING COSTS AND ADJUSTMENTS
Shipping fees are determined based on the artwork's size, weight, value, and destination. These fees will be disclosed at checkout or detailed in a custom invoice. Any additional costs incurred due to address modifications, inaccurate information, or other unforeseen circumstances will be the Buyer’s responsibility and will be communicated and charged accordingly.
7.4 INSURANCE AND LIABILITY
At Moné, we are committed to ensuring a smooth and secure shipping process for both Buyers and Artists. While Moné does not assume direct liability for loss, damage, or delays, we will actively assist in resolving shipping-related issues.
If an artwork arrives damaged, the Buyer must follow the claims process provided by the shipping insurance provider. If the insurance does not fully cover the value of the artwork, Moné will work closely with the Buyer to find the best solution; whether that means a replacement, restoration, or another suitable resolution.
If an artwork is lost in transit, Moné will assist in working with the Buyer to resolve the situation. A full refund may be issued, subject to the outcome of the claims process. However, if the parcel is subsequently located and delivered, the Buyer is legally obligated to repay the full purchase price of the artwork within 14 days. Failure to do so may result in legal action to recover the amount due.
Delivery is considered complete when the carrier’s tracking system records the status as "Delivered." Moné and the Artist are not responsible for any loss, theft (e.g., "porch piracy"), or damage that occurs after the carrier's "Delivered" timestamp. The Buyer is solely responsible for ensuring a secure location for delivery.
7.5 INSPECTION AND ACCEPTANCE
Buyers must inspect the artwork upon receipt and notify Moné within 48 hours of any damage concerns. If no notification is received within this period, the artwork will be considered accepted, and the sale will be finalized.
7.6 SHIPPING PROCESS AND LOCATIONS
Shipping times may vary, as artworks are carefully dispatched from different locations based on the artist’s geographical base. Each piece is meticulously packaged by the artist to ensure its safe transit and delivered through a reputable carrier. We strive for excellence in every aspect of the process, ensuring that your artwork arrives in pristine condition.
7.7 TIMEFRAME FOR SHIPPING
Dispatch Time: Original artworks are dispatched from the Artist’s location within 7 business days of order confirmation, unless otherwise specified.
Shipping Time: Once shipped, delivery typically takes 5 to 12 business days, depending on the destination.
These timeframes are estimates and may vary based on location, customs processing, or carrier delays.
7.8 TRACKING AND COMMUNICATION
Moné will provide tracking information once the shipping label has been created. Buyers are responsible for monitoring the shipment and promptly reporting any issues.
7.9 LOCAL PICK-UP
Local pick-up may be arranged by mutual written agreement between the Artist, Gallery, and the Buyer. If the Buyer chooses to physically collect the artwork, the Buyer assumes all risk of loss or damage from the moment of collection. Moné’s shipping guarantees do not apply to in-person collections.
7.10 SHIPPING DISPUTES
In the event of a shipping dispute or concerns regarding the condition of the artwork upon delivery, the Buyer must notify Moné within seven (7) days of receipt.
Moné will work with the Buyer to address and resolve the matter.
7.11 DELAYS AND ADDTIONAL COSTS
The Buyer may incur additional shipping or handling costs under the following circumstances:
Delays in paying the Total Purchase Price.
Changes to the delivery address after payment.
Failure to disclose delivery-specific factors (e.g., limited access or special handling requirements).
Failure to provide required shipping information or secure necessary permits/licenses in a timely manner.
Non-compliance with obligations under this agreement that affect the shipping process.
Moné reserves the right to adjust shipping policies as needed to ensure smooth and secure transactions.
8.1 BUYER RESPONSIBILITIES
Shipping Terms (DDU): All international orders are shipped Delivery Duty Unpaid (DDU). The Total Purchase Price includes the artwork, transportation, and only those applicable sales taxes (e.g., GST) that the Gallery is legally required to collect at the time of transaction.
Customs Duties and Taxes: The Buyer is solely responsible for all customs duties, import taxes, and any other charges or fees imposed by the exporting and importing countries. The Buyer agrees to pay (or ensure the recipient pays) any applicable duties and taxes directly to the relevant authorities or carrier when requested.
Gallery Non-Liability: These charges are not included in the purchase price. The Gallery is not responsible for estimating or collecting these charges on behalf of the Buyer. The exact amount of these fees varies by country and is determined by local customs regulations. Refusal to pay customs fees does not constitute grounds for a refund.
Import Restrictions: Buyers must ensure the purchased item complies with local import laws and restrictions, including but not limited to materials, resale regulations, or licensing requirements. The Gallery is not responsible for items seized, delayed, or destroyed by customs due to local regulations or the Buyer’s failure to secure necessary permits.
8.2 CUSTOMS AND DELIVERY
Accuracy of Information: The Buyer is responsible for providing complete and accurate shipping information, including contact details and any required documentation for customs processing, in a timely manner. The Buyer must also cooperate with customs authorities as needed to ensure timely processing. Moné shall not be held liable for any delays, issues, or costs arising from incomplete, inaccurate, or untimely information provided by the Buyer.
Permits, Licenses, and Duties: The Buyer is responsible for any applicable customs duties, taxes, or other fees imposed by the importing country. If additional permits or licenses are required for importation, the Buyer is responsible for securing them. Any delays or refusals in meeting these requirements will not entitle the Buyer to cancel the transaction or request a refund.
Delays: Cross-border deliveries may be delayed due to customs processing, which is beyond the control of Moné, the Artist, or the shipping provider. Buyers are advised to account for potential delays when placing international orders.
8.3 RETURNED SHIPMENTS (BUYER RESPONSIBILITY)
If an Item is returned for any of the following reasons:
Incorrect or incomplete shipping information provided by the Buyer; Failure to pay applicable customs duties, taxes, or fees; Failure to secure necessary permits or licenses for importation; Failure to accept delivery; Any other reason resulting in the Item being undeliverable or returned to the Artist, The Buyer agrees to the following:
8.3.1 RETURN SHIPPING COSTS AND RESPONSIBILITIES:
The Buyer is responsible for all costs and risks associated with a return, including:
- Return Shipping Fees and insurance for the return journey.
- Customs Duties, Taxes, and Import Fees related to the return shipment.
- Damage or Loss incurred during return shipping.
- Restocking Fee (if applicable) for returns due to Buyer’s error.
A returned shipment does not constitute a cancellation of the sale. Original shipping fees are non-refundable, and the Buyer remains responsible for all costs arising from a return.
8.3.2 ADDITIONAL FEES
The Buyer must cover additional charges resulting from the purchase, cancellation, or return, including; Payment processing fees, transaction fees, and currency conversion fees; Initial shipping and insurance costs.
8.3.3 RESHIPPING COSTS
If the Buyer requests the Item to be re-shipped, they are responsible for all associated costs, including but not limited to new shipping & handling fees, insurance, and any additional customs duties or taxes. The Item will not be re-shipped until all fees are paid in full.
8.3.4 VOID SALE AND FORFEITURE
If the Buyer chooses not to have the Item re-shipped or fails to pay the associated fees within thirty (30) days of the Item being returned to the Artist, the sale will be considered void. The Buyer acknowledges and agrees that the Gallery shall retain the Total Purchase Price as liquidated damages. This retention is not a penalty, but a pre-estimate of the costs incurred by the Gallery, including lost sales opportunities, storage, insurance, and administrative labor. The Buyer forfeits any further claim to the Item.
9.1 ALL SALES ARE FINAL
All sales of original artwork are strictly final. Once an order has been submitted and entered our processing system, no cancellations, refunds, or exchanges will be accepted for "Buyer’s Remorse" or change of mind. Shipping, handling, and insurance fees are service-based costs and are non-refundable under any circumstances.
9.2 ORDER CANCELLATION BY THE BUYER
If the Buyer wishes to cancel an order, they must notify Moné within 24 hours of order submission.
Gallery Discretion: The granting of any cancellation is at the sole discretion of the Gallery and depends on the current status of the order.
Administrative Fee: If a cancellation is authorized, a 15% Administrative Fee will be deducted from the refund to cover curation labor, non-recoverable processing fees, and the temporary removal of the Item from the market.
Finality: Once an Item has been prepared for shipment, crated, or the 24-hour window has passed, the sale is 100% non-cancellable and no refunds will be issued.
9.3 DAMAGED OR DEFECTIVE ITEMS
In the rare event an artwork arrives damaged, the Buyer must notify both Moné Gallery (at info@monegallery.com), the carrier, and the shipping insurance provider in writing within forty-eight (48) hours of delivery. This strict window is a mandatory requirement of our third-party insurance providers; failure to report damage within 48 hours may result in the insurance claim being denied.
If the artwork is materially different from its description, the Buyer must notify Moné Gallery in writing within seven (7) days of delivery. To support any claim, the Buyer must provide the specific documentation detailed in Section 11.3, which may include unboxing videos, high-resolution detail shots, and full-frame images of the artwork's current condition. In such cases, Moné will evaluate the situation and, at its sole discretion:
Offer a replacement, where an identical or editioned work is available; Issue a full or partial refund; or Arrange for professional restoration of the artwork by an approved conservator.
Returns will not be accepted for any other reason. For more information on the claims process and required evidence, please refer to the Moné Guarantee Section 11.
9.4 INTERNATIONAL SALES AND FINAL SALE POLICY
Moné operates on a Final Sale basis. Due to the unique, one-of-a-kind, and non-fungible nature of original artwork, all international purchases are considered final once the transaction is processed.
The Buyer acknowledges that original artworks are uniquely identified goods and are often prepared, packaged, or customized specifically for the Buyer. As such, they may be exempt from statutory "cooling-off" periods or withdrawal rights in certain jurisdictions (e.g., EU/UK Consumer Contracts Regulations, Australian Consumer Law).
In the event that a return is legally mandated by the Buyer's local jurisdiction despite our Final Sale policy, the Buyer agrees to bear all costs associated with the return, including but not limited to:
- Return Shipping and Insurance: The Buyer is solely responsible for all return shipping charges and must provide proof of full-value transit insurance covering the artwork during return transit.
- Non-Refundable Outbound Costs: Original outbound shipping fees, customs duties, import taxes, and handling charges are strictly non-refundable.
- Payment Processing Fees: Third-party payment processing fees (including credit card, Stripe, bank transfer, wire transfer, and currency conversion fees) are withheld by the provider at the time of the original transaction and will be deducted from any sanctioned refund. For international wire transfers, the Buyer is also responsible for any intermediary bank fees or correspondent bank charges incurred during the refund process.
- Re-Import Duties and Taxes: Any customs duties, taxes, or fees incurred when the artwork re-enters the artist's country of origin are the Buyer's responsibility.
- Restocking and Administrative Fees: The Buyer is responsible for all costs incurred by the Gallery to process the return, including but not limited to re-authentication, re-listing, re-packaging, and administrative processing. These costs may total 15–20% of the purchase price. Additionally, if the artwork's packaging, seals, or condition have been altered beyond what is necessary for inspection, a deduction reflecting the diminished value may apply.
All refunds, if granted, will be processed in the original currency and amount received by the Gallery in United States Dollars (USD). Moné is not responsible for any losses incurred by the Buyer due to fluctuations in international exchange rates between the date of purchase and the date of refund.
By purchasing an original artwork or commissioning a piece through Moné, the Buyer acquires ownership of the physical artwork only. The Buyer acknowledges that the Artist retains all common law and statutory copyright in the work, including all reproduction rights and the right to claim authorship. This ownership remains with the Artist even after the physical sale; the acquisition of a physical work does not constitute a transfer of any intellectual property rights.
PROHIBITED USES & DERIVATIVE WORKS
The Buyer is strictly prohibited from creating derivative works or utilizing the artwork's image for any purpose other than private or internal display. Unless prior written permission is obtained from the Artist and Moné, the following actions are forbidden:
- Reproduction: Copying, photographing for commercial use, or reproducing the artwork in any medium (digital or physical).
- Commercial Exploitation: Using the artwork for resale, print-on-demand, or promotional merchandise.
- Digital & AI Exploitation: Minting the artwork as an NFT (Non-Fungible Token) or utilizing the artwork, its metadata, or the Artist's style for machine learning and generative AI training.
- Alteration: Any physical or digital alteration, modification, or "remixing" of the artwork that compromises the Artist’s original intent or the integrity of the work.
SOCIAL MEDIA & DISPLAY
The Buyer is permitted to share images of the artwork on social media, provided the Artist is credited. The Buyer is granted the right to private or internal display of the artwork (e.g., within a private residence or a commercial space). However, the artwork may not be used as a "logo," "brand identity," or in any sponsored/commercial digital content, nor may it be featured in public-facing advertising or media productions without a specific commercial license from the Artist and Moné.
LICENSING & COMMERCIAL REQUESTS
If the Buyer intends to use the artwork for any purpose beyond private, domestic display; including inclusion in films, public exhibitions, or advertisements, they must obtain a formal license. Unauthorized use violates international copyright law and may result in legal action, with willful infringers liable for statutory damages up to $150,000 per work, plus attorney's fees.
REPORTING & ENFORCEMENT
If a Buyer becomes aware of any third-party infringement, such as "cloned" listings or unauthorized AI-replication of their purchased work, they are encouraged to report it to Moné. We work aggressively to protect the exclusivity and value of our Artist's originals.
RESALE & TRANSFER
The Buyer has the right to resell or gift the physical artwork. However, any subsequent owner remains bound by these same restrictions. The sale of the physical work to a third party does not transfer any intellectual property or reproduction rights.
By proceeding with the purchase, the Buyer agrees to these terms and understands that the physical acquisition of the work does not grant any rights to its image, likeness, or commercial reproduction.
11. MONÉ BUYER PROTECTION GUARANTEE
At Moné, we’re dedicated to delivering an exceptional buying experience. Our Guarantee ensures that the artworks you purchase meet your expectations and are as described. Should any issues arise with your artwork; whether it's misrepresented, inauthentic, damaged, or lost, we are committed to resolving the situation to your satisfaction. We will work with you to determine the most suitable solution, including a full refund, restoration, or in certain cases, a partial refund if appropriate.
11.1 ELIGIBILITY CRITERIA
To benefit from Moné’s Buyer Protection Guarantee, the following conditions must be met:
- Complete your entire transaction through Moné’s secure checkout process or via official Gallery-issued invoice for bank transfers, ensuring all communication and payment verification is handled through our gallery.
- Report any damage concerns to Moné within forty-eight (48) hours of the delivery timestamp recorded by the carrier. Misrepresentation: Report within 7 days of delivery. If the concern involves authenticity, you may report it within 180 days of receipt.
- Provide high-resolution photographic and video evidence (as detailed in Section 11.3).
- Retain all original internal and external packaging. Disposal of packaging before a claim is finalized voids this Guarantee.
- Ensure a signature is obtained upon receipt of your artwork where applicable.
You will not be covered under Moné’s Guarantee if:
- The item is returned for reasons other than damage, misrepresentation, or authenticity concerns.
- You arrange your own shipping or collection from the artist.
- The required evidence for investigating your claim is not provided within forty-eight (48) hours of delivery for damage, within seven (7) days of delivery for misrepresentation, or within one-hundred and eighty (180) days of delivery for authenticity concerns.
- You purchased the artwork through another marketplace, website, or third-party seller.
Transactions must be completed through Moné Gallery for eligibility. Purchasing outside of Moné means you forfeit all buyer protections, including refunds and support. If issues arise, Moné Gallery cannot assist with resolution or guarantee your purchase.
11.2 CLAIMS INVESTIGATION PROCESS
If an issue arises, please contact Moné’s Customer Support team at info@monegallery.com. Include your order number, a detailed description of your concern, and relevant photo evidence.
Moné will review the issue to determine if the item is significantly misrepresented or if authenticity concerns are valid. You can expect to receive a response within 1-2 business days, and we will connect with you to identify the most appropriate resolution.
11.3 GUIDELINES FOR SUBMITTING PHOTO EVIDENCE
To properly assess your claim, you must provide clear, high-quality images and/or video evidence of the issue. All photos and videos must be unedited and show the artwork in its current condition.
Required documentation:
- Video walkthrough showing the unboxing process or current condition of the artwork and packaging (strongly recommended for all claims, required for damage claims)
- Close-up images showing the specific concern in detail
- Full images of the artwork showing overall condition
- Packaging documentation: Photos of both interior and exterior packaging, shipping labels, and any visible damage to the box (required for shipping-related claims)
- Timestamp verification: Include a piece of paper with your order number and current date visible in at least one photo
Additional requirements:
- Photos and videos must be taken in good lighting
- Images must not be edited, filtered, or altered in any way
- We reserve the right to request additional evidence, including video calls or third-party inspection, if needed to verify the claim
Fraudulent claims will result in immediate denial and may lead to account suspension and legal action.
11.4 EXTENDED AUTHENTICITY PROTECTION
In the rare case you discover that your artwork is inauthentic, Moné offers an extended protection window of 180 days from the delivery date. Our protection covers:
- Fake or fraudulent works misrepresented as being by the artist.
- Significant misrepresentations that severely impact the value of the artwork.
Note: Authenticity Protection does not apply to minor inaccuracies, such as small discrepancies in measurements, edition size, or signatures. These are not considered significant misrepresentations and are not covered under this guarantee. If you have specific concerns regarding the accuracy of the listing, we recommend contacting us directly.
Claims of inauthenticity must be supported by a written opinion from a recognized and qualified expert or authority on the Artist in question. Moné reserves the right to seek a secondary independent opinion to verify such claims.
11.5 RESOLUTION OPTIONS (REFUND, RESTORATION, OR REPLACEMENT)
If your artwork arrives damaged, is significantly misrepresented, or found to be inauthentic, we will evaluate the situation and determine the most cost-effective solution. Depending on the circumstances, this may involve:
- A full refund, if the item is determined to be irreparably damaged or misrepresented.
- Restoration, carried out by an approved professional, if deemed the best option for the situation.
- A replacement, if possible, if the artwork is significantly misrepresented.
11.6 SHIPPING INSURANCE AND LOSS OR DAMAGE DURING TRANSIT
At Moné, we want you to feel confident and supported throughout your art-buying experience. If your artwork arrives damaged, you must notify Moné Customer Support and the shipping insurance provider within forty-eight (48) hours of delivery. This strict window is a requirement of shipping insurance providers; failure to report damage within 48 hours may result in the insurance claim being denied. Moné will work closely with both you and the carrier to facilitate a resolution. In the event that the insurance does not fully cover the value of the artwork, Moné will assist in finding the best solution; whether that means a replacement, restoration, or another suitable resolution.
If the artwork is lost in transit, Moné will assist in working with you and the shipping provider to resolve the situation. A full refund may be issued, subject to the outcome of the claims process with the shipping provider. However, if the parcel is subsequently located and delivered, the buyer is legally obligated to repay the full purchase price of the artwork. If the buyer fails to do so within 14 days of the delivery, Moné reserves the right to take appropriate legal action to recover the amount due.
11.7 RETURN POLICY FOR DEFECTIVE OR DAMAGED ARTWORKS
If an artwork qualifies for a refund due to damage, misrepresentation, or inauthenticity, the Buyer must return the artwork within seven (7) days of receiving confirmation of eligibility from Moné. This seven-day window commences on the date the Buyer is notified of the approval. The Buyer is responsible for securely packaging the artwork and returning it in the exact condition in which it was received.
Failure to return the artwork within this mandatory period will result in the forfeiture of the refund, unless otherwise agreed upon by Moné in writing for exceptional cases. The refund will be processed and issued only once the artwork has been successfully received and inspected by the Artist or an authorized Moné representative.
11.8 LISTING ACCURACY & LIMITATION OF LIABILITY
All artwork descriptions, including authorship, provenance, condition, and materials, are provided by the artist. While Moné curates and vets all listings, we do not physically inspect or store artworks in-house prior to sale.
Except in cases of proven lack of authenticity or significant misrepresentation as covered in Section 11.4, Moné is not liable for minor descriptive errors, artistic interpretations, or variations in measurements, color representation, or subjective condition assessments provided by the artist. Furthermore, as digital displays vary, Moné does not guarantee that the color representation on a Buyer's screen will be an exact match to the physical artwork and such variations do not constitute misrepresentation. Buyers are encouraged to contact Moné prior to purchase if they have specific concerns about a listing.
12.1 CONCEPT APPROVAL
Prior to commencement, the scope and concept of the commissioned artwork must be documented and approved by the Buyer. The approved concept, whether provided by Moné, the Artist, or the Buyer, will form the basis of the final artwork. Any changes requested after approval may result in additional fees.
12.2 ARTISTIC INTEGRITY AND QUALITY ASSURANCE
Moné ensures that all commissioned artworks and murals are executed in alignment with the approved concept and the Artist’s established style. Each commission is carried out with professional care and artistic integrity. Minor variations inherent to the artistic process are to be expected and do not constitute grounds for dispute.
12.3 NO REVISION POLICY
Once the artwork is completed, it will be considered final and as agreed upon in the initial concept and discussions. Any significant changes or requests for alterations beyond the agreed-upon scope will not be accommodated. Moné strives to ensure all parties are satisfied with the agreed-upon concept prior to commencing the project.
12.4 FINALITY OF SALE
All commissioned or custom artwork sales are final upon completion and delivery. Refunds or cancellations will not be permitted except in the following circumstances:
Significant deviations from the agreed-upon concept, as determined solely by Moné.
Inability to complete the project due to circumstances beyond the Artist’s control.
12.5 INSPECTION AND NOTIFICATION
The Buyer must inspect the completed artwork within seven (7) days of delivery or, for murals, immediately upon completion. Any issues or concerns must be communicated to Moné within this timeframe. Failure to notify Moné within the specified period will constitute acceptance of the work as delivered.
12.6 NON-REFUNDABLE DEPOSIT
A deposit of 50% is required to confirm commissioned or mural projects. This deposit is non-refundable and covers preliminary design, material acquisition, and administrative costs. Refunds will only be issued in the rare event of project cancellation by Moné.
12.7 SHIPPING AND INSTALLATION RESPONSIBILITIES
The Buyer is responsible for all shipping and handling fees unless explicitly stated otherwise in the agreement. For murals, the Buyer must ensure the site is prepared for installation (e.g., primed walls, clear access). Any delays or additional costs due to unprepared conditions will be the Buyer’s responsibility.
12.8 LIMITATION OF LIABILITY
Moné’s liability is strictly limited to adherence to the agreed-upon concept. Dissatisfaction based on subjective preferences or aesthetic changes after concept approval will not be considered grounds for a refund or revision. The Buyer acknowledges that the artistic process involves creative interpretation and trusts the Artist’s expertise.
12.9 COMMITMENT TO EXCELLENCE
Moné and the Artist are committed to delivering commissioned and mural artworks that exceed expectations. Our process is designed to foster open communication, ensuring the final artwork aligns with the Buyer’s vision while showcasing the Artist’s distinctive craftsmanship and style.
12.10 COMMISSION COMMUNICATION & ADMINISTRATION
For the duration of any commissioned work facilitated by Moné, all communications related to the commission must be conducted through Moné. Moné acts as the sole administrator of the commission process, including the coordination of communications, approvals, timelines, and dispute resolution. Creative decisions, artistic direction, and concept development remain the responsibility of the artist, subject to the agreed commission parameters.
Moné will manage written correspondence and may include the artist and Buyer as appropriate to ensure clarity and proper documentation. Any instructions, approvals, or requests communicated directly between the Buyer and the artist outside of Moné-managed correspondence shall not be binding on Moné and will not be recognized for the purposes of administering the commission.
Moné shall not be responsible for delays, misunderstandings, or outcomes resulting from communications or arrangements made outside of this process. Failure to adhere to this communication protocol does not constitute grounds for refund, cancellation, or dispute of any deposit, payment, or agreed commission terms.
12.11 COMMENCEMENT OF WORK & BUYER RESPONSIVENESS
Pre-Commencement Requirement: Work on commissioned or custom artworks will not begin until the Buyer has submitted all required materials and provided written approval to proceed. Payment of the deposit confirms the commission but does not automatically start the project.
Response Obligations: The Buyer must respond to all reasonable requests for approvals, feedback, confirmations, or required information necessary for the completion of the project within five (5) business days, unless the Buyer has previously communicated that they are temporarily unavailable (e.g., on holiday or away from email). If the Buyer fails to respond within this period, the project will be placed on hold, and production timelines adjusted accordingly. Artist availability cannot be held during periods of non-response.
Non-Responsiveness and Cancellation: If the Buyer remains unresponsive for fourteen (14) calendar days, without having provided notice of temporary unavailability, Moné reserves the right, at its sole discretion, to cancel the commission. The deposit is non-refundable. Cancellation due to prolonged non-responsiveness will be considered an abandonment of the project, and Moné and the Artist have no obligation to commence, complete, or deliver the artwork.
Project Milestones, Approvals & Revisions: Each stage of the project may require Buyer approval before proceeding to the next stage. Delays in providing required approvals at any stage may pause the project and affect expected delivery timelines. Requests for revisions or changes beyond the initially approved concept do not reset response deadlines unless otherwise agreed in writing. Moné may, at its discretion, extend response deadlines in cases of unforeseen circumstances communicated by the Buyer.
12.12 DISPUTE RESOLUTION
In the rare event of a disagreement regarding adherence to the agreed-upon concept, Moné will act as the sole arbitrator to determine whether the project aligns with the initial approval. Moné’s decision will be final and binding.
12.13 SETTLEMENT OF BALANCE
The remaining fifty percent (50%) of the project fee, plus any applicable shipping or installation costs, must be paid in full upon completion of the artwork and prior to its release or shipment. Moné will not authorize the delivery or installation of any commissioned work until the final balance has been settled.
13.1 RESTRICTIONS ON RESALE
The Buyer agrees that any artwork purchased from Moné may not be offered for resale until the Total Purchase Price has been paid in full, and the Buyer has taken both legal ownership and physical possession of the artwork. The Buyer may not sell or transfer the rights to an artwork before it has been delivered and accepted.
13.2 NOTIFICATION REQUIREMENT
Before reselling any artwork, the Buyer must notify Moné in writing of their intent to resell, including details of the proposed sale. This notification must occur at least 14 days before the intended resale.
13.3 ATTRIBUTION AND REPRESENTATION
The Buyer agrees that in any future resale, the artwork must be properly attributed to the original artist, and its condition, provenance, and other relevant details must be accurately represented.
13.4 ARTIST RESALE RIGHTS
The Buyer acknowledges that in certain jurisdictions, the Artist may be legally entitled to a royalty payment (a percentage of the sale price) upon the resale of the artwork. The Buyer agrees to comply with all applicable local laws regarding Artist Resale Rights and the payment of any royalties due at the time of a future sale.
14.1 LIMITATION OF LIABILITY
Moné will not be liable for any losses, including consequential, indirect, incidental, special, exemplary, or punitive damages, whether arising from breach of contract, tort (including negligence), or any other legal theory, even if such losses arise directly or indirectly in connection with these Terms. Any liability, if applicable, will be limited to the purchase price of the relevant product and will only cover losses that were reasonably foreseeable at the time your order was accepted. Losses are considered foreseeable if they could have been anticipated by both the buyer and Moné at the time of purchase. Moné’s liability for any loss or damage will be reduced or limited to the extent, if any, that you caused or contributed to the loss or damage.
14.2 UNAUTHORIZED PAYMENT METHOD USE
Moné shall not be held responsible for any losses or damages resulting from the unauthorized use of the Buyer’s payment method during the checkout process. It is the Buyer’s sole responsibility to notify their payment provider and relevant authorities in the event of fraudulent activity.
14.3 OPPORTUNITY TO REMEDY
Before the Buyer undertakes any legal or formal action to resolve an issue for which Moné may be liable, the Buyer must provide Moné with a reasonable opportunity (no less than 30 days) to address the matter and offer a suitable remedy.
14.4 FORCE MAJEURE
Moné will not be held responsible for delays or failures in performance due to events beyond its reasonable control, including, but not limited to, natural disasters, strikes, pandemics, war, governmental actions, or any other unforeseen circumstances. In such events, the Buyer’s transaction may be delayed or canceled. If this occurs, Moné will work to provide a fair solution, which may include a refund or an alternative arrangement, at Moné's sole discretion.
The Website and all intellectual property rights associated with it, including but not limited to its content, artworks, and any other materials, are owned or licensed by Moné and the respective artists represented in the gallery. Nothing in these Terms grants you any rights to the Website or the artworks, other than those necessary to access and view the Website for personal, non-commercial use. Any use of the checkout or Website for purposes other than your personal, non-commercial use is strictly prohibited.
You further acknowledge that any other use of the materials, artworks, or content from the Website is prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works from such materials, artworks, or content, unless authorized by Moné or the respective artist.
16.1 GOOD FAITH NEGOTIATIONS
Any disputes or claims between you and Moné that arise out of or in connection with these Terms of Use, including issues regarding artwork purchases or related services, will first be addressed through informal good-faith negotiations. Both parties agree to attempt to resolve any dispute amicably through communication and discussion before resorting to further legal processes.
16.2 SMALL CLAIMS COURT
If the dispute is not resolved through good-faith negotiations, either party may bring the dispute to Small Claims Court in Saskatoon, Saskatchewan, Canada provided the dispute falls within the monetary jurisdiction and limits set by the court.
16.3 INDIVIDUAL CLAIMS
Any claims or disputes between you and Moné will be handled solely between the named parties and not as part of any class, consolidated, or representative action unless agreed upon in writing by both parties following the initiation of the dispute.
16.4 LIMITATION OF CLASS ACTIONS
You agree that any dispute resolution proceedings will be conducted on an individual basis, and not as part of a class, representative, or private attorney general action. This provision does not preclude your participation in a class action filed before the date of this agreement, nor does it apply to the extent such waiver is prohibited by law.
16.5 GOVERNING LAW AND VENUE
This agreement, including any disputes arising from it, will be governed by the laws of Saskatchewan, Canada, without regard to any conflicts of law. If applicable, consumer protection laws of the Buyer’s jurisdiction will take precedence.
16.6 EQUITABLE RELIEF
Moné retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or other proprietary interests, notwithstanding the dispute resolution process.
16.7 WAIVER OF JURY TRIAL
By agreeing to these Terms of Use, you and Moné waive any right to a jury trial for any claims arising out of or relating to these Terms of Use or any dispute between the parties.
16.8 LIMITATION OF ACTIONS
Any claim arising from this agreement must be filed within one (1) year after the cause of action accrues, or it will be permanently barred, unless otherwise required by law.
17.1 COMMUNICATIONS
All communications will be conducted in English and electronically, either via email or other electronic posting methods.
17.2 AMENDMENT OF TERMS
Moné reserves the right to amend or modify these Terms at any time. Any changes will take effect upon being posted on the Website or at checkout and will apply to all future transactions. Orders placed before such modifications will remain subject to the Terms in effect at the time of purchase. By continuing to use the Website or complete transactions after any amendments are posted, the Buyer acknowledges and agrees to be bound by the updated Terms of Sale.
17.3 WAIVER
Any failure by either party to exercise or enforce any right or provision of these Terms does not constitute a waiver, meaning the right or provision can be enforced at a later time.
17.4 ASSIGNMENT
These Terms, or any part thereof, may be assigned by Moné to a third party without your consent. However, this assignment will not affect your rights or obligations. A person who is not a party to these Terms shall have no right to enforce any part of these Terms, except where explicitly stated otherwise.
17.5 DISCLOSURE OF INFORMATION
Moné reserves the right to process and, where necessary, disclose any information related to your Order, as required by applicable law, regulation, legal process, or governmental request. This may include (i) satisfying legal or regulatory requirements; (ii) enforcing these Terms; (iii) preventing fraud, security issues, or other technical concerns; (iv) supporting customer requests; or (v) protecting Moné’s legitimate interests. Buyers have the right to request access, correction, or deletion of their personal data by contacting Moné at info@monegallery.com.
17.6 THIRD-PARTY LINKS
The Website and/or checkout may contain links to third-party websites or services that are not controlled by Moné. Moné is not responsible for and assumes no liability for the content, privacy policies, or practices of third-party websites. You are solely responsible for your interactions with these websites and release Moné from any liability arising from your use of third-party websites. You are encouraged to read the terms and conditions and privacy policies of any third-party websites you visit.
17.7 ENTIRE AGREEMENT
These Terms represent the entire agreement between the Buyer and Moné regarding the subject matter of an Order. No other representations or promises, verbal or written, shall be binding unless included herein.
17.8 SEVERABILITY
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will be deemed severable, and the remaining provisions will continue in full force and effect. If any provision is deemed unenforceable, you agree to replace it with a lawful provision that reflects the original intent of the parties as closely as possible.
17.9 CONTACT INFORMATION
If you have any questions or concerns about Moné or require assistance with your Order, the Website, or these Terms, please reach out to Moné Customer Service at info@monegallery.com.


