Terms and Conditions

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Effective Date: May 16, 2025
KGS Studios, San Antonio, Texas

These Terms and Conditions (“T&C”) govern purchases of products and services through kgsstudios.com or in-person. By ordering or scheduling, you agree to these terms.

1. Orders and Payment
2. Artistry Approval
3. Return and Refund Policy
4. Shipping
5. Product Descriptions
6. Satisfaction Guarantee
7. Copyright and Image Use
8. Privacy and Data
9. Inventory Management
10. Travel and Locations
11. Frames and Accessories
12. Governing Law and Disputes
13. Contact

1. Orders and Payment {#orderspayment}

Full payment is required to start orders. The following terms apply:

Limited Edition Prints: Orders are placed via kgsstudios.com. Full payment is due at checkout. A T&C agreement checkbox links to this page during Wix checkout. All sales are final; no cancellations are permitted post-purchase.
Portrait Sessions: Unlimited sessions include unlimited time and attempts for portrait creation, excluding original files, physical property, or additional services beyond the invoice. Full payment is due upon commissioning. All sales are final; no cancellations are permitted post-consultation.
Gift Certificates:
- Holders receive a complimentary portrait or print credit, mailed at our expense. Restricted to in-person portrait sessions.
- Non-transferable, non-combinable, and not redeemable for cash or accessories. Regifting is approved case-by-case. No expiration date; all certificates are honored.
- A refundable reservation fee is required to book sessions (waivable at our discretion). Refunds are issued post-session if no purchases are made. Cancellations within 14 days forfeit the fee unless rescheduled via phone.
Pricing: Prices are displayed at checkout or session start (Tex. Bus. & Com. Code § 17.46(b)(11)).

2. Artistry Approval {#artistryapproval}

Portrait sessions require your approval at proofing and pickup stages. Prints typically do not require approval.

Portrait Sessions:
- Proof Approval: Post-session, you must review and sign a proof approval form (digital or physical) confirming artistry. Production requires your approval; unapproved orders are void. Delays may extend lead times.
- Final Acceptance: At pickup, you must inspect the portrait and sign a final acceptance form, confirming satisfaction or noting corrections. We will address issues per our satisfaction guarantee.
Limited Edition Prints: No approval process unless specified for custom orders.

3. Return and Refund Policy {#returnrefund}

No refunds are offered for custom items. Damage claims for prints must be made within 7 days of delivery. Reservation fees are refunded post-session if no purchases are made.

Limited Edition Prints:
- Unlimited Editions: No refunds; all sales are final. Damage claims must be made within 7 days of delivery, subject to inspection. Contact us at support@kgsstudios.com to initiate. Refunds are issued as store credit within 7 business days, minus shipping costs.
- Limited Editions: No refunds; all sales are final. Damage claims must be made within 7 days of delivery, subject to inspection.
Portrait Sessions: No refunds or cancellations for custom portraits. Non-purchasers owe nothing. We address concerns via our satisfaction guarantee.
Reservation Fee: Refunded post-session if no purchases are made. Non-refunded for cancellations within 14 days unless rescheduled via phone.

4. Shipping {#shipping}

Shipping costs and timelines are disclosed at checkout. Lead times vary. International duties are your responsibility.

Limited Edition Prints: Costs and timelines are displayed at checkout. We use a carrier with tracking. Risk of loss transfers upon delivery to the carrier. International orders may incur duties, taxes, or fees, which are your responsibility (Tex. Bus. & Com. Code § 17.46(b)(24)).
Portrait Sessions: Free mailing for gift certificate portraits via a carrier with tracking. Other portraits incur fees as specified in the invoice, with costs and timelines disclosed. International orders may incur duties, taxes, or fees, which are your responsibility.

5. Product Descriptions {#productdescriptions}

We provide descriptions of prints and portrait sessions, focusing on their archival quality.

Limited Edition Prints: Archival-quality prints, produced in limited editions, accompanied by a Certificate of Authenticity (COA) detailing edition number, artist signature, and date.
Unlimited Edition Prints: Non-custom prints available in unlimited quantities, with an optional COA upon request.
Portrait Sessions: Unlimited sessions include photography and a projection session to select sizes/frames. Portraits are preservation-coated for archival quality.

6. Satisfaction Guarantee {#satisfactionguarantee}

We guarantee artistry, printing, mounting, and framing for 90 days, with extended coverage for latent defects, requiring documentation.

Scope: We guarantee artistry, printing, mounting, and framing for 90 days. Issues identified during proof approval or final inspection are fixed at no cost upon submission of proof of purchase and inspection documentation. For latent defects, we will repair or replace, provided the product is maintained in accordance with standard archival practices. If unresolved, we offer a new session, portrait, and store credit.
Safeguards: Artistry must be approved via proof approval or final acceptance at pickup. Claims must be submitted within 90 days for artistry issues or 7 days for delivery damages, with documentation.
Limitations: Excludes bad-faith claims, mishandling, or changes to approved artistry post-delivery. Implied warranties are disclaimed per Texas law (Tex. Bus. & Com. Code § 17.50).
DTPA Notice: You may have rights under the Texas Deceptive Trade Practices Act. Contact us within 60 days before filing suit (Tex. Bus. & Com. Code § 17.50A).

7. Copyright and Image Use {#copyrightimageuse}

We own all images. Photography during sessions is prohibited. You may opt out of image sharing.

Ownership: All images are copyrighted by KGS Studios. Reproduction or sharing without permission is prohibited.
Photography Restrictions: Photography by clients during sessions is prohibited to protect our copyright. Violations may result in session termination and legal action.
Image Sharing Permission: We may showcase your portrait in marketing, never using your name without voluntary testimonial consent. You may opt out via written notice; images will be removed within 30 days where feasible.

8. Privacy and Data {#privacydata}

We share product data with GMC and retain data for 1 year. Your privacy rights are protected.

Data Sharing: Product data is shared with Google Merchant Center for listings.
Retention: Data is retained for 1 year post-order or as required by law.
Consumer Rights: See our Privacy Policy for details. You may have DTPA rights; contact us to resolve concerns.

9. Inventory Management {#inventorymanagement}

We manage limited stock with real-time updates and track editions for transparency.

Custom Production: Most products are created post-payment, with limited stock managed via real-time updates to prevent overselling.
Limited Editions: Edition limits ensure exclusivity, tracked in our master database.

10. Travel and Locations {#travellocations}

We offer sessions in San Antonio and other locations, with disclosed travel terms.

San Antonio: Primary studio for portrait sessions.
Other Cities: Studio rentals for commissioned sessions incur negotiated travel and location fees. In-kind auction donations require group bookings.
Transparency: Travel terms are disclosed (Tex. Bus. & Com. Code § 17.46(b)(23)).

11. Frames and Accessories {#framesaccessories}

Frames and lights are available at additional cost, with pricing disclosed at the session.

Availability: Museum-grade frames and premium lights are available for purchase at additional cost, with pricing disclosed at the session.
Transparency: Pricing complies with DTPA requirements (Tex. Bus. & Com. Code § 17.46(b)(11)).

12. Governing Law and Disputes {#governinglaw}

Texas law governs. Disputes require mediation in San Antonio.

Governing Law: Governed by Texas law (Tex. Bus. & Com. Code § 17.41 et seq.). We comply with applicable laws, including Google Merchant Center requirements.
Mediation: Disputes require 30-day mediation in San Antonio before court action. Liability is limited to amounts paid.
Consumer Notice: Contact us to resolve issues. DTPA suits require 60-day notice (Tex. Bus. & Com. Code § 17.50A).

13. Contact {#contact}

For questions or concerns, contact us:

Email: support@kgsstudios.com
Address: KGS Studios, 107 Blue Star, San Antonio, TX 78204, United States

Updates to this T&C will be posted here.