OVERVIEW

This website is operated by Alejandro Mendiola. Throughout this website, the terms “Alejandro Mendiola,” “we,” “us,” and “our” refer to Alejandro Mendiola, as applicable.

Alejandro Mendiola offers this website, including the information, artwork, products, features, and services available through this website, conditioned upon your acceptance of these Terms of Service (“Terms”).

By visiting alejandromendiola.com, purchasing a product, submitting an inquiry, or otherwise using this website (collectively, the “Service”), you agree to be bound by these Terms and any additional policies referenced herein or made available on the website.

Please read these Terms carefully before using the Service. If you do not agree to these Terms, you should not use the website or purchase products through it.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to offer products and services to you.

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SECTION 1 — ELIGIBILITY AND ONLINE STORE TERMS

By using this website, you represent that you have reached the age of majority in your state or jurisdiction of residence or that you are using the Service with the permission and supervision required by applicable law.

You may not use our website, artwork, products, or services for any unlawful or unauthorized purpose.

You may not violate any applicable local, state, federal, or international law while using the Service, including intellectual property and copyright laws.

You must not transmit viruses, malicious code, or other material intended to interfere with the website or its users.

We reserve the right to suspend or terminate access to the Service for violations of these Terms.

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SECTION 2 — ORIGINAL ARTWORK

Original artwork offered through alejandromendiola.com is one-of-one unless expressly stated otherwise.

Because original works are created by hand, they may contain variations in surface, texture, brushwork, paint application, edges, materials, or other characteristics inherent to the artistic process. These characteristics are part of the artwork and are not necessarily defects.

Dimensions are provided as accurately as reasonably possible. Minor variations may occur.

Unless expressly stated otherwise, frames, display materials, props, or other objects appearing in photographs are not included with an artwork.

Availability is not guaranteed until an order has been accepted and payment successfully processed. In the rare event that an original artwork is sold through another venue before website inventory is updated, we may cancel the order and issue a refund.

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SECTION 3 — LIMITED EDITIONS AND FINE ART PRINTS

Certain works may be offered as limited-edition fine art prints or other numbered editions.

When an edition size is stated, Alejandro Mendiola will not knowingly produce additional numbered copies within that same edition beyond the stated edition quantity, except for artist proofs, printer proofs, exhibition proofs, replacement copies, or other proofs if expressly identified as such.

Where applicable, limited editions may be signed, numbered, embossed, stamped, or otherwise authenticated by the artist.

Minor variations in paper, printing, trimming, embossing, signatures, numbering, color, or other handmade elements may occur and do not necessarily constitute defects.

The edition number received may be selected at our discretion unless a specific edition number is expressly offered and confirmed at the time of purchase.

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SECTION 4 — CERTIFICATES OF AUTHENTICITY

Original artwork and certain limited editions may include a Certificate of Authenticity (“COA”).

A COA is intended to document information regarding the artwork or edition and its authenticity at the time of sale.

Where a certificate contains original drawings, marks, signatures, embossing, or other handmade elements, variations between certificates are expected and are part of their individual character.

Certificates of Authenticity should be retained with the artwork for provenance and recordkeeping.

Loss or destruction of a COA does not automatically entitle the owner to a replacement. Replacement certificates may be issued or declined at the artist’s discretion after reasonable verification of ownership and authenticity.

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SECTION 5 — COPYRIGHT AND OWNERSHIP OF ARTWORK

Purchasing an original artwork, limited-edition print, apparel item, or other product transfers ownership of the physical item purchased only.

Copyright and intellectual property rights are not transferred with the sale of a physical artwork or product unless Alejandro Mendiola expressly agrees otherwise in a separate written agreement.

Alejandro Mendiola retains all applicable copyrights, reproduction rights, licensing rights, and other intellectual property rights in his artwork and designs, including after an original physical artwork has been sold.

Ownership of an original painting does not give the purchaser the right to reproduce, manufacture, license, publish, distribute, commercially display, sell reproductions of, or otherwise commercially exploit the image represented by the artwork.

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SECTION 6 — WEBSITE AND INTELLECTUAL PROPERTY

Unless otherwise indicated, artwork, paintings, drawings, illustrations, designs, photographs, graphics, logos, symbols, product imagery, written content, videos, and other original creative materials appearing on alejandromendiola.com are owned by or used with permission by Alejandro Mendiola and may be protected by applicable copyright, trademark, and other intellectual property laws.

Without prior written permission, you may not reproduce, copy, modify, distribute, publish, license, sell, manufacture merchandise from, or commercially exploit protected content from this website except as permitted by applicable law.

You may not remove or intentionally obscure signatures, copyright notices, watermarks, trademarks, edition numbers, artist attribution, or other identifying information associated with the work.

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SECTION 7 — ARTIFICIAL INTELLIGENCE AND DIGITAL USE

Except where permitted by applicable law or expressly authorized in writing by Alejandro Mendiola, artwork and other protected creative content from this website may not be collected or used for the purpose of creating commercial datasets, training or developing artificial-intelligence models, generating unauthorized derivative commercial products, or systematically reproducing the artist’s work.

Nothing in this section is intended to restrict rights that cannot lawfully be restricted under applicable law.

Artwork may not be represented, tokenized, minted, sold, or promoted as an NFT, blockchain asset, digital collectible, or similar digital product by a purchaser or third party without prior written authorization from Alejandro Mendiola.

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SECTION 8 — PERSONAL SHARING

Collectors may photograph and share artwork they own for ordinary personal, noncommercial purposes, including displaying the work in their home or sharing photographs through personal social media accounts.

Such permission does not include the right to use the artwork to manufacture merchandise, advertise an unrelated business, imply an endorsement by Alejandro Mendiola, license the image to another party, or otherwise commercially exploit the artwork.

Artist attribution is appreciated when artwork is publicly shared.

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SECTION 9 — APPAREL, ARTIST EDITIONS, AND OTHER PRODUCTS

Certain artwork or designs may be reinterpreted through apparel, artist editions, objects, or other merchandise.

Product appearance may vary slightly from website photographs because of differences in manufacturing, printing, materials, garment construction, screen displays, and production methods.

Where a product is described as limited, limited release, numbered, or editioned, the applicable product description will control the nature and quantity of that release.

Sizing information is provided for convenience. Customers are responsible for reviewing available sizing information before purchasing.

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SECTION 10 — PRODUCT IMAGES AND COLOR

We make reasonable efforts to present artwork and products accurately.

However, photographs and digital displays cannot perfectly reproduce every physical color, texture, scale, surface, reflectivity, or material.

The appearance of an artwork or product may vary depending on lighting conditions, screen calibration, display settings, photography, and the physical environment.

Such reasonable variations do not necessarily constitute a defect or misrepresentation.

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SECTION 11 — PRICING AND AVAILABILITY

All prices are displayed in the currency identified on the website and are subject to change without notice.

Changing the price of an artwork or product does not affect an order already accepted and paid for, except where correction is permitted by applicable law because of an obvious pricing or listing error.

Products may be discontinued or quantities limited at any time.

We reserve the right to limit quantities or refuse or cancel orders when reasonably necessary, including suspected fraud, unauthorized resale activity, pricing errors, inventory errors, or violations of these Terms.

If we cancel an order after payment has been collected, the applicable amount will be refunded.

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SECTION 12 — BILLING AND ORDER INFORMATION

You agree to provide accurate, current, and complete billing, shipping, contact, and payment information.

You are responsible for verifying your shipping address before submitting an order.

We are not responsible for delays or additional costs caused by inaccurate information supplied by the purchaser, except as otherwise required by law.

Orders may be subject to payment verification and fraud-prevention review.

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SECTION 13 — SHIPPING, DELIVERY, AND DAMAGE

Shipping estimates are estimates and are not guaranteed delivery dates unless expressly stated otherwise.

Delivery may be affected by carriers, weather, holidays, customs, natural disasters, or other circumstances outside our reasonable control.

Customers should inspect artwork and products promptly after delivery.

If an item arrives materially damaged, please contact us through alejandromendiola.com as soon as reasonably possible and provide the order information, photographs of the item, photographs of the packaging, and any other information reasonably requested to evaluate the claim.

Customers should retain all original packaging while a shipping-damage claim is being reviewed.

Any remedies for lost, damaged, or delayed shipments remain subject to applicable law and our Shipping and Return Policies.

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SECTION 14 — RETURNS, REFUNDS, AND CANCELLATIONS

Returns, exchanges, refunds, and cancellations are governed by the Return Policy published on alejandromendiola.com and incorporated into these Terms by reference.

Certain products may be designated final sale, including where permitted by applicable law, original artwork, commissioned or customized works, personalized products, limited editions, or other products specifically identified as final sale.

Any applicable final-sale or restricted-return condition will be communicated in accordance with applicable law.

Nothing in these Terms or our Return Policy limits any non-waivable rights or remedies available to consumers under applicable law.

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SECTION 15 — COMMISSIONS AND CUSTOM WORK

Commissioned artwork, custom products, personalized products, or special projects may be governed by a separate written agreement.

Any separate commission agreement may establish requirements concerning deposits, payment schedules, revisions, creative discretion, completion estimates, delivery, cancellations, refunds, copyright, reproduction rights, and other project-specific matters.

Unless expressly transferred in a separate written agreement, Alejandro Mendiola retains the copyright and reproduction rights in commissioned artwork.

Where a separate written agreement conflicts with these Terms concerning a specific commissioned project, the specific written agreement will control to the extent of that conflict.

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SECTION 16 — RESALE AND PROVENANCE

Unless separately agreed in writing, purchasing artwork does not create an agency, partnership, dealership, distributorship, or representation relationship between the purchaser and Alejandro Mendiola.

A subsequent owner may physically resell an artwork they lawfully own, subject to applicable law, but may not represent themselves as an authorized representative, gallery, agent, or dealer of Alejandro Mendiola without authorization.

Edition numbers, signatures, certificates, provenance documents, labels, and other authentication materials should not be altered or falsified.

Nothing in these Terms is intended to restrict any resale right that cannot lawfully be restricted.

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SECTION 17 — OPTIONAL AND THIRD-PARTY SERVICES

The Service may provide access to third-party tools, payment processors, social media platforms, shipping carriers, or other services that we do not own or control.

Your use of third-party services may be subject to separate terms and privacy policies established by those providers.

We are not responsible for third-party websites or services except to the extent responsibility cannot legally be excluded.

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SECTION 18 — THIRD-PARTY LINKS

The website may contain links to websites operated by third parties.

The presence of a link does not necessarily constitute endorsement of the third party or its products, services, opinions, or practices.

You should review the applicable terms and privacy practices before completing transactions with third parties.

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SECTION 19 — USER SUBMISSIONS AND FEEDBACK

If you voluntarily submit reviews, comments, testimonials, photographs, or other content for publication or promotional use, you represent that you have the necessary rights to submit that material.

You may not submit material that infringes another person’s copyright, trademark, privacy, publicity, or other rights.

We may remove unlawful, infringing, abusive, fraudulent, misleading, or otherwise inappropriate submissions.

Nothing in this section transfers ownership of unsolicited artwork, creative concepts, or other intellectual property merely because it was submitted to us.

Please do not send confidential creative concepts or proprietary materials unless requested.

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SECTION 20 — PERSONAL INFORMATION

Personal information submitted through the website is handled according to our Privacy Policy and applicable law.

Please review the Privacy Policy available on alejandromendiola.com for additional information concerning how personal information may be collected, used, disclosed, or otherwise processed.

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SECTION 21 — ERRORS AND INACCURACIES

Occasionally, information on the website may contain typographical errors, inaccuracies, or omissions involving product descriptions, dimensions, pricing, edition information, availability, promotions, shipping charges, or other information.

We reserve the right to correct errors and update information and, where permitted by applicable law, cancel an affected order.

If an order is canceled after payment because of such an error, the applicable amount collected for the canceled item will be refunded.

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SECTION 22 — PROHIBITED USES

You may not use the website or its content:

(a) for an unlawful purpose;

(b) to infringe or violate intellectual property rights;

(c) to impersonate another person or misrepresent your identity;

(d) to upload or distribute malicious software;

(e) to scrape, harvest, or systematically collect website content in violation of applicable law or these Terms;

(f) to interfere with website security or operation;

(g) to conduct fraudulent transactions;

(h) to harass, threaten, abuse, or unlawfully discriminate against another person;

(i) to falsely represent yourself as affiliated with or authorized by Alejandro Mendiola; or

(j) to otherwise violate applicable law.

We may suspend or terminate access for violations of this section.

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SECTION 23 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the website and Service are provided on an “as is” and “as available” basis.

We do not guarantee that the website will always be uninterrupted, secure, error-free, or continuously available.

Nothing in these Terms excludes or limits warranties, consumer protections, or other rights that cannot legally be excluded or limited.

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SECTION 24 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Alejandro Mendiola and any applicable employees, contractors, agents, service providers, suppliers, or licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from the use of the Service or products purchased through it.

Where liability cannot legally be excluded, liability will be limited only to the maximum extent permitted by applicable law.

Nothing in these Terms is intended to exclude or limit liability where doing so would be unlawful.

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SECTION 25 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Alejandro Mendiola from third-party claims, liabilities, damages, and reasonable costs arising from your material violation of these Terms, infringement of another person’s rights, or unlawful misuse of the Service.

This provision does not require a consumer to indemnify Alejandro Mendiola for conduct for which indemnification cannot lawfully be required.

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SECTION 26 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or severed where necessary.

The remaining provisions will continue in effect.

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SECTION 27 — TERMINATION

These Terms remain effective while you use the Service.

We may suspend or terminate access to the Service where reasonably necessary because of a violation of these Terms, suspected fraud, unlawful conduct, security concerns, or misuse of the website.

Provisions that by their nature should survive termination—including intellectual property, payment obligations, disclaimers, and limitations permitted by law—will survive termination.

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SECTION 28 — ENTIRE AGREEMENT

These Terms, together with policies expressly incorporated by reference and any applicable written agreement for a specific transaction, constitute the agreement governing your use of the Service.

A failure to enforce a provision on one occasion does not waive the right to enforce that provision later.

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SECTION 29 — GOVERNING LAW

These Terms and your use of the Service will be governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law principles, except to the extent another jurisdiction’s law must apply and cannot lawfully be waived.

Nothing in these Terms limits any consumer protection rights or remedies that cannot be waived under applicable law.

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SECTION 30 — CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to the Service, our business practices, or applicable requirements.

The current version will be published on alejandromendiola.com with an updated “Last Updated” date.

Changes will apply prospectively except where otherwise permitted or required by law.

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SECTION 31 — CONTACT INFORMATION

Questions regarding these Terms, an order, artwork, copyright permissions, or the Service may be submitted through the contact method available on our website.

Website: alejandromendiola.com