Terms of service

Last updated: August 24, 2026

OVERVIEW

Welcome to OVERSCALE ART! The terms “we”, “us” and “our” refer to OVERSCALE ART, operated by Creatorskaya eCommerce LLC. OVERSCALE ART operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). OVERSCALE ART is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

Many OVERSCALE ART products are made to order and may be produced according to selected or requested specifications, including size, colour, finish or design. Because products may be custom-made, minor variations in appearance may occur between displayed images and the completed product.

We do not warrant that the appearance of any product purchased by you will be identical to how the product appears or is rendered on your screen.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Certain personalized or custom-made products may be subject to additional conditions as described in our Return & Refund Policy.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. OVERSCALE ART reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until OVERSCALE ART confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, particularly where a product includes custom specifications such as size, colour, finish or design.

Orders may be cancelled within 48 hours of placing the order, before production begins. After this period, an order may enter production and may no longer be eligible for cancellation.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made.

Your purchases are subject to return, refund or replacement solely in accordance with our Return & Refund Policy.

You represent and warrant that your purchases will comply with all applicable laws and that you will not use our products or Services for any unlawful purpose.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, applicable taxes and other charges will be handled as displayed during checkout.

For destinations we currently serve, standard shipping is provided at $0 additional shipping cost, as shipping is included in the product price.

Orders are shipped on a Delivered Duty Paid (DDP) basis where applicable, meaning applicable customs duties and import taxes for the supported destinations are handled by OVERSCALE ART rather than charged to the customer upon delivery.

Prices posted in our online store may differ from prices offered through other sales channels or third parties.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

The payment information you provide is true, correct and complete.
You are duly authorized to use the payment method provided for the purchase.
Charges incurred by you will be honored by your payment provider.
You will pay all charges incurred by you at the posted prices, including applicable taxes or other charges, if any.

SECTION 5 - SHIPPING AND DELIVERY

OVERSCALE ART currently ships to the United States and Canada.

Products are made to order by contracted manufacturing partners and are fulfilled from China.

Estimated production and handling time is 5–25 business days, Monday through Friday.

Estimated transit time is 20–50 days.

The total estimated delivery time is approximately 25–75 days from order confirmation to delivery.

Standard delivery is used for eligible orders. Large or oversized artwork and sculptures may require freight shipping.

Shipping carriers may include UPS, FedEx and other carriers, depending on the destination and size of the item.

There is no fixed daily order cut-off time. Production scheduling normally begins on the next business day after an order is confirmed.

All delivery dates and delivery times are estimates only and are not guaranteed. Customized or oversized products may require longer production or transit times and may arrive toward the upper end of the stated delivery range.

We are not responsible for delays caused by shipping carriers, customs processing, weather, transportation disruptions, incorrect delivery information or events outside our reasonable control.

Tracking information will be provided after the order has been shipped and the carrier has processed the shipment.

Please review our Shipping Policy for additional shipping and delivery information.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio and the design, selection and arrangement thereof, are owned by OVERSCALE ART, Creatorskaya eCommerce LLC, its affiliates or licensors and are protected by applicable U.S. and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent, except where permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of OVERSCALE ART, Shopify or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws.

All rights not expressly granted herein are reserved by OVERSCALE ART.

OVERSCALE ART’s names, logos, product and service names, designs and slogans are trademarks of OVERSCALE ART, Creatorskaya eCommerce LLC or their respective licensors. You must not use such trademarks without prior written permission.

Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources or content available through third-party websites.

Please carefully review third-party policies and practices and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

OVERSCALE ART is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with OVERSCALE ART / Creatorskaya eCommerce LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and OVERSCALE ART, including injury, damage or loss resulting from purchased products or services.

You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with OVERSCALE ART to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read and understood the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers that may be located in countries other than the country in which you reside where necessary to provide the Services.

Please review our Privacy Policy for more details about how personal information may be collected, used, processed and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any lawful purpose, including commercial purposes.

We may, for example, use Feedback to operate, provide, evaluate, enhance, improve and promote the Services.

You represent and warrant that:

You own or have all necessary rights to the Feedback.
You have disclosed any compensation or incentives received in connection with the Feedback where required.
Your Feedback complies with these Terms.

We are under no obligation:

To maintain Feedback in confidence.
To pay compensation for Feedback.
To respond to Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our discretion to be unlawful, offensive, threatening, defamatory, obscene, objectionable or in violation of another party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive or obscene material, or any computer virus or malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, specifications, pricing, promotions, offers, shipping information, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information where necessary.

If inaccurate information materially affects an order, we may contact you regarding the issue and, where appropriate, modify or cancel the affected order in accordance with applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, provincial, state or local laws, regulations, rules or ordinances;

(d) to harass, abuse, insult, harm, defame, intimidate or unlawfully discriminate against any person;

(e) to transmit false or misleading information;

(f) to knowingly send, receive, upload, download, use or reuse material that does not comply with these Terms;

(g) to transmit or procure the sending of unauthorized advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or which may harm OVERSCALE ART, Shopify, other users or third parties.

In addition, you agree not to:

(a) upload or transmit viruses, malware or other malicious code;

(b) reproduce, duplicate, copy, sell, resell or exploit any unauthorized portion of the Services;

(d) spam, phish, pharm, pretext, spider, crawl or scrape the Services in violation of applicable laws or restrictions; or

(e) interfere with or circumvent security features of the Services, related websites, other websites or the Internet.

We reserve the right to suspend, disable or terminate your access to the Services if we determine that you have violated these Terms, subject to applicable law.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion where permitted by applicable law.

You will remain responsible for any amounts properly due up to and including the date of termination.

The following provisions will continue to apply following termination where appropriate:

Intellectual Property
Feedback
Termination
Disclaimer of Warranties
Limitation of Liability
Indemnification
Severability
Waiver and Entire Agreement
Assignment
Governing Law
Privacy Policy
Any other provisions that by their nature should survive termination

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available primarily for general information and commercial purposes.

We make reasonable efforts to maintain accurate product and service information, but we do not warrant that all information will always be complete, current or error-free.

Any reliance you place on information provided through the Services is subject to applicable law.

Except as expressly stated by OVERSCALE ART or required by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” without representations, warranties or conditions of any kind, whether express or implied.

This may include implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement, except where such warranties cannot legally be excluded.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions limit or do not allow certain warranty disclaimers, so parts of this section may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, OVERSCALE ART, Creatorskaya eCommerce LLC, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and Shopify and its affiliates, will not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products purchased through the Services where such liability may legally be excluded.

This may include, without limitation, lost profits, lost revenue, lost savings, loss of data or replacement costs.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable consumer protection or other applicable laws.

SECTION 17 - INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless OVERSCALE ART, Creatorskaya eCommerce LLC, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees, arising from:

Your breach of these Terms of Service or documents incorporated by reference.
Your violation of applicable law or the rights of a third party.
Your unlawful access to or use of the Services.

We will provide reasonable notice of an indemnifiable claim where appropriate.

A failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced.

We may participate in or control the defense and settlement of a claim where legally permitted.

You agree to reasonably cooperate in the defense of applicable claims, including by providing relevant information and documentation.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion shall be deemed severed from these Terms of Service.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Services constitute the entire agreement and understanding between you and us regarding your use of the Services, superseding prior or contemporaneous agreements, communications and proposals concerning the same subject matter.

Any ambiguities in the interpretation of these Terms of Service shall be interpreted in accordance with applicable law.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.

Any unauthorized attempted assignment may be void.

We may transfer, assign or delegate these Terms and our rights and obligations where permitted by applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with applicable laws and the competent federal and state courts in the jurisdiction where Creatorskaya eCommerce LLC is registered, subject to any mandatory consumer protection laws that may apply to you.

Creatorskaya eCommerce LLC is registered in Wyoming, United States.

Nothing in these Terms is intended to remove any mandatory rights you may have under applicable consumer protection law.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Where required by applicable law, we will provide notice of material changes to these Terms.

Your continued use of or access to the Services following the effective date of changes to these Terms constitutes acceptance of those changes, subject to applicable law.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@overscaleart.com.

Our contact information is provided below:

OVERSCALE ART

Address: 30 N Gould St, Ste 4000, Sheridan, WY 82801, United States

Phone: +1 307 225 9201

Email: support@overscaleart.com

Customer Support Hours

Monday – Friday: 9:00 AM – 6:00 PM
Saturday & Sunday: Closed

Time Zone: (GMT-06:00) Central Standard Time (Chicago)
Response Time: We respond within one business day

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