Terms of service (purchases and website use)

Last Updated: July 7, 2025

Welcome to MereteMowinckel.com. These Terms of Service (“Terms”) govern your access to and use of our website (meretemowinckel.com) and apply to any purchase of physical artwork through the site. By browsing our site or placing an order, you (“customer”, “user” or “you”) agree to be bound by these Terms. Please read them carefully. If you do not agree with any part of these Terms, you should refrain from using our website or services.

For your convenience, we have organized these Terms into sections:

1. General Conditions of Use

  • Eligibility: By using this Site or making a purchase, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) or, if you are under 18, that you have obtained permission from a parent or legal guardian. If you are a minor, your parent/guardian must review and agree to these Terms on your behalf. You agree to use the site only for lawful purposes and in accordance with these.

  • Site Availability: We reserve the right to modify, suspend, or discontinue any part of our website or services at any time without prior. We are constantly improving our site, so content and features may change. We will not be liable if for any reason our site is unavailable at any time. We may also update information (such as art listings or prices) without notice to correct errors or reflect changes.

  • Account (If Applicable): If the site allows account registration, you are responsible for maintaining the confidentiality of your login credentials and for any activity under your account. Please use a strong password and notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage from your failure to secure your account. We may terminate or suspend accounts that violate these Terms or that are inactive or suspected of fraudulent use.

  • Prohibited Conduct: You agree not to misuse the site. This includes not engaging in or attempting any of the following:

    • Interfering with the security or proper functioning of the website, introducing viruses or malicious code, or attacking the site (e.g. via denial-of-service) – such actions are strictly forbidden.

    • Using the site to commit fraud or false pretenses (for example, providing false information in an order).

    • Copying, scraping, or harvesting data from the site without permission (except as allowed by law for search engine indexing).

    • Any illegal activities or any activity that infringes on the rights of others.
      We reserve the right to restrict or terminate access for users who engage in prohibited behavior, and to take appropriate legal action if necessary.

  • Privacy: Your use of our site is also subject to our Privacy Policy (see above) which details how we collect and use your personal information. By using the site or ordering products, you consent to the processing of your information as described in the Privacy.

2. Products and Orders

  • Availability: All products (original artworks, prints, or other items) are subject to availability. Because many artworks are one-of-a-kind, an item may become unavailable if it is sold to someone else before the website is updated. We make every effort to keep our online inventory up to date. If you purchase an item that, due to error or timing, has already been sold or is otherwise unavailable, we will inform you as soon as possible and refund any payment made.

  • Placing an Order: When you place an order through our website, you are making an offer to purchase the selected item(s) under these Terms. After you submit an order (by completing the checkout process and payment), we will send an order confirmation email acknowledging receipt of your order. This confirmation is not our final acceptance of your offer; it is an acknowledgment that we received your order request.

  • Order Acceptance: A binding sales contract is formed when we accept your order. Order acceptance occurs when we have verified the order (ensuring the item is in stock and payment has cleared) and sent you a confirmation that the item will be shipped (or is ready for pickup, if applicable). We reserve the right to accept or decline any order in our discretion. For example, we may refuse an order if:

    • The item is mispriced or described incorrectly due to an error.

    • The item is no longer available or in stock.

    • We detect any irregularities or suspect the order may be fraudulent.

    • Your payment was not authorized.
      If we have to cancel your order (in full or in part) after you’ve been charged, we will issue a refund for the canceled amount promptly. You will be notified via email if an order (or any part of it) is canceled. Once we confirm your order by email (or ship the product), that constitutes our acceptance and the contract is finalized.

  • Order Modifications: If you need to make a change to your order (such as updating the shipping address) after placing it, please contact us immediately. We will do our best to accommodate changes if the order has not yet been shipped. However, if the item is already dispatched, we might not be able to reroute it and you might need to wait for delivery and then possibly process a return (see Returns section). Custom or made-to-order items cannot be modified once production has begun.

  • Right to Refuse Service: We reserve the right to refuse service, terminate accounts, or cancel orders at our reasonable discretion if we believe a customer violates these Terms or is engaged in fraudulent or harmful activity. In such cases, we will refund any payment for goods not provided.

3. Pricing and Payment

  • Prices: All prices for artworks are listed on the website in the indicated currency. (If not explicitly stated, prices are likely in EURO. Prices are excempt of VAT.

  • Price Changes: We reserve the right to change the prices of our products at any time. However, the price that was displayed at the time you placed your order is the price you will pay (assuming no obvious error). If a pricing error is discovered (for example, a piece listed at an incorrect price due to a typo), we will contact you with the correct price and you will have the option to proceed with the order at the correct price or cancel for a full refund. We are not obligated to fulfill orders for items priced incorrectly if the pricing error was obvious and could reasonably have been recognized by you as a mistake.

  • Payment Methods: We accept major payment methods, including credit/debit cards (such as Visa, MasterCard, American Express) and any other payment options indicated at checkout. All online payments must be made in full at the time of purchase – we do not offer cash on delivery or post-pay for online orders. Our payments are processed through Stripe, which is a secure payment gateway. By providing your payment information, you represent and warrant that you are authorized to use the payment method and that you authorize us (and our payment processor) to charge the full order amount (including any applicable shipping fees and taxes) to that payment method.

  • Payment Security: The checkout process on our site is encrypted to protect your payment information. Stripe as our payment processor is PCI-DSS compliant, ensuring industry-standard security for processing your payment. We do not store your full credit card number or CVV on our systems. (See our Privacy Policy for details on data handling.)

  • Billing Information: You agree to provide current, complete, and accurate purchase and account information. If the payment is declined or if the information you provided is incorrect and results in inability to process payment, your order may not be completed. We reserve the right to cancel orders if payment is not successfully processed or if fraud is suspected. If such a cancellation occurs, we will inform you and no charge will be made (or any charge already made will be refunded).

  • Customs and Import Duties: If you are purchasing from outside of our home country, please be aware that the price you pay to us do not include any import duties, taxes, or fees that your local customs authority may impose. You (the customer) are responsible for any customs fees or taxes payable upon importing goods into your country. We have no control over these charges and cannot predict their amount – for details, you should check with your country’s customs office. We will not mark shipments as “gifts” or understate values, as that is against the law.

4. Shipping & Delivery

  • Shipping Regions: We ship physical artwork worldwide (to all countries where such shipments are allowed). Note that some large or valuable artworks might have special shipping arrangements, which will be indicated on the product page or coordinated with you after purchase. If we are unable to ship to your location for any unforeseen reason, we will contact you to discuss alternatives or refund your order.

  • Processing Time: Once your order is placed and payment confirmed, we typically process and dispatch it within a reasonable timeframe. Because artwork often requires careful packaging:

    • In-stock artworks are usually prepared for shipment within 3-7 business days. We take time to securely pack art to ensure it arrives safely.

    • If an item is a print-on-demand or made-to-order (this will be indicated if applicable), the production may add extra days or weeks – we will provide an estimate on the product page or via email.

    • We will notify you when your order has shipped, along with any available tracking information.

  • Delivery Time: Shipping times will vary depending on your location and the shipping method:

    • Domestic (Norway): Typically delivered in 2-5 business days after dispatch.

    • International (Europe): Usually 5-14 business days after dispatch.

    • International (Outside Europe): It can range from 1-3 weeks or more, depending on distance and customs processing.
      Please note these are estimates and not guaranteed, as delays can occur due to postal service issues, customs clearance, or other factors beyond our control.

  • Packaging: We take great care in packaging artworks. Paintings, prints, or other art will be protected with appropriate materials (protective wrapping, padding, sturdy box or tube as needed). Please unpack artwork carefully upon arrival, especially if using sharp tools to open, to avoid accidentally damaging the art inside.

  • Customs Clearance: For international shipments, your package will include an invoice or customs declaration showing the value and nature of the item (e.g., “Artwork” or “Painting”). This is required by law. Customs in your country may hold the package until any import duties/taxes are paid (as mentioned in Pricing, those are your responsibility). We are not responsible for delays due to customs processing.

  • Tracking: Once shipped, we will provide you with a tracking number if available. You can use this to track the progress of your delivery on the carrier’s website. Note that some postal services may not offer detailed tracking for international standard shipping; in such cases we will provide whatever information we have.

  • Failed Delivery: Please ensure the shipping address you provide is correct and accessible. If a package is returned to us because of an incorrect address or because it was unclaimed (for instance, you were not available and did not pick it up from the post office in time), we will contact you. Re-shipping the item may incur additional shipping fees.

  • Risk of Loss: All purchases of physical items are made pursuant to a shipment contract. This means that the risk of loss or damage passes to you once we deliver the package to the carrier. However, we insure most shipments for their value, and we will assist you in the event of any shipping mishap. If the product arrives damaged, please see the Returns & Refunds section for how we handle that (generally, we’ll either replace if possible or refund, and handle the insurance claim with the carrier ourselves).

  • Delays: We are not responsible for delivery delays due to events outside our control, such as customs delays, postal strikes, natural disasters, or courier logistical issues. We will, however, help in communicating with the carrier if a delay occurs and keep you informed. If a package seems significantly delayed, feel free to contact us and we can assist in tracking it down.

5. Returns, Cancellations & Refunds

We want you to be fully satisfied with your purchase. However, due to the nature of art (often unique pieces) and legal requirements, our return policy is as follows:

  • Right of Withdrawal (EU Customers): If you are a consumer in the European Union (or EEA), you have a legal right to withdraw from the purchase contract within 14 days of receiving the goods, for any reason (or no reason). This is your statutory “cooling-off period.” To exercise this right, you must inform us of your decision to cancel within 14 calendar days of the date you received the product. You can do so by contacting us via email with a clear statement that you wish to return the item. We will then provide instructions for the return.

    • Condition of Return: You must send back the artwork in its original condition and packaging (or equivalent secure packaging) without undue delay, and at latest within 14 days of notifying us of the withdrawal. The item should be in the same condition as you received it (undamaged and resaleable).

    • Return Shipping Costs: Unless we agree otherwise, you (the customer) are responsible for the return shipping costs for a withdrawal return. We strongly recommend using a trackable and insured shipping method for returns, because if the item is lost or damaged on the way back, we may not be able to refund it in full.

    • Refund Process: Once we receive the returned item and verify its condition, we will issue a refund for the original purchase price within 14 days. However, if the value of the item has been diminished (e.g., you handled it beyond what is necessary to inspect it, or it returned damaged due to insufficient packaging), we may deduct an amount from the refund to account for the loss in value. We will communicate with you if that situation arises.

    • Exceptions: The 14-day withdrawal right does not apply to custom-made or personalized items that we produced on your request (for example, a commissioned painting made specifically for you, or a custom print in a specific size that we don’t normally offer). If such custom work was done, we cannot accept returns unless it arrives damaged/defective (see below). We will inform you if an item is considered custom and non-returnable before you order it.

    • To simplify: for standard sales of our existing artworks, EU customers can change their mind within 14 days of receiving it. For commissions or personalized orders, we cannot accept change-of-mind cancellations once work has started.

  • International Returns (Non-EU): For customers outside the EU, while the statutory 14-day cooling-off may not apply, we still want you to be happy. If you are unsatisfied with an artwork for any reason, please contact us within 14 days of receipt, and we will work with you. Depending on the case, we may allow a return on a case-by-case basis. However, please note:

    • You will likely be responsible for return shipping.

    • We may not refund original shipping if it’s a case of buyer’s remorse (except where required by law).

    • If you are in a country with consumer protection laws mandating a cooling-off period (some do have similar laws), we will, of course, abide by those.

  • Damage or Defective Items: We take great care in packaging, but if your artwork arrives damaged or if there is some defect:

    • Please notify us within 48 hours of delivery (or as soon as reasonably possible) with a description of the issue and photographic evidence of the damage/defect. Keep all packaging materials, as they might be needed for an insurance claim with the carrier.

    • We will work with you to resolve the issue. Depending on availability and your preference, we may offer a replacement (for example, if it was a print) or a repair (if feasible), we will not be issuing refunds for damaged goods.

    • For approved damaged-item returns, we will cover the return shipping or may not require a return of a severely damaged item (e.g., if it is not salvageable). Instructions will be provided case-by-case.

    • Note: Minor variations or imperfections that are inherent to the artistic process (e.g., slight color variations, brushstroke textures) are not considered “defects” but part of the artwork’s character, as each piece is handmade. Our focus is on addressing clear damage (like cracks, deep scratches, or a wrong item sent).

  • Refund Method: All refunds will be credited to the original payment method used for the order. If you paid by credit card, the refund will go back to that card; if via bank transfer or other, we will coordinate details with you. Please allow some time for the refund to reflect in your account, as processing times can vary by bank or issuer.

  • Order Cancellation (before shipping): If you change your mind immediately after placing an order, please contact us as soon as possible. If we haven’t shipped the item yet, we can cancel your order and issue a full refund. However, if the item has already been shipped or delivered, then it falls under the return policy rather than a pre-shipment cancellation.

  • All Sales Final (for certain items): In general, aside from the above policies, note that custom commissioned works are final sale (non-refundable once produced, outside of damage). If at some future time we sell digital products or downloadables, those would also likely be final sale (due to their nature). We will clearly indicate if any item is sold under a “no returns” condition. (Again, this does not override your legal rights where applicable.)

  • How to Initiate a Return/Withdrawal: To start a return or exercise your right of withdrawal, please email us at [contact email] with your order number, the item you wish to return, and the reason (optional for standard return, but required if damaged). We will reply with confirmation and further instructions (return address, etc.) promptly.

We aim to make our customers satisfied, so please reach out if you have any issue with your order, and we will do our best to make it right.

6. Intellectual Property and Content Usage

  • Ownership of Website Content: All content on the MereteMowinckel.com website – including but not limited to artwork images, photographs, designs, graphics, logos, text descriptions, and the website design/layout – is the intellectual property of Merete Mowinckel or the respective artists/owners and is protected by copyright and other intellectual property laws. This includes the artworks themselves and any digital representation of them on the site.

  • No Unauthorized Copying or Reproduction: You are not permitted to copy, download, reproduce, distribute, publicly display, or create derivative works from any content on this site without explicit prior written permission from us (and/or the respective copyright holder). This means you cannot take the images of the art from the site and use them elsewhere (for commercial use or otherwise) without permission. The site employs measures (such as the WP Content Copy Protection plugin) to prevent right-click saving or copying of content, reflecting our enforcement of these rights. Circumventing these measures to copy content is a violation of these Terms and potentially of copyright law.

  • Permitted Personal Use: You may view the content on our website for your personal, non-commercial use (for example, browsing the gallery, or sharing a link to our site). Any other usage (like using our images to sell your own products, or posting our content as your own) is not allowed unless explicitly authorized.

  • Purchase of Artwork – No Copyright Transfer: When you purchase a physical artwork from us, you gain ownership of that physical item. However, the purchase does not transfer any copyright or reproduction rights in the artwork to you. The artist (Merete Mowinckel, unless stated otherwise) retains all copyrights to the artwork. This means:

    • You may display the artwork in your home or business for enjoyment.

    • But you may not reproduce the artwork (e.g., make prints or copies of it), sell reproductions, or use the artwork’s image for any commercial purpose without the artist’s written permission.

    • You also may not alter the artwork and then distribute the altered version.

    • If you wish to post a photo of the purchased art on social media or elsewhere, please give credit to the artist. Do not remove or crop out any artist signature if it’s visible in the image.

  • Licensing and Commercial Use: If you are interested in using any of the content or artwork for commercial purposes (for example, including an artwork image in a publication, or licensing it for merchandise), you must contact us to discuss and obtain a separate license. Such uses are subject to a separate agreement with the copyright owner (the artist) and are not covered by a standard purchase. Without such an agreement, any commercial use is prohibited.

  • Third-Party Rights: Some content on the site might be subject to third-party rights (for instance, if we have guest artists or if a plugin displays something like Google Maps content, etc.). All such materials remain property of their respective owners and are used by us under license or as permitted. You must respect those rights as well.

  • User Content: If in the future our site allows user-generated content (like comments, reviews, or uploads), any content you submit must be your own or you have permission to use it. By submitting any content, you would grant us a license to display and use it on our site. (This section is just a placeholder as currently our site doesn’t host user content beyond perhaps contact form inputs, which are private.)

  • Violation of IP Rights: We take intellectual property rights seriously. If we discover unauthorized use of our content or artwork, we reserve the right to take legal action to enforce our rights. Likewise, if you believe our site content infringes someone else’s IP rights, please notify us with details so we can investigate and address it.

7. Limitation of Liability

  • Use of Site: Merete Mowinckel (the owner of MereteMowinckel.com) provides the website and its contents on an “as is” and “as available” basis. While we strive for accuracy, we do not guarantee that the content on the site (including product descriptions or pricing) is completely free of errors, omissions, or inaccuracies. We also cannot guarantee that the site will be available 100% of the time or free from viruses or other harmful components (though we certainly take precautions). You use this site at your own risk.

  • Indirect Damages: To the fullest extent permitted by law, Merete Mowinckel and her affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages that result from your use of (or inability to use) our Site or our products. This includes, for example, damages for loss of profits, loss of data, loss of goodwill, or other intangible losses arising out of or in connection with the site or purchase.

  • Direct Damages Cap: Our maximum liability to you for any claim arising from an order or your use of our services is limited to the amount you paid for that order. For instance, if you bought a painting for $200, and something in these Terms is violated by us, our liability would not exceed $200 for that claim. This limitation applies whether the claim is based on contract, tort, warranty, or any other legal theory.

  • No Warranty for Suitability: We make no warranties or representations that the artwork you purchase will meet your expectations beyond what is described. (Though we truly hope it exceeds them!) Any advice or information obtained from us, whether oral or written, does not create any warranty not expressly stated in these Terms.

  • Events Outside Our Control: We are not responsible for any failure or delay in our performance (such as a delay in shipping or inability to fulfill an order) due to force majeure events outside our reasonable control. These could include, but aren’t limited to, acts of God (like natural disasters, fires, floods), war, acts of terror, epidemics, government actions, or failures of our suppliers or shipping carriers. If such events occur, we will do our best to communicate and resolve any issues, but these Terms remain in effect.

  • Website Downtime/Errors: MereteMowinckel.com is not liable for technical issues that may cause the site to be temporarily unavailable or for any data losses or breaches beyond our control. We will not be responsible for any harm or loss you may suffer from using third-party links or services accessed through our site – those are outside of our control and governed by their own terms.

  • Consumer Rights: Nothing in this Limitation of Liability section is intended to exclude or limit the liability that cannot be excluded under applicable law. For instance, if law in your jurisdiction provides certain consumer rights (like for defective products causing injury or statutory guarantees), those remain in force. We do not seek to limit liability for gross negligence, willful misconduct, or fraud on our part, nor for any death or personal injury caused by our negligence, if and to the extent that cannot be excluded by law.

8. Governing Law & Dispute Resolution

  • Governing Law: These Terms and any separate agreements whereby we provide you services or sell you products shall be governed by and construed in accordance with the laws of Norway. This choice of law applies regardless of your location, provided that if you are a consumer in the EU or another country, and there are mandatory consumer protection laws in your country that conflict with Norwegian law, those mandatory provisions may prevail for your benefit.

  • Jurisdiction: In the event of any dispute or claim arising out of or in connection with these Terms or your use of the site (including non-contractual disputes or claims), the courts of Norway will have exclusive jurisdiction. Specifically, unless otherwise required by law, any legal proceedings shall be brought in the competent courts of Oslo, Norway. If you are a consumer and local laws give you the right to bring disputes in your home country’s courts, this clause does not override that right.

  • Dispute Resolution Efforts: We truly hope to never have disputes with our customers. If you have any grievance or issue, we encourage you to contact us first to seek an amicable resolution. We will attempt to resolve any disputes through good-faith discussions. In the EU, consumers can also consider the EU’s Online Dispute Resolution (ODR) platform as a mediator for e-commerce disputes, but we have to agree to use it. We’re open to discussing mediation or alternative dispute resolution if needed.

9. Changes to Terms

  • We reserve the right to update or modify these Terms at any time. If we make changes, we will post the updated Terms on this page and update the “Last Updated” date at the top. Significant changes may also be communicated via email or a notice on the website. It is your responsibility to review these Terms periodically for updates. By continuing to use our site or services after changes are posted, you accept the modified Terms.

  • If you do not agree with any updated Terms, you should stop using the website and (if you have an account) you may deactivate your account. For orders that have already been placed, the Terms in effect at the time of order will apply to that transaction.

10. Miscellaneous

  • Entire Agreement: These Terms (along with our Privacy Policy and Cookie Policy) constitute the entire agreement between you and us regarding your use of the website and purchase of products. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us regarding the same subject matter.

  • Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. The invalid provision shall be interpreted or replaced in a manner that closely matches the original intent and economic effect of the original provision, within the limits of the law.

  • Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If we do not immediately act on a breach by you, we are not giving up any rights to act on future or similar breaches.

  • Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to another party, for example in the event of a business transfer, merger, or to an affiliate, but we will ensure your rights are not prejudiced by such transfer.

  • Third-Party Beneficiaries: These Terms are between you and us. No other person shall have any rights to enforce any of its terms, except where applicable law provides otherwise.

  • Headings: The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

11. Contact Information

If you have any questions or concerns about these Terms of Service, or need to get in touch for any reason related to an order or the site, please contact us:

Merete Mowinckel
Email: mowinck@online.no
Address: Lille Øvregaten 16, 5018 Bergen
Phone: +47 48098744

We appreciate your interest in our artwork and thank you for visiting our site. Your support means a lot. By following these Terms, we can ensure a smooth and fair experience for both you and us. Happy art collecting!

Created by Fakz AS

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