Terms and Conditions

Updated February 3, 2026

These Terms and Conditions of Sale (“Agreement”) govern all purchases of artwork and related property (each, a “Work”) made through the website www.thegrafika.com (the “Site”), operated by Grafika,LLC (“Grafika,” “we,” “us,” or “our”). The purchaser of any Work is referred to as “you” or the “Buyer.”

By placing an order, submitting an offer, or otherwise purchasing a Work through the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as Grafika’s Terms of Use, Privacy Policy, and any additional policies or guidelines posted on the Site from time to time.

Grafika reserves the right to modify this Agreement at any time by posting updated terms on the Site. Changes will apply prospectively only.

The Site

The Site is an online platform for the exhibition, promotion, and sale of original artworks and related items. You must be at least 18 years old and legally capable of entering into a binding contract to make a purchase.

theGrafika may rely on third-party service providers (including payment processors, shippers, and insurers) in connection with sales made through the online store. We reserve the right to withdraw or modify any Work listed on the Site at any time without liability.

Unless expressly agreed otherwise in writing, Grafika makes no guarantees regarding the duration of any exhibition, listing, or availability of a Work.

Purchase and Payment Obligations

Upon acceptance of your purchase or offer, you agree to immediately pay the total purchase price, including:

  • the price of the Work,

  • applicable sales or use taxes,

  • shipping, packing, insurance, and handling fees, and

  • any applicable service or processing fees.

Accepted forms of payment may include wire transfer, credit card, ACH, or other methods specified on the Site. Grafika may impose transaction limits on certain payment methods.

Grafika may pay commissions or referral fees to artists, agents, or third parties in connection with a sale.

Taxes

You are responsible for all applicable sales, use, VAT, GST, customs duties, resale royalties, or other taxes imposed in connection with your purchase, except where Grafika is legally required to collect such taxes.

You agree to indemnify and hold Grafika harmless from any liability, penalties, or costs arising from your failure to pay applicable taxes.

Packing, Shipping, and Insurance

Unless otherwise agreed in writing, shipping, packing, and insurance arrangements are handled by third-party providers. Grafika is not responsible for the acts or omissions of any shipper, packer, carrier, or insurer.

Delivery timelines are estimates only and not guaranteed.

Disclaimer of Warranties

Except as expressly stated in a written Certificate of Authenticity issued by Grafika, all Works are sold “AS IS” and “AS AVAILABLE.”

Grafika makes no representations or warranties, express or implied, regarding:

  • merchantability or fitness for a particular purpose;

  • condition, size, medium, or framing;

  • attribution, authorship, provenance, or exhibition history;

  • rarity, value, or future appreciation; or

  • accuracy of descriptions or images on the Site.

No sale of a Work conveys copyright or reproduction rights unless explicitly stated in writing.

Limitation of Liability

To the maximum extent permitted by law, Grafika shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, or use, arising out of or related to the purchase, sale, or ownership of any Work, even if advised of the possibility of such damages.

Grafika’s total liability, if any, shall not exceed the purchase price actually paid for the Work giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Grafika and its members, managers, officers, employees, agents, artists, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:

  • your breach of this Agreement;

  • your violation of any law or third-party right; or

  • any dispute related to your purchase or ownership of a Work.

This obligation survives termination of this Agreement.

Miscellaneous

  • This Agreement does not create any agency, partnership, joint venture, or employment relationship.

  • If any provision is held unenforceable, the remaining provisions will remain in full force and effect.

  • Grafika’s failure to enforce any provision does not constitute a waiver of that provision.

  • Section headings are for convenience only and do not affect interpretation.

This Agreement constitutes the entire agreement between you and Grafika regarding the purchase of Works through the Site.