Terms of Service
Effective Date: March 16, 2026
These Terms of Service ("Terms") govern your use of our website, commission requests, and purchase of artwork from Color Deficient ("Artist", "we", "us", or "our"). By creating an account, submitting a commission request, or making a purchase, you ("Client", "you", or "your") agree to be bound by these Terms.
1. Age Requirement and Eligibility
1.1 Minimum Age
You must be at least 18 years of age to create an account, submit commission requests, or purchase artwork from our website. By using our Services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into binding contracts.
1.2 Adults Only
Our Services are directed exclusively to adults 18 years of age and older. We do not knowingly accept orders, commission requests, or account registrations from anyone under 18. If we become aware that a user is under 18, we reserve the right to cancel any pending orders, terminate the account, and refund any payments at our discretion.
2. Commission Process
2.1 Request Submission
Clients may submit commission requests through our online form. Requests must include detailed description of the desired artwork, canvas specifications, medium preference, and budget. The minimum commission budget is $750 for a 2'×3' canvas.
2.2 Review and Quote
Upon receiving your request, we will review it within 2-3 business days. We reserve the right to accept or decline any commission request at our sole discretion. If accepted, you will receive a formal quote including the total price, estimated completion date, and payment schedule.
2.3 Acceptance
By making the initial deposit payment, you confirm acceptance of our quote and these Terms, forming a binding agreement between you and the Artist.
3. Payment Terms
3.1 Commission Payment Schedule
All commissions require a 50% non-refundable deposit before work begins. The remaining 50% final payment is due upon completion of the artwork and before shipping or delivery.
3.2 Store Purchases
Store purchases require full payment at the time of checkout. You may check out as a guest or with a registered account.
3.3 Payment Methods
We accept payment via debit or credit card only through Stripe, our secure payment processor. No other payment methods (cryptocurrency, wire transfer, cash, etc.) are accepted. All prices are quoted in U.S. Dollars (USD).
3.4 Sales Tax
Applicable sales tax is calculated and collected at checkout based on the shipping destination, in accordance with state and local tax requirements.
3.5 Late Payment (Commissions)
If final payment is not received within 30 days of artwork completion, the Artist reserves the right to resell the artwork or retain it. The deposit will not be refunded.
4. Artwork Creation
4.1 Timeline
Estimated completion dates are approximate and may vary depending on complexity, materials, and current workload. We will make reasonable efforts to meet the estimated timeline and will notify you of any significant delays.
4.2 Revisions and Approval
The commission process typically includes the following stages:
- Initial sketch approval: You will receive preliminary sketches or concepts for your review. Up to three (3) rounds of sketch revisions are included. No additional sketch rounds are available beyond the included three.
- Progress updates: You may receive courtesy work-in-progress photos as the piece develops. These updates are informational only and do not require approval.
- Final approval: You will receive photos of the completed artwork for your approval before final payment is due.
By approving a sketch, you are accepting it as the definitive scope and composition for the final artwork. Elements, details, or concepts not present in the approved sketch are not guaranteed to appear in the finished piece. Any additions or changes beyond the approved sketch are subject to the terms in Section 4.5.
The Artist reserves the right to adjust the revision process based on project scope, complexity, and medium. Not all commissions will follow the same sequence of steps. Major changes requested after sketch approval may require renegotiation of the quote.
4.3 Sketch Revision Exhaustion
If all three (3) included sketch revisions have been delivered and you remain unsatisfied, you may either approve any one of the delivered sketches to proceed with the commission, or cancel the commission subject to the cancellation terms in Section 5.1. No additional sketch revisions will be offered, regardless of willingness to pay additional fees.
You acknowledge that the sketch phase is an iterative, good-faith collaboration between you and the Artist. The three included revision rounds provide reasonable opportunity to refine the direction of the artwork. Dissatisfaction with artistic style, interpretation, or subjective creative differences after exhausting all revision rounds does not constitute a failure to perform on the part of the Artist and is not grounds for a refund of the deposit.
4.4 Artistic License
While we will work closely with you to achieve your vision, the Artist retains creative control over the execution and technique. You acknowledge that as a colorblind artist, color perception may differ from typical vision, which is part of the unique artistic style you are commissioning.
4.5 Post-Final Corrections
Once the final artwork is presented for approval, minor corrections for verifiable artist errors (e.g., missing details from the approved sketch) will be addressed at no additional charge. What constitutes a "minor correction" is determined solely at the Artist's discretion. Requests for changes that go beyond the scope of the approved sketch — including style changes, additions, or reinterpretations — are considered new work and may be quoted separately or declined at the Artist's sole discretion.
5. Cancellation and Refunds
5.1 Commission Cancellation by Client
The 50% deposit is non-refundable once work has begun. Work is considered to have begun once the Artist starts the sketch phase, including upon delivery of the first sketch revision. If you cancel before work begins, a full refund of the deposit will be issued. If you cancel after work has begun but before completion — including cancellation after exhausting sketch revision rounds (see Section 4.3) — the deposit is forfeited and no refund will be provided.
The deposit compensates the Artist for time, labor, and creative effort already expended. Dissatisfaction with the artistic direction, style, or subjective quality of sketches does not entitle you to a refund of the deposit once work has begun.
5.2 Commission Cancellation by Artist
If the Artist must cancel the commission for any reason (including but not limited to health, materials availability, or unforeseen circumstances), you will receive a full refund of any payments made.
5.3 Store Purchase Refunds
Refund requests must be submitted within 30 days of delivery. Requests can be submitted through your order tracking page. All refund requests are reviewed on a case-by-case basis at our sole discretion.
You may request a refund for store purchases that have not yet shipped. Once an order has shipped, refunds are generally not available unless the artwork arrives damaged (see Section 6.5). No refund requests will be accepted after the 30-day window has passed.
5.4 All Sales Final
Unless otherwise stated in these Terms, all sales of artwork are final. We are not obligated to accept returns for reasons of buyer's remorse, change of mind, or dissatisfaction with the artwork's appearance in person versus photographs.
5.5 Chargebacks and Payment Disputes
We encourage you to contact us directly at colordeficient@outlook.com to resolve any concerns before initiating a chargeback or payment dispute with your financial institution. We are committed to resolving issues fairly and promptly.
If a chargeback or payment dispute is filed and resolved in your favor, you are required to return the artwork to us within 14 days of the dispute resolution at your own expense. Failure to return the artwork after receiving a refund through a chargeback constitutes retention of goods without payment, and we reserve the right to pursue recovery of the artwork or its full value through all available legal remedies, including but not limited to small claims court.
We contest all chargebacks that we believe to be fraudulent or unjustified and will submit evidence including proof of delivery, tracking information, signed delivery confirmations, order records, and these Terms of Service to the card issuer. Fraudulent chargebacks may be reported to the appropriate authorities.
6. Shipping and Delivery
6.1 United States Only
We ship exclusively within the United States. International orders are not accepted. All shipping addresses must be valid U.S. addresses. Orders placed with a non-U.S. shipping address will be cancelled and refunded.
6.2 Store Purchases
Shipping for store purchases is charged separately at checkout as a flat rate based on the artwork's size and packaging requirements. All artwork is professionally packaged and shipped via insured carrier to the shipping address you provide during checkout.
6.3 Commission Orders
Shipping or local delivery costs for commissioned artwork will be quoted separately as part of your commission quote. The final cost depends on your chosen delivery method (shipped or local delivery) and will be confirmed before you accept the quote.
6.4 Delivery Timeline
Shipping typically occurs within 3-5 business days after receipt of final payment. Delivery times vary based on location. You will receive tracking information once the artwork ships. If you opted in to carrier tracking notifications during checkout, the shipping carrier may also send you tracking updates directly to the email address you provided.
6.5 Damage During Shipping
All shipments are insured. If artwork arrives damaged, you must notify us within 48 hours of delivery with photographic evidence of the damage.
Refunds for damaged items require return of the original item at the buyer's expense before a refund is issued. Refunds will only be processed after we have received and inspected the returned item. We reserve the right to repair, replace, or refund the artwork at our sole discretion based on the results of our inspection.
Shipping insurance claims are filed with and handled by the shipping carrier, not the seller. The outcome of any insurance claim is determined solely by the carrier.
6.6 Commission Email Communications
By submitting a commission request, you agree to receive all email communications related to your commission, including but not limited to: submission confirmations, acceptance or rejection notices, revision notifications, payment receipts, status updates, shipping notifications, and delivery confirmations. These emails are essential to the contractual workflow between you and the Artist and cannot be opted out of. This applies regardless of your marketing or transactional email preferences. Commission emails will only cease if your email address is suppressed due to hard bounces or spam complaints.
6.7 Commission Access Restrictions
The Artist reserves the right to restrict a user's ability to submit new commission requests at any time and for any reason, including but not limited to: repeated submissions of requests that have been previously declined, submitting inappropriate or offensive content, or any behavior the Artist deems disruptive. A commission restriction does not affect your ability to browse, purchase products, or use other features of the site. If you believe a restriction was applied in error, you may contact the Artist at the email address listed on this site.
7. Intellectual Property Rights
7.1 Ownership of Physical Artwork
Upon receipt of full payment, you own the physical artwork. You may display, resell, or gift the physical piece as you wish.
7.2 Copyright and Reproduction Rights
The Artist retains all copyright and intellectual property rights to the artwork. The Artist reserves the right to:
- Photograph the artwork for portfolio, marketing, and promotional purposes
- Display the artwork in galleries, exhibitions, or online galleries
- Create and sell prints, digital reproductions, or derivative works
- Use the artwork in any promotional materials
Unless specifically negotiated and documented in writing, you may not reproduce, distribute, or create derivative works from the commissioned artwork without explicit written permission from the Artist.
7.3 Exclusive Rights Purchase
If you wish to purchase exclusive reproduction rights, this must be negotiated separately and will result in an increased commission fee (typically 2-3x the base price).
8. Warranties and Disclaimers
8.1 Quality Guarantee
All artwork is created using professional-grade materials and techniques. We guarantee the artwork is free from material defects at the time of delivery.
8.2 Color Accuracy
Colors in progress photos may vary from the final artwork due to lighting, camera settings, and screen calibration. As a colorblind artist, color choices are intentional but may differ from typical color perception. You acknowledge and accept this as part of the artistic style.
8.3 Care Instructions
Proper care instructions will be provided with your artwork. The Artist is not responsible for damage resulting from improper care, display, or storage after delivery.
9. Limitation of Liability
To the maximum extent permitted by law, the Artist's total liability for any claims arising from your use of our Services shall not exceed the total amount you paid for the specific transaction giving rise to the claim. The Artist is not liable for any indirect, incidental, special, or consequential damages.
10. Privacy
Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy. We do not sell your personal information to third parties.
11. Dispute Resolution
We encourage you to contact us directly to resolve any disputes before pursuing formal action. Many issues can be resolved quickly and amicably through direct communication.
Any disputes arising from these Terms, your commission, or any purchase that cannot be resolved through direct communication shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Iowa, United States. You agree to waive any right to a jury trial.
Notwithstanding the above, we reserve the right to pursue claims in small claims court for disputes within the court's jurisdictional limits, including but not limited to recovery of artwork or payment for goods retained after a chargeback.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, United States, without regard to its conflict of law provisions.
13. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes constitutes acceptance of the modified Terms. Each commission is governed by the Terms in effect at the time of deposit payment.
14. Contact Information
For questions about these Terms or your commission, please contact:
Color Deficient LLCEmail: colordeficient@outlook.com
Website: colordeficient.me
By creating an account, making a purchase, or submitting a commission request, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.