TERMS AND CONDITIONS

Gabrielle Banta, DBA Art Presence

Last Updated: October 21, 2026

1. Agreement to Terms

Welcome to Art Presence, operated by Gabrielle Banta, doing business as Art Presence ("Art Presence," "we," "us," or "our").

These Terms and Conditions govern your use of www.art-presence.com, including purchases of artwork, gallery posters, merchandise, commissioned paintings, and related services.

By accessing the website or placing an order, you agree to these Terms, subject to applicable law.

We may update these Terms periodically. Changes will be posted with an updated modification date and will not retroactively alter completed purchases except as permitted by law.

2. Products and Services

Art Presence offers:

Original paintings and photography
Limited Edition Aluminum Prints
Open-edition framed and unframed Gallery Posters
Merchandise featuring original artwork
Custom commissioned paintings
Intuitive sessions and related creative services

Product descriptions provide available information about materials, dimensions, prices, and other specifications.

Artwork Representation

We make reasonable efforts to accurately represent artwork through photographs, digital images, and written descriptions.

Colors, brightness, texture, and details may vary depending on screen settings, lighting, and physical production materials.

Limited Editions

Limited Edition Aluminum Prints are produced in restricted quantities according to the edition details stated on each product page.

Each limited-edition aluminum print is signed and numbered by the artist and accompanied by a signed Certificate of Authenticity.

The same underlying imagery may also appear in open-edition gallery posters or merchandise, as disclosed.

Photographic Process

Select photographs are digitally enhanced using AI-assisted upscaling to support fine art printing. This may include reconstruction of fine details, with the intention of remaining faithful to the original composition, colors, and artistic vision.

Additional information is available on our Photographic Process page.

3. Commissioned Artwork

Art Presence offers custom commissioned paintings created through an individualized artistic process.

The scope, dimensions, materials, price, timeline, and other arrangements will be discussed before the commission is accepted.

A separate written commission agreement may be required.

Payment

Commissioned artwork is individually priced.

Deposits, payment schedules, remaining balances, and cancellation arrangements will be specified in the individual commission agreement.

Where agreed, a commission may require a 50% deposit before work begins, with the remaining balance due before delivery.

Any deposit restrictions or cancellation charges are subject to applicable law.

Creative Process

Commissioned paintings are created through Gabrielle Banta's individual artistic interpretation.

The nature of revisions, progress updates, and approvals will be determined in the commission agreement.

Additional requests or significant changes may affect the price or completion timeline.

Cancellation

Cancellation requests are governed by the applicable commission agreement and law.

If a commission is canceled after work begins, charges may apply for work performed or materials purchased, where legally permitted and agreed.

If Art Presence cannot complete a commission, payments and applicable refunds will be handled according to the agreement and law.

4. Intuitive Sessions

Art Presence offers intuitive sessions exploring the unique qualities and tone of Spirit through Gabrielle Banta's personal spiritual and intuitive practice.

These sessions are intended as personal, creative, and spiritual experiences.

They are not medical treatment, psychotherapy, or substitutes for professional medical, mental health, legal, or financial advice.

No particular outcome is guaranteed.

Booking and Payment

Sessions may be scheduled and paid for through Acuity Scheduling.

Pricing, scheduling arrangements, cancellation terms, and rescheduling policies will be disclosed during booking.

Commissioned Artwork

An intuitive session may inform a commissioned painting, but purchasing a session does not obligate a client to purchase artwork.

Sessions and commissioned paintings are separately priced.

Session fees are not credited toward the price of commissioned paintings.

An intuitive session is not required for every commissioned painting.

5. Pricing, Taxes, and Payment

Prices are listed in United States dollars unless otherwise stated.

Prices may change without notice. The price confirmed at checkout applies to the order, subject to correction of errors as permitted by law.

Applicable sales taxes are calculated and collected where required.

Payments are processed through the payment providers offered at checkout or appointment booking.

If you believe a payment error has occurred, contact gabrielle@art-presence.com.

Nothing in these Terms limits applicable payment dispute or consumer protection rights.

6. Shipping and Delivery

Art Presence ships physical products to the contiguous 48 United States and Washington, D.C.

Shipping is not currently available to Alaska, Hawaii, United States territories, military addresses, or international destinations.

Shipping Costs

Standard shipping is included in the listed prices of eligible physical products.

Limited Edition Aluminum Prints

Limited Edition Aluminum Prints are individually produced to order.

Production, artist inspection, signing, packaging, and delivery generally require approximately 5–8 weeks.

These are estimated timelines rather than guaranteed delivery dates.

Gallery Posters and Merchandise

Gallery Posters and merchandise are generally produced on demand through third-party fulfillment providers.

Production and shipping times vary. Orders containing multiple items may arrive separately.

Marin County Delivery

Complimentary local delivery may be available for eligible Limited Edition Aluminum Prints within designated Marin County ZIP codes.

Availability is determined by the delivery options offered at checkout.

Delays and Delivery Issues

Shipping and production delays may occur due to circumstances outside our reasonable control.

If an order is lost, damaged, or delayed, contact Art Presence for assistance.

Nothing in these Terms limits applicable legal remedies.

Please review our Shipping & Delivery page for further information.

7. Returns, Refunds, and Cancellations

Many Art Presence products are individually produced to order.

Returns and exchanges for changes of mind, personal preferences, or incorrect selections are generally not accepted, except where required by law or expressly agreed.

Limited Edition Aluminum Prints

Limited-edition aluminum prints are custom-produced.

Sales are generally final once production begins, except for damage, defects, incorrect products, material misrepresentation, or remedies required by law.

Gallery Posters and Merchandise

These products are produced on demand and are generally not eligible for change-of-mind returns.

Damaged, Defective, or Incorrect Products

Please contact Art Presence within 7 days of delivery, when reasonably possible, with your order number, a description of the problem, and photographs where available.

We will review the issue and provide an appropriate remedy, which may include repair, replacement, or refund.

The requested reporting period does not limit applicable legal rights.

Cancellations

Orders already in production may not be eligible for cancellation, subject to applicable law.

Commissioned artwork and intuitive sessions are subject to their respective agreements and booking policies.

Please review our Returns & Refunds Policy for details.

8. Intellectual Property and Copyright

Unless otherwise indicated, artwork, photography, designs, text, and other original creative materials displayed on the Art Presence website belong to Gabrielle Banta, Art Presence, or their respective rights holders.

Purchasing physical artwork does not transfer copyright.

Customers may possess, enjoy, and display lawfully purchased artwork.

Reproduction, commercial distribution, licensing, or other uses requiring copyright authorization are not included unless separately agreed in writing.

Art Presence may document and display artwork for portfolio or promotional purposes, subject to applicable agreements, confidentiality obligations, and privacy requirements.

9. Acceptable Website Use

Visitors agree not to use the website for unlawful activities, fraudulent transactions, unauthorized access, malicious interference, or unauthorized commercial exploitation of website content.

Nothing in these Terms prohibits activities permitted by applicable law.

10. Disclaimers and Limitations

We make reasonable efforts to maintain accurate information and website functionality but cannot guarantee uninterrupted operation.

Digital representations of artwork may differ from physical products because of screen settings, lighting, and production materials.

Intuitive services are subjective personal and spiritual experiences, and individual results may vary.

To the extent permitted by law, Art Presence is not responsible for losses arising solely from circumstances outside its reasonable control.

Nothing in these Terms excludes warranties, liability, or consumer remedies that cannot legally be excluded.

11. Indemnification

To the extent permitted by applicable law, users may be responsible for losses arising from their unlawful use of the website or infringement of others' intellectual property rights.

This provision does not limit non-waivable consumer rights.

12. Privacy

Use of the website is also governed by our Privacy Policy.

13. Governing Law and Dispute Resolution

These Terms are governed by California law, subject to applicable mandatory consumer protection requirements.

We encourage customers to contact Art Presence to resolve concerns informally.

Nothing in these Terms restricts legal remedies available under applicable law.

Legal proceedings remain subject to applicable jurisdiction and venue requirements.

14. Severability and Separate Agreements

If any provision is found invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

These Terms, together with applicable product descriptions, store policies, and separately agreed commission or appointment terms, govern relevant transactions.

A separate written commission agreement will control for that commission where its terms differ from these general Terms, to the extent permitted by law.

15. Contact Information

Gabrielle Banta, DBA Art Presence

San Rafael, California, United States

Email: gabrielle@art-presence.com

Website: https://www.art-presence.com