By accessing or using the website located at fredbarcaart.com (the "Site"), purchasing any product, downloading any file, or submitting a commission inquiry, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use this Site or purchase any products.
These Terms constitute a legally binding agreement between you and Fred Barca Art, a sole proprietorship operated by Fred Barca, based in Studio City, California, USA.
ALL SALES ARE FINAL. NO REFUNDS. NO EXCEPTIONS.
Digital files are delivered instantly upon purchase. Because the file is delivered at the moment of sale, the transaction cannot be reversed. By completing a purchase, you acknowledge that you have read and understood this policy and agree that no refund will be issued under any circumstances.
This no-refund policy applies to:
We are not responsible for purchases made in error, purchases made without reading the product description, or technical issues with your ability to open or print the file after purchase. If you experience a technical issue accessing a file you legitimately purchased, contact us at info@fredbarcaart.com and we will make reasonable efforts to assist.
Chargebacks: Initiating a chargeback or payment dispute for a delivered digital file is considered fraudulent use. We maintain records of all deliveries and will contest all chargebacks with full documentation.
Physical merchandise sold through Redbubble is subject to Redbubble's own return and refund policy. We are not the merchant of record for Redbubble transactions and cannot issue refunds for those purchases.
All digital art files sold through this Site or through our Gumroad storefront are:
It is your responsibility to ensure that your device and any printing service you use are compatible with the file formats delivered. We provide files in standard industry formats. We are not responsible for print quality issues resulting from third-party print services.
When you purchase a digital download from Fred Barca Art, you receive a limited, non-exclusive, non-transferable, non-sublicensable personal use license to the purchased file. This license permits you to:
This license expressly does not permit you to:
For commercial licensing inquiries, contact us at info@fredbarcaart.com.
Fred Barca Art guarantees that no artwork sold through this Site was generated, altered, or assisted by artificial intelligence, generative AI models, image synthesis tools, or any machine learning system. Every piece was painted by Fred Barca using traditional digital painting techniques on a Wacom tablet over 35 years of craft. This guarantee is a core part of our product's value and authenticity.
If you have reason to believe a specific work was AI-generated, contact us at info@fredbarcaart.com. We will investigate and respond.
All artwork, images, text, design, and content on this Site are the exclusive intellectual property of Fred Barca and are protected by United States and international copyright law.
Fred Barca retains all copyright, moral rights, and intellectual property rights in all works, including works that are the subject of a custom commission, unless a separate written agreement expressly transfers those rights. The purchase of a digital download or commission does not transfer copyright ownership to the buyer.
Unauthorized reproduction, distribution, display, or creation of derivative works from any content on this Site is strictly prohibited and may result in legal action.
The name "Fred Barca Art," the "FBA" logo, and associated brand elements are trademarks of Fred Barca. Unauthorized use is prohibited.
Custom commission services are subject to the following terms in addition to all other provisions of these Terms:
A commission is not accepted until Fred Barca expressly confirms acceptance in writing (by email). Submission of an inquiry does not constitute a binding agreement.
Commissions typically require a deposit to begin work, with the balance due upon completion. Specific payment terms will be confirmed in writing at the time of commission acceptance. Commission deposits are non-refundable once work has begun.
Fred Barca retains all copyright and intellectual property rights in all commissioned works unless a separate written agreement specifies otherwise. The client receives a high-resolution digital file licensed for personal use under the terms of Section 4, unless a commercial license is separately negotiated and documented in writing.
By submitting reference photos or materials for a commission, you represent that you have the right to provide those materials and grant us permission to use them for the purpose of creating the commissioned artwork.
The number of revisions included in any commission will be specified at the time of acceptance. Revisions beyond the agreed number may be subject to additional fees.
Estimated turnaround times are provided in good faith but are not contractual guarantees. Fred Barca works on one commission at a time and may not rush the creative process.
Fred Barca Art sells products through the following third-party platforms:
Your use of these third-party platforms is subject to their respective terms and policies, which we encourage you to review before purchasing.
You agree not to use this Site or any purchased content to:
This Site and all products are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that any defects in the Site or products will be corrected.
To the fullest extent permitted by applicable law, Fred Barca Art, Fred Barca, and any associated parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of the Site or any products, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising from these Terms or your use of the Site shall not exceed the amount you paid for the specific product giving rise to the claim.
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. By using this Site, you consent to the personal jurisdiction of those courts.
Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights.
We reserve the right to modify these Terms at any time. When we do, we will update the effective date at the top of this page. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. If you do not agree with any changes, you must stop using the Site.
For any questions regarding these Terms of Service, or to request a commercial license, contact:
Fred Barca Art
Studio City, California, USA
Email: info@fredbarcaart.com