Terms of service

Overview

Welcome to Tone Curators. The terms “we”, “us” and “our” refer to Tone Curators B.V. Tone Curators B.V. operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Tone Curators is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with our Privacy Policy and any policies referenced herein (the “Terms”), describe your rights and responsibilities when you use the Services.

By visiting, interacting with, or purchasing through our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.

1. Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your country or region of residence.

To use the Services — including browsing our store or purchasing products — you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent that all information you provide is correct, current, and complete.

You are solely responsible for the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

2.1 Hand-Painted, Made to Order

Each artwork offered by Tone Curators is an original, hand-painted oil painting produced to order on 400gsm linen canvas by an experienced studio painter. We make every effort to represent our work accurately; however, color and surface appearance may vary slightly depending on your device's screen, lighting conditions, and settings. Minor variations in color, tone, texture, and brushwork are inherent to hand-painted work and are not defects.

2.2 Numbered Compositions

Each composition sold under the Tone Curators name — through our website or through trade channels — belongs to a numbered composition, hand-painted no more than 99 times. This limit reflects our studio's production discipline, not a promotional device. Every numbered work is accompanied by a Certificate of Authenticity bearing its unique number within the series.

2.3 Trade Purchases of Numbered Compositions

Business clients — including interior designers, architects, developers, and hospitality partners — purchasing from our numbered collection acquire works from the same 99-piece pool offered to consumers. Trade pricing and account terms are agreed individually per client (see Section 17), but the 99-piece composition limit applies equally regardless of purchaser or deal terms.

2.4 Closure of a Composition

Once a composition reaches 99 hand-painted pieces, it is permanently retired. We will not produce additional numbered works of that composition under any circumstance.

2.5 White Label and Partnership Productions

Separately from the numbered collection, Tone Curators may produce hand-painted work for white-label retail partners or under co-branded or bespoke trade partnerships, at volumes agreed individually with the partner. These works are produced under a separate written partnership agreement, are developed as distinct compositions rather than drawn from the numbered consumer collection, and are not assigned a numbered Certificate of Authenticity. See Section 17.3.

Descriptions and availability are subject to change without notice. We reserve the right to discontinue any composition or format, or to limit quantities, at our discretion.

3. Orders

When you place an order, you are making an offer to purchase. Tone Curators reserves the right to accept or decline any order at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process payment before an order is accepted.

Please review your order carefully before submitting — including size, composition, and shipping details — as we may be unable to accommodate changes once production has begun (see Section 7).

Tone Curators serves both individual collectors and business, trade, and design-industry customers. Orders placed by interior designers, architects, property developers, hospitality partners, and other trade or white-label partners are governed additionally by Section 17 (Business and Trade Accounts).

4. Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged is the price in effect at the time the order is placed, as confirmed in your order confirmation email. Posted prices do not include taxes, shipping, handling, customs, or import charges unless expressly stated.

You agree to provide current, complete, and accurate payment and billing information, and to promptly update this information as needed to complete your transaction.

5. Shipping and Delivery

5.1 Production and Shipping

Each painting is made to order; production times vary based on size, composition, and current order volume. We will notify you of any significant delay. Paintings are produced by our studio network and ship directly from the production facility to ensure quality control.

5.2 Delivery Timeline and Costs

Delivery times vary by destination and shipping method; tracking information is provided once your order ships. Shipping costs are calculated at checkout based on format and destination.

5.3 International Shipping and Customs

We ship worldwide. Within the European Union, no additional import taxes or duties typically apply. Outside the EU, customs charges, import duties, and taxes may apply and are the customer's responsibility; we have no control over these charges.

5.4 Risk of Loss and Delivery Issues

Title and risk of loss pass to you once the artwork is transferred to the carrier. We are not liable for delays caused by carriers, customs, or circumstances beyond our control. If your shipment arrives damaged or lost in transit, contact us at orders@tonecurators.com within 7 days of delivery, with photographs of the artwork and packaging.

5.5 Undeliverable Packages

If a package is returned as undeliverable due to incorrect address information you provided, you are responsible for reshipping costs. If delivery is refused or a signature-required package is not collected, we reserve the right to charge a restocking fee of up to 20% of the order value.

6. Order Modifications and Cancellations

Modifications (including size or composition changes) and cancellations must be requested within 24 hours of order confirmation, by contacting orders@tonecurators.com. Once production has begun, we are unable to accommodate modifications or cancellations, and no refund will be issued, as each piece is painted specifically for your order.

7. Returns and Refunds

7.1 Right of Withdrawal — Custom-Made Goods Exemption

Under EU consumer protection law, consumers ordinarily have the right to withdraw from a purchase within 14 days without giving reason. This right does not apply to goods made to the consumer's specifications or clearly personalized. As every Tone Curators painting is hand-painted to order and in the size selected by the individual customer, the statutory right of withdrawal does not apply, pursuant to Article 16(c) of the EU Consumer Rights Directive 2011/83/EU.

7.2 No Returns Policy

Because each painting is made to order specifically for you, we do not accept returns or exchanges for reasons of preference. All sales are final, subject only to Sections 7.3 and 7.4 below.

7.3 Defective or Damaged Products

If your painting arrives damaged or defective, contact us at orders@tonecurators.com within 7 days of delivery with photographs of the artwork and packaging. We will assess the issue and, at our discretion, offer a replacement or full refund.

7.4 Order Errors

If we made an error in your order (incorrect size, composition, or missing items), contact us within 7 days of delivery. We will arrange a replacement at no additional cost or issue a full refund.

7.5 Color and Surface Variation

Minor variations in color, tone, and brushwork are inherent to hand-painted work and do not constitute grounds for return or refund. If you believe a variation is substantial, contact us with photographic evidence for review.

7.6 Refund Processing

Approved refunds are processed within 14 business days to the original payment method.

8. Intellectual Property

8.1 Ownership

Tone Curators B.V. owns the copyright and all other intellectual property rights in every composition, design, and image offered through the Services, under the Dutch Copyright Act (Auteurswet) and applicable EU intellectual property law. This includes the underlying composition of each painting, our brand assets, trademarks, text, and photography.

Studio painters producing work for Tone Curators do so under agreements that assign or license all relevant intellectual property rights to Tone Curators B.V. As a result, Tone Curators — and no other party — holds the right to reproduce, license, or authorize reproduction of any composition.

8.2 What Purchasing a Painting Does Not Include

Purchasing a physical painting transfers ownership of that individual object only. It does not transfer any copyright, reproduction right, or license to reproduce the composition, in whole or in part, in any medium. No composition offered by Tone Curators may be copied, reproduced, photographed for commercial reproduction, or used to create derivative works by any party other than Tone Curators B.V., without our prior written consent.

8.3 Use of the Services

These Terms permit you to use the Services (our website and content) for personal, non-commercial reference only. Tone Curators' name, logo, and artwork imagery may not be used without prior written permission.

9. Optional Tools

You may be given access to third-party tools as part of the Services, which we do not monitor or control. Such tools are provided “as is” and “as available,” without warranty, and any use of them is at your own risk.

10. Third-Party Links

The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party site, and any interaction with such sites is at your own risk.

11. Relationship with Shopify

Tone Curators is powered by Shopify, which enables us to provide the Services. Sales and purchases made in our store are made directly with Tone Curators. Shopify is not responsible for any aspect of these sales, including injury, damage, or loss resulting from purchased products.

12. Privacy Policy

All personal information we collect is processed in accordance with our Privacy Policy and applicable data protection law, including the General Data Protection Regulation (GDPR) and Dutch data protection law.

Information you provide during ordering (name, address, email, payment details) is used solely to fulfill your order and communicate with you about your purchase. Because our Services are hosted by Shopify, certain information is also processed by Shopify in accordance with its own Privacy Policy.

Under GDPR, you have the right to access, rectify, erase, restrict processing of, and receive a portable copy of your personal data. To exercise these rights, contact hello@tonecurators.com.

13. Feedback

If you submit ideas, suggestions, or feedback to us, you grant Tone Curators a perpetual, worldwide, royalty-free license to use and incorporate that feedback for any purpose, including commercial use. We are under no obligation to keep feedback confidential, compensate you for it, or respond to it.

14. Errors, Inaccuracies, and Omissions

Our Services may occasionally contain typographical errors, inaccuracies, or omissions relating to descriptions, pricing, or availability. We reserve the right to correct such errors and to cancel or amend affected orders, even after an order has been submitted, without prior notice.

15. Prohibited Uses

You agree not to use the Services for any unlawful purpose, to infringe our intellectual property or that of others, to harass or harm any person, to transmit false or misleading information, to distribute spam or malicious code, or to interfere with the security or functioning of the Services. We reserve the right to suspend or terminate access for any violation of this section.

16. Termination

We may terminate this agreement or your access to the Services at our discretion and without notice. You remain liable for all amounts due up to the date of termination. Provisions that by their nature should survive termination — including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law — will continue to apply.

17. Business and Trade Accounts

17.1 Separate Trade Agreements

Business, trade, interior design, architecture, property development, hospitality, and white-label purchases are handled outside the standard consumer checkout and are subject to a separate written Trade Agreement or Partnership Agreement, negotiated individually with each client. Pricing, volume terms, and account conditions are set out in that agreement, not in these Terms. For business inquiries, contact partners@tonecurators.com.

17.2 Order of Precedence

Where a signed Trade Agreement or Partnership Agreement exists between Tone Curators and a business client, that agreement governs in the event of any conflict with these Terms. Where no such agreement exists, these Terms apply to any trade purchase made through the standard consumer checkout.

17.3 Partnership Productions

Bespoke commissions and white-label partnership productions (Section 2.5) are separate from the numbered, 99-piece consumer/trade pool and may be produced at any volume agreed in a dedicated Partnership Agreement. We determine, at our discretion, whether a proposed partnership composition is sufficiently distinct from our numbered collection to be produced under this framework. Where a partnership production is sold under the Tone Curators name or as a co-branded production, this will be set out expressly in the relevant agreement; unless stated there, our name is not used to represent uncapped partnership work as part of a numbered composition.

18. Force Majeure

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including acts of God, war, labor disputes, supply chain disruption, government action, or pandemics.

19. Disclaimer of Warranties

Except as expressly stated by Tone Curators, the Services and products offered through them are provided “as is” and “as available,” without warranties of any kind, to the fullest extent permitted by applicable law. Some jurisdictions do not allow such disclaimers, so parts of this section may not apply to you.

20. Limitation of Liability

To the fullest extent permitted by law, Tone Curators, its partners, directors, officers, employees, and affiliates shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any product purchased through them. Nothing in this section limits liability that cannot be excluded under Dutch or EU consumer protection law.

21. Indemnification

You agree to indemnify and hold harmless Tone Curators, its affiliates, officers, and employees from any claims, damages, or liabilities, including reasonable legal fees, arising from your breach of these Terms, your violation of any law, or your use of the Services.

22. Dispute Resolution

22.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands.

22.2 Jurisdiction

Any disputes arising from these Terms or your purchase are subject to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands.

22.3 Informal Resolution

Before initiating formal proceedings, you agree to first contact us at hello@tonecurators.com to attempt to resolve the dispute informally.

22.4 EU Online Dispute Resolution

If you are an EU consumer, you may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr to resolve disputes.

23. General Provisions

23.1 Severability

If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions remain in full force.

23.2 Waiver and Entire Agreement

Our failure to enforce any right or provision does not constitute a waiver. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tone Curators regarding your purchase, superseding any prior agreements or communications.

23.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

23.4 Headings

Headings are included for convenience only and do not affect the interpretation of these Terms.

23.5 Language

These Terms are drafted in English. In case of discrepancy between the English version and any translation, the English version prevails, except where prohibited by local law.

24. Changes to Terms of Service

We may update these Terms at any time by posting changes on this page with an updated “Last Updated” date. For material changes, we will provide reasonable notice via email or website notification. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

25. Contact Information

Questions about these Terms should be directed to:

Tone Curators B.V.

hello@tonecurators.com (general inquiries)

partners@tonecurators.com (business and trade inquiries)

orders@tonecurators.com (order support)

Keerpunt 10, 1013 DK Amsterdam, the Netherlands

+31 020 308 67 23

KVK: 42078891

VAT: NL869609087B01

By placing an order with Tone Curators, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.