Terms of service

These Terms of Service govern access to and use of the Rodrigo Eng Photos website and online store including purchases made through the store. In these Terms, “Rodrigo Eng Photos,” refers to the name used by Rodrigo A. Eng Castillo for the website and online store. “We,” “us,” and “our” refer to Rodrigo A. Eng Castillo as the individual owner and operator of the store. “You” and “customer” refer to the person using the website or placing an order.

By using the website or placing an order, you agree to these Terms and the policies incorporated into them. If you do not agree, you should not use the website or place an order.

Eligibility and use of the website

You may browse the website without creating a customer account.

By placing an order, you represent that you have reached the age of majority in your province, state, or jurisdiction of residence and that you have the legal capacity to enter into a binding agreement. If these requirements are not met, the order must be placed by a parent or legal guardian.

You agree to provide accurate, current, and complete contact, billing, payment, and shipping information when placing an order.

Product information and visual representation

We make reasonable efforts to present each artwork and its available sizes, dimensions, borders, materials, finishes, and limited-edition information accurately.

The colours, brightness, contrast, and tonal appearance displayed on a screen may vary from the physical print because of differences in devices, display settings, ambient lighting, and the characteristics of the printing process and material.

Room views, framed presentations, and other product mockups are provided to help illustrate scale and presentation. They are illustrative only. Frames, furnishings, and decorative items shown in a mockup are not included unless expressly stated on the applicable product page.

Please review the selected artwork, size, dimensions, border information, material, and other product details before placing an order. The product information displayed for the selected size at the time of purchase, together with the order confirmation, forms part of the order.

Print quality and production variations

Each fine-art print will be produced to materially conform to the artwork, size, dimensions, border, material, and other product information shown for the selected print at the time of purchase.

Minor variations inherent in fine-art printing and trimming may occur. These variations do not constitute a defect when the delivered print materially conforms to the product information and order confirmation.

A visible production defect or other material failure to conform is not considered a normal variation and will be handled in accordance with the Return and Refund Policy.

Orders, order acceptance, and cancellations

Placing an order constitutes an offer to purchase the selected artwork and size. An automated order confirmation acknowledges that the order has been received but does not guarantee that the order can be fulfilled.

Orders are subject to successful payment authorization, the availability of the selected limited-edition artwork and size, accurate pricing and product information, and our ability to complete the order. We may refuse or cancel an order because of suspected fraud, inaccurate or incomplete information, a pricing or listing error, unavailable inventory, or another material issue that prevents fulfilment.

If an order cannot be fulfilled, the customer will be notified and any amount charged will be refunded to the original payment method. No edition number will be issued for an order cancelled before production.

To request a cancellation or correction, contact orders@rodrigoeng.art within one hour of placing the order. A request can be approved only if the order has not entered production. Once production has started, the artwork is being made specifically for the order and cannot be changed or cancelled.

Cancellation or correction requests should include the Shopify order number and be sent from the email address used to place the order. The request time will be determined by the timestamp of the email received at orders@rodrigoeng.art, regardless of when we respond.

Customers are responsible for reviewing the selected artwork, size, billing information, shipping address, and contact information before submitting an order. A cancellation request is not confirmed until written approval is provided by Rodrigo Eng Photos.

Prices, currencies, taxes, and payment methods

Product prices are displayed in the currency applicable to the selected store market. Canadian and United States prices may be established independently and are not necessarily direct currency conversions of one another.

Prices may change without notice. A price change will not affect an order already placed and confirmed, except where an obvious pricing or listing error prevents the order from being fulfilled. If this occurs, the customer will be notified and may confirm the order at the correct price or receive a full refund to the original payment method.

Applicable sales taxes, if any, will be calculated and displayed during checkout as required by law.

Payment must be completed online through the payment methods offered at checkout. Available payment methods are provided through Shopify and other authorized payment providers and may be added, changed, or removed in the future. Rodrigo Eng Photos does not accept cash or in-person payment for website orders.

Customers agree to provide current, complete, and accurate billing and payment information. An order may be delayed or cancelled if payment cannot be authorized or if the information provided cannot be verified.

A bank, card issuer, or payment provider may apply currency-conversion charges, transaction fees, or other charges under its own terms. These third-party charges are not imposed or controlled by Rodrigo Eng Photos.

Shipping, delivery, duties, and import-related charges or responsibilities are addressed separately in the Shipping Policy.

Limited editions and Certificates of Authenticity

Each available size of an artwork is offered as a separate limited edition. The maximum number of prints available in that artwork and size is stated on the applicable product page. Once that edition has sold out, no additional prints will be offered in the same artwork and size as part of that edition.

Each print released for production is assigned a unique edition number. Edition numbers are assigned sequentially according to the established production records and cannot be selected or requested unless expressly offered by Rodrigo Eng Photos. If more than one print of the same artwork and size is purchased, each print will receive its own edition number.

A Certificate of Authenticity accompanies each print. The certificate identifies the artwork and its corresponding edition information and forms part of the authenticated limited-edition purchase.

An edition number is considered issued when the order is released for production. If an order is cancelled before production in accordance with the Return and Refund Policy, its proposed edition number may be returned to the available edition.

An authorized replacement does not increase the stated edition quantity or create an additional edition. The replacement remains associated with the authenticated purchase and corresponding Certificate of Authenticity record.

Certificates of Authenticity should be retained with the artwork. If a certificate is missing, damaged, or contains incorrect information when the order is received, the customer should contact orders@rodrigoeng.art promptly so the issue can be reviewed and corrected.

Production, shipping, delivery, and risk of loss

Rodrigo Eng Photos currently ship within Canada and to the 48 contiguous United States and Washington, DC. Shipping is not currently available to Alaska, Hawaii, US territories, or APO/FPO and other military addresses.

Each fine-art print is made to order. Production begins after the order has been reviewed, payment has been authorized, and the order has been released for production.

Estimated production and delivery times may be provided on the website, at checkout, or in order communications. These estimates are not guaranteed delivery dates. Delivery may be affected by production requirements, carrier operations, customs processing, weather, remote destinations, and other circumstances outside our reasonable control. Customers will be notified if we become aware of a material delay affecting their order.

Unless expressly stated otherwise on the applicable product page, prints are supplied unframed and shipped rolled rather than flat. Each print is shipped inside protective cylindrical packaging closed with plastic end caps.

Rolled shipment may cause the print to retain a temporary curl after unpacking. This is expected and, by itself, does not constitute a product defect. Creases, tears, crushing, moisture damage, or another material problem should be reported in accordance with the Return and Refund Policy.

Unless otherwise stated on the website or at checkout, standard shipping to eligible addresses in Canada and the United States is included in the displayed product price. Any optional expedited delivery, special handling, or other additional service must be agreed upon separately and may involve an additional charge.

We do not ship to post office boxes. A complete physical street address in Canada or the United States where the package can be safely received is required. An order submitted with a post office box may be placed on hold until an acceptable delivery address is provided. If an acceptable address cannot be provided, the order may be cancelled and refunded before production begins.

Tracking information will be provided when it becomes available. Customers are responsible for providing a complete and accurate shipping address and for monitoring the shipment. Address corrections should be requested immediately by contacting orders@rodrigoeng.art and cannot be guaranteed after an order has entered production or been transferred to the carrier. Additional shipping costs resulting solely from an incorrect or incomplete address supplied by the customer may be the customer’s responsibility.

Orders shipped across an international border may be subject to customs duties, import taxes, brokerage fees, or other government charges. Unless expressly stated as included at checkout, these charges associated with the original order are the customer’s responsibility.

Rodrigo Eng Photos remains responsible for reviewing verified cases of damage in transit, loss in transit, wrong delivery, or another material fulfilment issue in accordance with the Return and Refund Policy. When a replacement is authorized for one of these reasons, the customer will not be charged for the replacement print or standard replacement shipping. Rodrigo Eng Photos will also be responsible for reasonable duties or import charges resulting directly from the authorized replacement. Customers should contact orders@rodrigoeng.art before paying an unexpected charge associated with a replacement shipment whenever possible.

Responsibility for the package passes to the customer after delivery is confirmed by the carrier, subject to any rights that cannot be excluded under applicable law. If tracking shows that a package was delivered but it cannot be located, the customer should contact orders@rodrigoeng.art promptly so that a carrier investigation can be initiated.

Customers should inspect the print and packaging promptly after delivery. Deadlines and evidence requirements for reporting damage, defects, incorrect items, or other fulfilment issues are stated in the Return and Refund Policy.

Returns, refunds, and replacements

Because each fine-art print is made to order, all sales are final. Returns, exchanges, or refunds are not offered for a change of mind, personal preference, or an ordering error made by the customer, except where required by applicable law.

Cancellations, authorized replacements, refunds, damaged or defective prints, fulfilment errors, and packages lost or damaged in transit are handled in accordance with the Return and Refund Policy in effect when the order is placed. That policy forms part of these Terms of Service.

Nothing in these Terms or the Return and Refund Policy limits any consumer right or remedy that cannot lawfully be excluded or restricted.

Intellectual property and permitted use

Unless otherwise identified, the photographs, artwork, image files, titles, written stories, descriptions, graphics, logos, branding, and other original content presented through the website are owned by or licensed to Rodrigo A. Eng Castillo and are protected by copyright, trademark, and other applicable intellectual-property laws.

Purchasing a print transfers ownership of the physical print only. Copyright, moral rights, reproduction rights, and all other intellectual-property rights in the underlying artwork remain with the artist or applicable rights holder. No purchase grants permission to duplicate or reproduce the artwork in any form, including scanning the print, photographing it for reproduction, creating additional physical prints, producing digital copies, publishing or distributing copies, modifying the artwork, or creating derivative or commercial works from it.

The owner of a lawfully purchased physical print may possess, display, gift, or resell that physical print. When a limited-edition print is transferred to another owner, its Certificate of Authenticity should accompany it to preserve the artwork’s provenance. Transfer of the physical print does not transfer copyright or reproduction rights.

Website content may be viewed for personal, informational, and purchasing purposes. It may not be downloaded, copied, reproduced, republished, sold, licensed, scraped, used to train an artificial-intelligence or machine-learning system, incorporated into a digital token, or used for another commercial purpose without prior written permission.

Customers may share a link to the website or post their own photograph showing a purchased print displayed in their home, office, or other space, provided the photograph is not used as a high-resolution reproduction of the artwork, is not used commercially, and does not falsely suggest an endorsement or affiliation.

The Rodrigo Eng Photos name, logo, and associated branding are used and controlled by Rodrigo A. Eng Castillo and may not be used without prior written permission. Requests concerning licensing or permitted use may be sent to contact@rodrigoeng.art.

Acceptable website use and prohibited conduct

You may use the website only for lawful purposes and in accordance with these Terms of Service.

When using the website, checkout, contact forms, newsletter forms, or other available features, you must not:

• provide false, misleading, fraudulent, or unauthorized information;

• impersonate another person or use a payment method without authorization;

• interfere with the website’s operation, security, availability, or checkout process;

• introduce viruses, malicious code, or other technology intended to damage, disrupt, or gain unauthorized access to the website or related systems;

• attempt to bypass inventory limits, edition limits, security controls, purchasing restrictions, or other safeguards;

• collect or attempt to collect another person’s personal information without lawful authorization;

• use the website to transmit unlawful, abusive, threatening, defamatory, discriminatory, deceptive, or unsolicited content;

• infringe the intellectual-property, privacy, or other legal rights of Rodrigo Eng Photos or another person; or

• use automated tools to scrape, extract, copy, monitor, or commercially exploit website content without prior written permission, except for ordinary indexing by legitimate search engines.

When there is evidence of fraud, misuse, a security threat, or a material violation of these Terms, Rodrigo Eng Photos may reject or cancel an affected order, preserve relevant records, and report the activity to Shopify, the applicable payment or security service provider, or law-enforcement authorities where appropriate. The relevant service provider may apply technical restrictions or other protective measures. Any refund resulting from an order cancellation will be handled in accordance with the applicable payment and refund provisions and any rights that cannot be excluded by law.

Third-party services and external links

The online store is hosted and supported by Shopify. Shopify provides the ecommerce platform and related technical infrastructure, but Rodrigo Eng Photos is the seller of the artwork and the party responsible for customer orders under these Terms.

Rodrigo Eng Photos may use third-party service providers to support online payments, fraud prevention, website operation and security, print production and fulfilment, shipping, analytics, and customer or marketing communications. The providers and services used may change as the business and available technology evolve.

Certain website functions may be subject to the technical availability and applicable terms of those providers. The use of a third-party provider does not remove the responsibilities expressly assumed by Rodrigo Eng Photos under these Terms, the Return and Refund Policy, the Shipping Policy, or applicable law. The collection and handling of personal information by Rodrigo Eng Photos and its service providers are addressed in the Privacy Policy.

The website may contain links to external websites or services that are not owned or controlled by Rodrigo Eng Photos. These links are provided for convenience or reference. Unless expressly stated, their inclusion does not constitute an endorsement, sponsorship, or affiliation.

When visiting an external website, you are responsible for reviewing its terms and privacy practices. To the extent permitted by law, Rodrigo Eng Photos is not responsible for the independent content, availability, security, products, services, or practices of an external website. Concerns about an external link appearing on this website may be reported to contact@rodrigoeng.art.

Privacy and electronic communications

The collection, use, disclosure, retention, and protection of personal information associated with the website and online store are described in the Privacy Policy. By using the website or placing an order, you acknowledge that personal information will be handled as described in that policy and as permitted or required by applicable law.

When placing an order, you must provide a valid email address. You agree to receive electronic communications necessary to process and fulfil the order, including order confirmations, payment notices, requests for information, production or fulfilment updates, shipping notifications, and communications concerning cancellations, replacements, refunds, or delivery issues.

For security and order verification, communications concerning an order should be sent from the email address used at checkout and should include the order number. If you must contact us from a different email address, we may request additional information reasonably necessary to verify that you are the purchaser before disclosing order information or approving a cancellation, address change, replacement, or refund. An order-related request may be delayed until verification is completed.

Order-related and other transactional communications are not marketing messages and may be sent regardless of whether you subscribe to the newsletter. You are responsible for ensuring that the email address provided is accurate and for monitoring it for communications relating to the order.

Marketing emails will be sent only where the applicable consent or other lawful basis exists. You may withdraw consent to marketing emails at any time by using the unsubscribe link included in the message or by following another withdrawal method described in the Privacy Policy. Withdrawing marketing consent will not prevent necessary transactional communications concerning an existing order.

To the extent permitted by law, electronic communications and records may satisfy requirements that a notice, disclosure, agreement, or other communication be provided in writing.

Website availability, errors, and changes

Rodrigo Eng Photos makes reasonable efforts to keep the store’s content, product information, and policies current and accurate. The website and online store are hosted on Shopify, which provides and manages the underlying ecommerce infrastructure, including platform availability, maintenance, updates, monitoring, and technical security. Access to the website or particular features may occasionally be interrupted because of circumstances outside the reasonable control of Rodrigo Eng Photos. Rodrigo Eng Photos remains responsible for the content and configuration it controls and for taking reasonable care in managing its administrative access and connected services.

Website content, collections, product availability, features, and services may be updated, corrected, suspended, or discontinued when reasonably necessary. These changes will not alter the terms applicable to an order already placed and confirmed, except where an error or inability to fulfil the order is handled under the Orders, order acceptance, and cancellations section.

Rodrigo Eng Photos may correct typographical errors, inaccurate descriptions, pricing errors, omissions, or other website inaccuracies after they are identified. If a material correction affects an existing order, the customer will be notified and will be offered the options applicable under these Terms, including confirmation at the corrected price where appropriate or a refund to the original payment method.

If a website or service interruption materially affects the processing of an existing order, reasonable efforts will be made to restore the service or communicate with the affected customer. Nothing in this section limits an obligation already accepted for a customer order or a right that cannot be excluded under applicable law.

Product care, warranties, and liability

Rodrigo Eng Photos stands behind the product descriptions, print-quality commitments, and customer remedies expressly provided in these Terms, the Return and Refund Policy, and the Shipping Policy. Except for those commitments and any rights provided by law, no additional warranties are made.

The appearance and longevity of a fine-art print depend in part on appropriate handling, framing, storage, and display conditions. Rodrigo Eng Photos is not responsible for deterioration or damage caused after delivery by improper handling, installation, cleaning, alteration, storage, framing, or exposure to unsuitable environmental conditions.

To the extent permitted by law, Rodrigo Eng Photos is not responsible for indirect or consequential losses arising from use of the website or an order. Any liability relating to an affected order will not exceed the amount paid for that order. This limitation does not restrict an authorized refund, replacement, or any consumer right or liability that cannot lawfully be excluded or limited.

Governing law and dispute resolution

These Terms of Service and any purchase made through the online store are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to rules concerning conflicts of law. However, mandatory consumer-protection laws in the customer’s province, state, or other applicable jurisdiction may also apply where those laws cannot be waived or excluded by agreement.

Before beginning a formal legal proceeding, the customer and Rodrigo Eng Photos are encouraged to make a reasonable good-faith effort to resolve the matter directly. Questions or concerns may be sent to contact@rodrigoeng.art. This informal process does not prevent either party from seeking urgent relief or exercising a right within an applicable legal deadline.

Where permitted by law, disputes arising from these Terms, the website, or an order will be subject to the jurisdiction of the courts of Ontario, Canada. Nothing in this section removes any mandatory consumer protection, jurisdictional right, or remedy available to a customer under the law applicable to that customer.

Changes to these Terms

Rodrigo Eng Photos may update these Terms of Service when reasonably necessary to reflect changes to the store, products, services, operating practices, service providers, or applicable legal requirements.

The current version will be posted on the website with its effective or last-updated date. Unless otherwise required by law, an update will apply prospectively from the date it becomes effective and will not retroactively change the terms governing an order placed before that date.

The version in effect when an order is placed will continue to govern that order, together with any later change expressly agreed upon with the customer or required by applicable law.

Where legally required, reasonable notice of a material change will be provided. Continued use of the website after an updated version becomes effective constitutes acceptance of the revised Terms for future website use and future orders.

General provisions

These Terms of Service, together with the policies expressly incorporated into them, the applicable product information, and the order confirmation, form the agreement between the customer and Rodrigo Eng Photos concerning use of the website and purchases made through the online store.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue in effect.

A failure or delay by either party to exercise a right under these Terms does not waive that right. The section headings are provided for convenience and do not change the meaning of the provisions.

Nothing in these Terms prevents the lawful gifting or resale of a purchased physical print in accordance with the Intellectual property and permitted use section.

Contact information

Rodrigo Eng Photos
183 Maitland St.
Kitchener, Ontario N2R 0C3
Canada

General, legal, and privacy enquiries: contact@rodrigoeng.art
Order, shipping, cancellation, and replacement enquiries: orders@rodrigoeng.art