These terms govern the use of the website artpaintingbynumbers.com and every commercial transaction between Art Painting by Numbers ("we", "us", "the Supplier") and the business or individual placing an order ("you", "the Buyer"). By requesting a quotation, approving a proof, paying a deposit or placing an order, you accept these terms. Where you and we have signed a separate supply agreement, non-disclosure agreement or purchase order whose terms conflict with these, that document prevails for the matters it covers.
1. Scope and definitions
- Goods — paint by numbers kits and related products, including canvas, acrylic paints, brushes, reference and thank-you cards, packaging and any branded component.
- Custom order — an order for Goods made to your artwork, specification, branding or packaging design.
- Standard order — an order for Goods from our ready design library without modification beyond your insert or label.
- Dropshipping order — a single-unit order shipped directly to your customer in blind packaging.
- Proof — the digital artwork file we supply for your approval before production.
- MOQ — the minimum order quantity stated in the quotation for the relevant specification.
- Incoterm — the delivery term agreed in the quotation, expressed under Incoterms 2020 (default FOB Tianjin).
2. Quotations and contract formation
2.1 A quotation is an invitation to treat, not an offer, and is valid for 30 days from the date issued unless a shorter period is stated. Prices depend on material, print, packaging and freight costs which move; after the validity period we will re-quote rather than honour a stale price.
2.2 A contract is formed only when we accept your order in writing — typically by issuing a proforma invoice, a sales confirmation, or by accepting your deposit. Until then either party may withdraw without liability.
2.3 Quoted prices are per unit, exclusive of freight, insurance, import duty, VAT, GST, sales tax and any destination charges unless the Incoterm expressly includes them. A quotation marked FOB Tianjin includes export clearance and delivery alongside the vessel at Tianjin Xingang; everything from that point is the Buyer's responsibility and cost.
2.4 Prices are quoted in US dollars unless another currency is stated. Bank charges levied by your bank or intermediary banks are for your account; we must receive the full invoiced amount.
2.5 Indicative pricing published on this website is provided for budgeting only and does not constitute a quotation. Only a written quotation referencing your specification is binding.
3. Samples
3.1 Sample charges are stated when a sample is requested. Courier costs are payable by the Buyer. Sample cost for a standard design is refunded in full against the first production order placed within 90 days.
3.2 A sample is representative, not identical. Hand-made and hand-kitted craft goods vary slightly between sample and mass production in colour saturation, canvas tension and print registration, within the tolerances in section 6. If you require an exact production-representative reference, request a pre-production sample from the production run, which we can arrange at additional cost and time.
3.3 Approval of a sample or a Proof constitutes acceptance of the design, colour count, component specification and packaging shown, and waives any later claim based on those approved characteristics.
4. Design service and artwork approval
4.1 Our design service — converting artwork or photographs into a numbered layout, optimising colour count, creating packaging dielines and preparing Proofs — is provided free of charge to Buyers who place a production order. Where an order is not placed, we may charge a reasonable design fee, disclosed in advance.
4.2 You must approve the Proof in writing before production starts. Production lead times run from the date of written approval, not from the date of order or deposit. Revisions requested after approval, or changes to artwork once production has begun, may incur re-plate, re-print and delay costs, which we will quote before proceeding.
4.3 Colour reproduction on screen differs from colour on printed canvas and from colour in a physical paint pot. We match against the approved Proof and, where you supply Pantone references or a physical swatch, against that reference under daylight-balanced lighting. Monitor calibration is your responsibility when reviewing Proofs.
4.4 You are responsible for checking spelling, language accuracy, barcode numbers, compliance warnings, age grading and mandatory labelling on the Proof. Errors that were present in an approved Proof are not manufacturing defects.
5. Intellectual property and permitted artwork
5.1 You warrant that you own, or hold a valid licence to, every artwork file, photograph, logo, character, brand mark and text you supply to us, and that its reproduction does not infringe any third party's copyright, trade mark, design right, personality right or other intellectual property. You indemnify us against all claims, losses, damages, costs and legal fees arising from a breach of this warranty, including claims brought by a rights holder or by a customs authority seizing infringing goods.
5.2 We will refuse to produce artwork that we know or reasonably suspect infringes third-party rights, including copyrighted cartoon, film, game, sports-team or celebrity imagery, and registered trade marks, unless you provide written evidence of a licence. This applies regardless of order value.
5.3 Our ready design library, canvas layouts, paint recipes, packaging dielines, tooling, production know-how and website content remain our property. Nothing in these terms transfers our intellectual property to you.
5.4 Where we create bespoke artwork, packaging design or paint formulations commissioned by you and paid for, we assign to you the right to use that bespoke output for your own products, and we will not sell or reuse it for any other customer. Underlying general methods, templates, software and know-how remain ours. We may sign a separate intellectual property or non-disclosure agreement covering a specific project.
5.5 Custom tooling — printed box plates, cutting dies, engraving fixtures — remains our property unless you have paid a tooling buy-out, in which case we will hold it for your exclusive use for 24 months and release or destroy it on request thereafter.
6. Quality, tolerances and inspection
6.1 We inspect at four points: incoming materials, in-line printing, kitting, and final sampling. Final inspection follows AQL 2.5 for major defects and AQL 4.0 for minor defects unless you specify a stricter level in writing.
6.2 Hand-made craft goods carry normal manufacturing tolerances. Unless otherwise agreed in writing: canvas dimensions ±2 mm; print registration ±0.5 mm; paint fill volume ±5%; colour difference from the approved reference ΔE ≤ 3.0; carton and box dimensions ±3 mm; gross weight ±5%. Quantity shipped may vary by ±3% of the ordered quantity, invoiced at the actual quantity shipped — standard practice in made-to-order manufacturing.
6.3 You may appoint a third-party inspection company at your cost, at our factory, before shipment. We will cooperate with any reasonable inspection and will not ship until you confirm release following a passing report.
6.4 Inspection reports and production photographs are supplied as a courtesy. Their provision does not transfer risk earlier than the agreed Incoterm.
7. Payment terms
| Method | Terms | Notes |
|---|---|---|
| Bank transfer (T/T) | 30% deposit to schedule production; 70% balance before shipment | Standard for orders above $2,000. Buyer bears bank and intermediary charges. |
| PayPal | 100% in advance | Orders under $2,000. PayPal fees may be added and disclosed on the invoice. |
| Wise | 100% in advance, or 30/70 | Lower-cost transfers for small and medium orders. |
| Alibaba Trade Assurance | Per platform terms | For Buyers who prefer platform escrow protection. |
| Letter of credit (L/C) | At sight, confirmed | Container-load orders above $30,000, by prior agreement. |
| Net terms | By application | Available to accounts with three completed orders and a clean payment history. |
7.1 Production does not begin until cleared funds for the deposit are received. Lead times are quoted from the later of cleared deposit and written Proof approval.
7.2 Goods remain our property until paid for in full. Risk passes according to the agreed Incoterm regardless of the retention-of-title position.
7.3 Late payment of any undisputed amount accrues interest at 1.5% per month or the maximum permitted by law, whichever is lower, and we may suspend further production or shipments until the account is current.
8. Lead times and delivery
8.1 Production lead time is 8–15 days from the later of cleared deposit and written Proof approval, for a standard custom order. More heavily customised orders carry the longer lead times published on the OEM and private label page.
8.2 Lead times are estimates given in good faith and are not guarantees. They are extended, without liability to us, by: your delay in approving a Proof or paying a balance; changes requested after approval; material shortages; failure of a component supplied or nominated by you; force majeure under section 12; and seasonal peaks including the weeks before Chinese New Year and the third-quarter peak for Q4 retail stock. We will tell you promptly if a delay is foreseeable.
8.3 Delivery obligations are defined by the agreed Incoterm under Incoterms 2020. Under FOB Tianjin we deliver when the Goods are placed alongside the vessel nominated by you at Tianjin Xingang, cleared for export; you bear all cost and risk from that point, including main carriage, insurance, import clearance, duty and tax. Partial shipments and transhipment are permitted unless you state otherwise in the order.
8.4 If you fail to nominate a carrier or collect Goods that are ready for collection within 14 days of notification, we may store them at your risk and cost, and the Goods are deemed delivered for payment purposes.
9. Cancellation and returns
9.1 Standard orders from our ready design library may be cancelled before production begins by written notice, with a full refund of any deposit.
9.2 Custom orders — Goods made to your artwork, branding, packaging design, colour specification or size — cannot be cancelled once the Proof is approved and production has begun, and cannot be returned, because they have no market other than to you. The deposit is not refundable in those circumstances. If we have bought materials specific to your order, we may invoice their cost.
9.3 Statutory consumer rights are unaffected where they cannot lawfully be excluded. Business Buyers in jurisdictions that permit it accept that these are made-to-order goods within the meaning of the applicable distance-selling exclusion.
9.4 Non-conforming Goods must be reported within 14 days of delivery, with photographs or video sufficient to identify the defect and the affected quantity. We will then, at your election and our cost: replace the affected units in your next shipment, issue a credit note against future orders, or refund the proportion of the price attributable to them. Replacement or refund is the full extent of our liability for a quality claim.
9.5 Claims are not valid for: variation within the tolerances in section 6.2; defects arising from an approved Proof or approved sample; damage caused by your chosen carrier after risk passed; improper storage, water damage or temperature exposure after delivery; or normal wear in retail handling.
10. Dropshipping terms
10.1 The dropshipping programme has no minimum order, no monthly fee and no inventory commitment. You pay per order after your customer has paid you.
10.2 Orders dispatch within 24–48 hours for stocked designs and 3–5 days for custom photo kits. Transit times are carrier estimates and are not guaranteed; you are responsible for stating accurate delivery expectations on your own storefront.
10.3 Parcels ship blind: plain packaging, no invoice showing your cost, no reference to our company. The postal origin country cannot be concealed and you should disclose it in your own shipping policy.
10.4 You are the seller of record to your customer and are solely responsible for your product descriptions, pricing, refunds policy, consumer law compliance, taxes, duties and marketplace policy compliance — including Amazon's requirement that the seller of record is identified on all packing slips and packaging. We supply product information and images in good faith but you must verify it against your market's rules.
10.5 You are granted a non-exclusive, non-transferable licence to use the product images, titles and descriptions we supply, solely to market our Goods on your own sales channels. The licence ends when your participation in the programme ends.
10.6 Lost or damaged parcels reported within 14 days with the order number are reshipped at our cost or refunded in full, at your election. Carrier claims are ours to pursue.
10.7 We may suspend or terminate a dropshipping account for selling infringing artwork, misrepresenting the Goods, generating an excessive chargeback or complaint rate, or using our imagery in advertising that misrepresents the product.
11. Product safety, compliance and intended use
11.1 Our acrylic paints are water-based and non-toxic. Products are craft and hobby items. They are not food, must not be ingested, and should be used under adult supervision where a child is painting.
11.2 Which safety regime applies depends on your market and your age grading. You must tell us your destination country and target age group at quotation stage. Where you request it we arrange third-party testing to EN71-1/-2/-3, ASTM F963, CPSIA, REACH, CE or UKCA and supply reports, which are chargeable and quoted separately.
11.3 You are responsible for compliance in your own market: age grading and warning labels, choking-hazard statements, poly-bag suffocation notices, importer details on packaging, product safety registration, marketplace requirements, and any recall obligations. We supply the documentation within our knowledge and control; we do not give legal advice on your market's requirements.
11.4 Goods supplied without a child-safety test report are intended for sale to adults aged 14 and over, and you must grade and label them accordingly.
12. Force majeure
Neither party is liable for failure or delay caused by events beyond reasonable control, including natural disaster, flood, earthquake, epidemic, fire, explosion, war, terrorism, civil unrest, embargo, sanction, government action, port or airport closure, carrier failure, strike, shortage of raw materials or energy, and utility or network failure. The affected party must notify the other promptly and use reasonable efforts to mitigate. If the event continues beyond 45 days, either party may cancel the affected portion of the order without penalty, and you will be refunded for Goods not yet produced.
13. Limitation of liability
13.1 Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded or limited.
13.2 Subject to 13.1, our total aggregate liability in connection with any order, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the price actually paid for the Goods giving rise to the claim.
13.3 Subject to 13.1, we are not liable for indirect or consequential loss, or for loss of profit, loss of revenue, loss of anticipated saving, loss of business opportunity, loss of goodwill, marketplace account suspension, advertising spend, or any special damage, however caused.
13.4 You are responsible for insuring Goods after risk passes under the agreed Incoterm, and for insuring your own business against the risks these terms allocate to you.
14. Website use
14.1 Content on this website — text, photographs, tables, price information, design layouts, graphics and the arrangement of all of them — is ours or licensed to us and is protected by copyright and trade mark law. You may read it, print extracts for internal business use, and quote it with attribution. You may not reproduce it commercially, scrape it into a competing catalogue, or present it as your own.
14.2 Information published here, including indicative prices, lead times, specifications and shipping estimates, is provided in good faith for general guidance and may change without notice. It does not form part of any contract unless incorporated into a written quotation.
14.3 You agree not to use this website to transmit malware, attempt unauthorised access, interfere with its operation, submit fraudulent enquiries, or use automated tools to harvest content or contact details.
14.4 Enquiry forms and email links on this website are for legitimate business enquiries. We handle the personal information you submit in accordance with our privacy policy.
15. General
15.1 Governing law and jurisdiction. These terms and any contract formed under them are governed by the laws of the People's Republic of China, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Disputes that cannot be resolved by good-faith negotiation within 30 days are submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Tianjin or Beijing under its rules then in force, conducted in English before one or three arbitrators. The award is final and binding. Nothing prevents either party from seeking urgent injunctive relief in any court of competent jurisdiction to protect intellectual property.
15.2 Assignment. You may not assign or transfer an order or these terms without our written consent. We may assign our rights to receive payment to a bank or trade finance provider.
15.3 Entire agreement. These terms, together with your accepted quotation and any signed NDA or supply agreement, are the entire agreement and supersede prior discussions. No variation is binding unless in writing and signed by both parties.
15.4 Severability. If any provision is held invalid or unenforceable, the remainder continues in full force and the invalid provision is replaced with a valid one closest to the original commercial intent.
15.5 No waiver. Failure or delay in exercising a right is not a waiver of it. A waiver of one breach is not a waiver of any other.
15.6 Third-party rights. A person who is not a party to a contract under these terms has no right to enforce it.
15.7 Language. These terms are written in English. If a translation is provided for convenience, the English version prevails.
15.8 Changes. We may update these terms as our services, costs or legal obligations change. The version in force is the one published on this page at the date your order is accepted, identified by the "last updated" date above.
16. Contact
Questions about these terms, or about a specific order, should go to:
- Art Painting by Numbers, Room 508, Building 5, No. 100 Youyi Road, Hexi District, Tianjin, China
- Email: [email protected]
- Phone / WhatsApp: +86 186 3116 5031
Plain-language answers to 77 buyer questions, including claims, cancellation, tolerances and payment, are on our FAQ page. The full range of what we provide is on our services page.
Commercial terms in practice are summarised on our wholesale, OEM and private label and dropshipping pages. Data handling is covered by our privacy policy. Company background is on our about page.