Terms of Sale

Effective date: August 2, 2026

1. Who We Are

These Terms of Sale apply to purchases from First Third Capital, Inc., a Florida corporation doing business as Premier Pop Art (“Premier Pop Art,” “we,” “us,” or “our”).

Our contact information is:

First Third Capital, Inc. d/b/a Premier Pop Art

17301 Biscayne Blvd., Miami, Florida 33180, United States

support@premierpopart.com

786-963-3888

The same legal seller name will appear at checkout, on accepted orders, invoices, payment instructions, shipment records, and refunds. Any owner, consignor, processor, or other party with a legally material role in a particular transaction will be identified separately where appropriate.

2. When These Terms Apply

These Terms, the accepted order or written sales agreement, and the policies incorporated into them form the agreement between you and us for your purchase. The version presented when you place the order governs that order. We may update these Terms prospectively, but an update will not change an already accepted order without your agreement.

If an accepted written order expressly conflicts with these Terms, the accepted order controls for that transaction. Nothing in these Terms limits a right or remedy that cannot lawfully be waived.

You must be at least 18 years old, legally able to enter a binding contract, and authorized to use the selected payment method. We sell and deliver only in jurisdictions and to addresses that we expressly accept.

3. Artwork Listings and Inquiries

A website listing or response to an inquiry is an invitation to discuss or submit an order unless it expressly states that it is a firm offer. Availability may change because artworks are unique and may be offered through more than one lawful channel.

For a Price on Request work, we will provide a written quote before asking you to make a binding purchase. The quote will identify the work, legal seller, price, charges, expected shipment timing, payment terms, and transaction-specific return designation. An inquiry or request for a quote is not a purchase order, does not reserve the work, and does not require you to buy.

4. Orders and Acceptance

Your submitted online order is an offer to purchase under the terms shown at checkout. An automated acknowledgment that we received the order does not by itself mean that we accepted it.

We accept an ordinary online order when we send a written acceptance or shipment confirmation, whichever occurs first. A telephone, email, Price on Request, international, or individually negotiated sale is accepted only through the written sales agreement identified in the transaction.

Before acceptance, we may decline an order because the work is unavailable, the listing contains a material error, payment cannot be completed, we cannot deliver to the requested location, fraud review cannot be completed, or the transaction cannot lawfully be completed.

If we discover a material pricing or description error, we will explain it and ask whether you wish to proceed on corrected terms. If you do not agree, or if the order cannot be fulfilled, we will cancel it and promptly release or refund any amount collected.

5. Artwork Information

Our Artwork Description, Authenticity, Title, and Condition Policy is part of these Terms. The accepted order identifies the factual description and documents included in the sale.

Written statements concerning artist, authorship, date, period, medium, edition, provenance, signature, and condition may create express warranties under applicable law. Nothing in these Terms negates those warranties or our obligation to transfer good and rightful title.

Photographs are intended to represent the specific work reasonably. Screen settings and lighting may affect perceived color. That normal variation does not excuse delivery of the wrong work or a material difference from the accepted written description.

6. Prices, Taxes, and Charges

All prices are in U.S. dollars unless the accepted order states otherwise. The accepted order will state the purchase price and any shipping, insurance, packing, tax, customs, or other charge collected by us. We will not add an undisclosed mandatory charge after accepting the order.

A crossed-out, comparison, retail, or previous price will be displayed only when Premier has a current, documented basis for the comparison. A Price on Request work will not be displayed as $0, free, or on sale.

7. Payment

We accept only the payment methods displayed at checkout or stated in a written order. Online card and accelerated-checkout options are processed through Shopify Payments and its payment partners. Do not send payment-card data by email.

For an approved wire, use only the verified process stated in the order. Independently confirm the beneficiary, bank, account details, amount, and invoice verification code by calling 786-963-3888 using the number independently published on premierpopart.com.

We may request information reasonably necessary to confirm identity, payment authority, delivery instructions, tax status, fraud prevention, sanctions compliance, or other legal requirements. We will provide an appropriate submission method and will not ask for a password or bank-login credential.

We offer an in-house layaway plan on eligible works from $1,500 to $50,000, described on our Layaway page. Layaway is not a loan and no credit is extended: the artwork is reserved and held by us, and title and possession transfer only after the final payment is received. Each plan is governed by a separate written layaway agreement provided before any payment is made, which states the artwork, total price, deposit, payment schedule, and the consequences of non-payment. The deposit is non-refundable, and if a plan is not completed within its agreed term the plan ends and amounts paid are forfeited. We do not offer installment credit or any other extension of credit.

Funds paid to us are payment to the seller, not escrowed funds, unless a separate written agreement expressly identifies an independent escrow arrangement.

By submitting a payment, you represent that you are the account holder or are authorized by the account holder to use the payment method, that the billing and transaction information you provide is accurate, and that the payment is for the order identified at checkout or in the written sales agreement. The charge should appear under FIRST THIRD CAPITAL / PREMIER POP ART. Contact us promptly if you do not recognize the descriptor or believe the amount is incorrect.

We may retain and provide to our payment processor, acquiring bank, card network, issuing bank, insurer, law-enforcement authority, regulator, or court transaction records reasonably relevant to fraud prevention or a payment dispute. Those records may include the accepted policy version and timestamp, checkout or signature evidence, payment and fraud-screening results, customer communications, work-specific photographs, packing records, tracking, delivery or signature confirmation, return records, and refund records, subject to our Privacy Notice and applicable law.

8. Shipping and Delivery

Our Shipping and Delivery Policy is part of these Terms. Every accepted order will state a supportable shipment date or period. If we cannot ship by the promised date, we will request your affirmative consent to a revised date or offer cancellation and a prompt full refund as required by law.

We will not substitute a store credit, conditional buy-back, resale arrangement, or delayed payment for a refund legally due.

9. Risk of Loss, Inspection, and Transit Damage

When we select the carrier, risk of loss remains with us until the work is delivered to you or a recipient you authorized at the accepted address. Title passes after full payment and delivery unless the accepted order or mandatory law states otherwise.

Please inspect the packaging and work promptly. A request to report visible transit damage within 48 hours helps us preserve carrier and insurance rights; it does not eliminate a valid claim involving concealed damage, authenticity, title, an incorrect work, material nonconformity, or another issue that could not reasonably have been discovered immediately.

10. Returns, Cancellations, and Refunds

Our Returns, Cancellations, Damage, and Refunds Policy is part of these Terms.

Eligible ordinary in-stock works may be returned for a voluntary change of mind when notice is provided within three calendar days after delivery and the return conditions are met. A work is Final Sale only when that designation is disclosed before payment and separately acknowledged. Final Sale does not limit remedies for damage, the wrong work, material misdescription, title, authenticity, or a right that cannot lawfully be waived.

We do not impose an automatic percentage restocking or cancellation fee, a flat chargeback fee, or a charge merely for exercising a lawful payment-dispute right.

11. Frames, Mounts, Bases, and Accessories

The accepted order will state whether a frame, mount, base, display case, hanging hardware, or other accessory is included and whether its condition is part of the sale. We will not treat an included accessory as legally irrelevant after representing it as part of the transaction.

12. No Investment, Tax, or Legal Advice

Art markets and resale values can change. Unless an accepted order expressly states otherwise, we do not guarantee appreciation, resale value, liquidity, auction-house acceptance, future repurchase, or the availability of a buyer.

Information we provide is not investment, legal, accounting, or tax advice. You may seek independent professional advice before purchasing. This section does not limit an express factual representation or warranty concerning the artwork itself.

13. International Transactions

International transactions are currently inquiry-only and are accepted only through a written sales agreement after destination-specific review. That agreement will address currency, payment, shipment, insurance, duties, taxes, importer responsibilities, and return treatment.

Nothing in a Florida choice-of-law clause removes a mandatory consumer right supplied by applicable destination law where that right cannot validly be waived.

14. Lawful Reviews, Complaints, and Payment Disputes

Contact and Investigation

We encourage you to contact us promptly if you have a concern so we can investigate and, where appropriate, correct the issue before it escalates. Nothing in these Terms prevents an honest review or communication with a regulator, law-enforcement agency, attorney, payment provider, court, or other lawful forum. We do not require confidentiality concerning a consumer transaction or dispute except for a separate, lawful obligation protecting genuinely confidential information.

Nonwaivable Payment Rights

Nothing in these Terms limits a lawful billing-error, unauthorized-transfer, claims-and-defenses, chargeback, or other payment-dispute right available under applicable law or binding payment-network rules. We do not impose a separate fee merely because you make a good-faith payment dispute.

Accurate Information and No Duplicate Recovery

If you initiate or participate in a card, bank, or payment-provider dispute, you agree to provide materially accurate and complete information concerning authorization, receipt, artwork identity and condition, communications, returns, cancellations, credits, and refunds. You must not knowingly characterize an authorized transaction as unauthorized, state that an artwork was not received when reliable delivery records show receipt by you or an authorized recipient, conceal a refund or return, or submit materially false evidence.

You may not obtain or retain a duplicate recovery for the same amount. If a refund, credit, insurance payment, payment-provider credit, or chargeback overlaps with another recovery, notify us and the relevant provider promptly and cooperate in correcting the duplication. We likewise will not seek double recovery.

Effect of a Chargeback or Payment Reversal

A provisional credit, chargeback, ACH return, bank reversal, or payment-provider decision does not by itself rescind an accepted order, transfer ownership of the artwork, determine whether either party breached the sale agreement, or finally adjudicate the parties' underlying rights. We may submit relevant transaction evidence through the payment-provider process and may contest a dispute we reasonably believe is inaccurate or unsupported.

If we receive notice of a payment dispute before shipment, we may place the order on hold while we investigate, decline acceptance, or cancel an unshipped accepted order and issue any refund required by law. Any hold or cancellation will comply with the promised-shipment, delay-notice, consent, and refund requirements that apply to the order.

If a dispute is finally resolved in our favor, withdrawn, or otherwise leaves an amount lawfully due, you remain responsible for that unpaid amount. If you retain the artwork while the accepted purchase price remains unpaid, we may seek the price, return of the artwork, damages, and other relief available under the agreement and applicable law. Any recovery will be reduced by amounts already received, and we will use legal process rather than unauthorized self-help. Attorneys' fees and costs are governed by Section 18.

If a final judgment determines that a buyer knowingly made a materially false statement or submitted fabricated evidence to obtain a payment reversal, the buyer is responsible, to the extent permitted by law, for Premier Pop Art's actual, reasonable, documented losses caused by that misconduct. This is not a fixed chargeback fee, does not apply to a good-faith dispute, and does not replace the prevailing-party rule in Section 18.

Cooperation and Preservation

While a payment dispute or related claim is pending, each party should preserve the artwork, packaging, transaction records, communications, and other material evidence. Do not ship the artwork without written return instructions. This preservation request does not require you to surrender a legal right or miss a deadline imposed by law, a court, or a payment provider.

15. Events Outside Reasonable Control

An event outside our reasonable control may affect performance. We will notify you, take reasonable steps to reduce the effect, and comply with applicable delayed-shipment, cancellation, and refund requirements. This section does not permit us to retain payment indefinitely or eliminate a right to cancel where the law requires one.

16. Responsibility and Mandatory Rights

Each party remains responsible for its own breach and for liability that applicable law does not permit it to exclude.

Nothing excludes or limits responsibility for fraud, intentional misconduct, breach of title or authenticity obligations, personal injury caused by legally actionable negligence, or a statutory consumer right. Nothing permits us to decide a disputed claim conclusively without appropriate legal process, seize or liquidate property from an unrelated transaction, charge a stored payment method without authorization, or act under an irrevocable power of attorney.

Subject to those limits, if a buyer materially breaches an accepted order, fails to pay an amount that is finally determined or admitted to be due, or retains an artwork after a payment reversal without a valid right to do so, Premier Pop Art may pursue the purchase price, incidental damages, return of the artwork, replevin, injunctive relief, or another remedy available under the agreement and applicable law. Premier Pop Art may not obtain both the artwork and an unreduced recovery of its full price, and any remedy must credit amounts or property already recovered.

17. Florida Governing Law; Exclusive Miami-Dade County Forum

These Terms, each accepted order, the incorporated policies, and every claim or dispute arising out of or relating to the website, an artwork, their formation, interpretation, performance, breach, enforcement, or the parties' transaction, whether arising in contract, tort, statute, equity, or otherwise, are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, to the fullest extent permitted by law. This choice does not deprive you of a mandatory consumer protection supplied by the law of your residence or another jurisdiction that cannot validly be waived.

Except for a claim that applicable law permits to be brought in a nonwaivable forum, and except for an eligible claim filed in the Small Claims Division of the Miami-Dade County Court, any lawsuit, action, or proceeding arising out of or relating to these Terms, an accepted order, an incorporated policy, or the parties' transaction must be filed exclusively in (a) a state court of competent jurisdiction located in Miami-Dade County, Florida, or (b) if federal subject-matter jurisdiction exists, the United States District Court for the Southern District of Florida, Miami Division. Each party submits to the personal jurisdiction and venue of those courts and, to the extent permitted by law, waives an objection based on improper venue or forum non conveniens.

This provision does not require arbitration, prevent access to an agency or regulator, eliminate a small-claims procedure available in Miami-Dade County, or override a forum right that applicable law makes nonwaivable. A forum clause does not create subject-matter jurisdiction where none otherwise exists.

18. Collection Costs; Attorneys' Fees and Costs

Before referring an unpaid balance to outside counsel or a collection agency, Premier Pop Art will send written notice itemizing the amount claimed and ordinarily provide at least ten calendar days to pay or explain the dispute. This notice period does not prevent a party from seeking emergency or provisional relief when reasonably necessary to preserve evidence, property, or a legal right.

If an amount is admitted, undisputed, or finally determined to be due and remains unpaid after the notice period, the buyer is responsible for Premier Pop Art's actual, reasonable, documented third-party collection and enforcement costs to the extent permitted by applicable law. No collection cost or fee will be assessed solely because a buyer asserts a reasonable good-faith dispute or exercises a nonwaivable right. Any attorneys' fee request remains subject to the prevailing-party paragraph below and determination by the court or tribunal.

To the fullest extent permitted by applicable law, the prevailing party in any civil action or proceeding arising out of or relating to the website, an artwork, these Terms, an accepted order, an incorporated policy, a payment dispute, collection of an amount lawfully due, or the parties' transaction, whether arising in contract, tort, statute, equity, or otherwise, is entitled to recover its reasonable attorneys' fees and taxable costs from the nonprevailing party. This mutual provision applies equally to Premier Pop Art and the buyer and includes reasonable fees and costs incurred at trial, on appeal, in a bankruptcy or insolvency proceeding, and in enforcing or collecting a judgment. A court or other tribunal with authority will determine prevailing-party status and the reasonableness and recoverability of the requested fees and costs.

If a statute or other controlling law supplies a different fee rule, prohibits fee shifting, or requires additional findings, that law controls. Nothing in this Section makes a customer liable for fees merely because the customer makes a good-faith complaint, return request, payment dispute, or statutory claim. Nothing limits a court's independent power to award fees or sanctions when authorized by law.

19. Changes to These Terms

We may update these Terms for future transactions by posting a revised effective date. The version accepted with an order continues to govern that order unless both parties lawfully agree in writing to a change. We will not apply a material change retroactively where consent or another legal step is required.

20. General Provisions

If part of these Terms is unenforceable, the remaining provisions continue to apply to the extent they can operate fairly and lawfully. Failure to enforce a provision on one occasion is not a permanent waiver.

The accepted order and incorporated policies are the entire agreement concerning the sale, but this sentence does not exclude a representation, warranty, or right that applicable law prevents us from excluding.

The provisions concerning payment authorization, payment disputes, duplicate recovery, lawful collection, remedies, Florida governing law, exclusive Miami-Dade County forum, and attorneys' fees and costs survive completion, cancellation, return, refund, or termination of an order to the extent reasonably necessary to resolve a claim arising from that order.

Questions may be sent to support@premierpopart.com or 786-963-3888.