Buyer and User Terms And Conditions For ArtworkForSale.com

Please read these Terms and Conditions carefully before you start to use the website or transact any purchases.  The following terms and conditions are expressly incorporated herein (collectively ” Terms”) and apply to the use of ArtworkForSale.com website. By using the website and or completing any purchases, you accept and agree to abide by these Terms.  If you do not agree to these Terms or the Privacy Policy, whether in whole or in part, you must exit the website and refrain from placing any orders.

Changes to the Terms

We may, in our sole discretion, revise and update these Terms from time to time. You must check this page from time to time to take notice of any changes we make, as they are binding on you. Your continued use of the website or ordering of any Products following the posting of any revised Terms means that you accept and agree to the changes.

Accessing the website

Purchases are only allowed for individuals who are 18 years or older. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”) to access this website, you will be solely responsible for (i) the online conduct of such Minor – including any Purchases, (ii) monitoring such Minor’s access to and use of this website, and (iii) the consequences of any use of the website by such Minor.  We do not intend to solicit information or to market any Products or services to Minors through this website Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend any Products and services we provide on the website at our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users. You are responsible for ensuring that all persons who access the website through your connection are aware of these Terms and that they comply with them.

Passwords and Security

To access the website or some of the resources it offers, or in order to make purchases the buyer/customer must provide the following registration information: (1) full name, (2) address as it appears on your driver’s license,
(3) zip code, (4) birthdate, (4) drivers licence number. As a Marketplace Facilitator, ArtworkForSale.com Inc. needs your zip code to calculate the correct amount of State and County sales taxes we must remit to your
State and County of residence. We need your birthdate to ensure that you are of legal age to enter into a contract. We obtain your driver’s license number so that we can verify this information. It is a material condition of the use of the website and the completion of any purchases that all the information you provide the website is correct, current, and complete. You agree to immediately notify ArtworkForSale.com of any unauthorized use of your username and password or any breach of security and to exit from your account at the end of each session. We have the right to disable any user account.

Online Ordering

After placing an order, the buyer will receive an email from ArtworkForSale.com acknowledging that the Seller has received your order (“ORDER CONFIRMATION). Please note that this does not mean that your order has been accepted or processed. All orders are subject to acceptance by the seller based on availability. The Seller will send a confirmation (“Shipment Confirmation”) of your order.

Buyer will be charged the full amount of the product at the time the order is placed.

Price & Availability of Products

Prices, the specifications as well as the availability of Products on the website are subject to change without notice. Errors will be corrected when discovered. If a Product’s correct price is different than the price stated on our website, we will contact you for instructions before shipping the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you an Order Confirmation or a Shipment Confirmation.  If a product is out of stock, you agree that we may cancel your order after you have received an Order Confirmation without penalty.

Withdrawal of Products

We reserve the right to withdraw any Product from this website at any time and remove or edit any materials or content on this website. While we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

We will not be liable to you or any other third party because of our withdrawing any Product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the Order Confirmation.

Taxes

We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable Purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed.  Errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of Product we sell.  You  waive your right to claim that the tax collected on any Purchase is incorrect in any respect and agree to hold harmless ArtworkForSale.com, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your Purchases.  As a result of any error, we may over-collect or under-collect your tax.   You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. ArtworkForSale.com will collect and remit taxes in all 50 states when applicable. For Purchases where sales tax is applicable, you will see the tax calculated on the checkout page before you are asked to confirm the Purchase.

Shipment & Delivery

Products can be shipped only to a street address within the 50 United States and the District of Columbia.

Your order will be fulfilled by the estimated delivery date set out in the Shipment Confirmation. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date. No delivery dates are guaranteed and should not be relied upon in any circumstances.  Some ArtworkForSale.com Products my require  special handling as specified by federal, state, and local regulations governing the shipping of these items. ArtworkForSale.com complies with these regulations, and therefore the shipment of some Products to certain locations may not be possible. Please contact the ArtworkForSale.com Customer Service Department for additional shipping information.  If a carrier is unable to deliver it to the specified shipping address due to no fault of ArtworkForSale.com, ArtworkForSale.com will attempt to re-ship the Products at the buyer’s expense.

Risk of Loss; Title

All Product Purchased from our website are made under a shipment contract.  This means that, subject to payment of the Products in full, the risk of loss and title for such Product(s) pass to you upon ArtworkForSale.com’s tender of the Product to the carrier.

Product Return Policy

If for any reason you are not completely satisfied with any ArtworkForSale.com Product you may return the Product within  10 (Ten) days from the date of delivery of the product.
It is within this 10 days that the Buyer, Purchaser must request a return by phone and email at customercare@artworkforsale.com
to request and schedule a return.
The Painting, Sculpture, Photograph, or Product, must then be returned immediately through the same delivery carrier as
delivered, must be packaged in the same materials as delivered, and the Painting must be in the exact condition as delivered.
Buyer, Purchaser is expected to purchase insurance for the amount of the Artwork. Buyer is responsible for damage to any piece of artwork unless it is determined that the carrier is at fault for the damage. Buyer is to obtain tracking information and delivery confirmation.
Upon return receipt of the Painting, Sculpture, Photograph, or Product to the Artist, and upon inspection of such is found to be in the exact same condition as sent to the Buyer, Purchaser a refund will be processed, for the cost of the Artwork only. Return shipping and insurance costs will not be reimbursed and a 10% Transaction Fee will be charged to the Buyer, Purchaser.  These funds will be reimbursed by check or on the credit card used to make the purchase.

DISCLAIMER OF WARRANTIES – PRODUCTS

ARTWORKFORSALE.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability – Products

IN NO EVENT WILL ARTWORKFORSALE.COM, ITS  SUBSIDUARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE website, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE website OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE website OR SUCH OTHER WEBSITES, INCLUDING FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Intellectual Property Rights

The entire contents of the website are owned by ArtworkForSale.com or its licensors and are protected by United States, Canada, European Union and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property, industrial or proprietary rights.

You are permitted to use the website for your personal or legitimate business purposes.  Except where explicitly authorized by ArtworkForSale.com you must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our website, or the website itself without the prior written consent of ArtworkForSale.com in each instance.

If you wish to make any use of any material on the website, which is not specifically intended for public or marketing use or other than that set out above, please address your request to: info@ArtworkForSale.com.

If you print, copy, modify, download or otherwise use any part of the website in breach of these Terms, in addition to any other legal rights and remedies available to us, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title or interest in or to the website or any content on the website are transferred to you, and all rights not expressly granted are reserved by ArtworkForSale.com and its licensors. Any use of the website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

ArtworkForSale.com’s Trademarks

ArtworkForSale.com’s name, trademarks, ArtworkForSale.com’s logo and all related names, logos, Product and service names, designs and slogans are trademarks of ArtworkForSale.com, its affiliates or licensors. You must not use such marks without the prior written permission of ArtworkForSale.com. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the website only for lawful purposes and in accordance with these Terms and in any way that violates any applicable federal, state, local and international law or regulation.

Copyright Infringement

If you believe that any User Contributions or any content displayed on the website violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.

Information about you and your visits to the website

We collect and use information about you in accordance with our Privacy Policy. By using the website, you consent to such collection and use, and you represent and warrant that all data provided by you is accurate.

Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website.

Website Linking to the website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and unless otherwise agreed, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.  If you decide to access any of the third party websites linked to or from this website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.

Disclaimer of Warranties

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE website OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, IT’S CONTENT AND ANY PRODUCTS, SERVICES OR DOWNLOADS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ARTWORKFORSALE.COM NOR ANY PERSON ASSOCIATED WITH ARTWORKFORSALE.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ARTWORKFORSALE.COM NOR ANYONE ASSOCIATED WITH ARTWORKFORSALE.COM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ARTWORKFORSALE.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

IN NO EVENT WILL ARTWORKFORSALE.COM, ITS  SUBSIDUARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify and hold harmless ArtworkForSale.com, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the website, including, without limitation, any use of the website’s content, services and Products other than as expressly authorized in these Terms or your use of any information obtained from the website.

Governing Law and Jurisdiction

If you access this website from: (i) within the USA, these Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida  without giving effect to any choice or conflict of law provisions. You agree that the courts situated in West Palm Beach, Florida  shall have exclusive jurisdiction to hear any dispute or claim arising hereunder

However, ArtworkForSale.com retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

Waiver and Severability

No waiver of these Terms by ArtworkForSale.com shall be deemed a further or continuing waiver of such or any other term or condition, and any failure of ArtworkForSale.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms is held by a court of competent jurisdiction to be illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, so that the remaining provisions of the Terms will continue in full force and effect.

Language

If we have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with ArtworkForSale.com. If there is any contradiction between what the English language version of the Terms says and what a translation states, then the English language version shall take precedence.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under hereunder to the extent that such failure or delay is caused by an event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

Entire Agreement

The (i) Terms and our (ii) Privacy Policy, and (iii) and Copyright Policy constitute the sole and entire agreement between you and ArtworkForSale.com with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.

Comments and Concerns ArtworkForSale.com, Inc.
info@artworkforsale.com