TERMS AND CONDITIONS
Applicability and Acceptance
Fine Art Sales Abstract Art by Gayle Printz, GaylePrintz.com, Gayle Printz, and its affiliates, successors and assigns (individually, and collectively, referred to herein as “Fine Art Sales, Abstract Art by Gayle Printz,” “the Artist,” “GaylePrintz.com," “Gayle Printz,” “the Website,” “our,” “we,” “us,” and the like) provides features and tools that allow qualified users and any other person(s) or companies they represent (such users, on their own behalf and on behalf of any other persons or companies the users represent, hereinafter individually, and collectively, referred to as “you,” “your,” “users,” “buyers,” “purchasers,” and the like) to view, bid on, and and purchase original works of art and digital images of our Artist’s Original works of art (“Products,” “Original Art,” “Artwork,” and the like) directly through Gayle Printz, Fine Art Sales, Abstract Art by Gayle Printz, or our website, accessible at GaylePrintz.com (each individually and collectively referred to as the “Site,” “Our Website,” and the like) together with any services, software, tools, features or functionality made available through associated Third-party Service Providers of online services ( “our Services,” “the Services,” “Service,” “Providers,” and the like).
You expressly acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you also acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products, services, User-Generated Material and information available at or through the Services, the possibility of our review, use or display of User-Generated Material, and the possibility of publicity and promotion from our review, use or display of User-Generated Material that You provide.
By accessing, viewing, bidding on, or purchasing a Product listed on Our Website, You understand expressly agree that these Terms and Conditions (“Terms and Conditions”) govern Your access to, and use of, Our Services and that any use of our Website, and all bids and sales associated with our Products are contingent upon Your acceptance of the Terms and Conditions, as may be modified by us from time to time. By using our Website, in particular, by bidding on or purchasing a Product, You expressly agree to be bound by these Terms and Conditions, as amended from time to time. Please read them carefully and often, as the following Terms and Conditions, and any other policies linked to herein, govern your access to, and use of, all Services, and constitute a binding legal agreement between you and Fine Art Sales, Abstract Art by Gayle Printz.
Representation and Reservation of Rights
We represent and warrant that, as to Original Works of Art made available through the Services, We are the creator of all such Original Works of Arts and the sole and exclusive owner of all such Original Works of Art and the digital rights thereto. You acknowledge and understand that all digital rights, title and interest to an original work, a digital work, and all derivative intellectual property remain the sole intellectual property of Fine Art Sales, Abstract Art by Gayle a Printz, and that WE retain all digital rights to all Original works after sale of the physical Original work. Reproduction of any Product infringes on the copyright of the Artist and, therefore, will be an actionable violation of U.S. and International Copyright Laws. That is, ALL DIGITAL RIGHTS TO THE ORIGINAL WORK ARE RESERVED BY, AND REMAIN THE PROPERTY OF, THE ARTIST. You acknowledge and agree that no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us, Our licensors, and Third-party Providers, except for the licenses and rights expressly granted herein.
A. All Original Works of Art sold by Fine Art Sales, Abstract Art by Gayle Printz, and Services of our Third-Party Providers, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
B. WITHOUT LIMITING THE FOREGOING, Fine Art Sales, Abstract Art by Gayle Printz EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE ALSO DISCLAIM ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF, ACCURACY, AVAILABILITY, QUALITY, COMPATIBILITY WITH ANY OF PURCHASER STANDARDS OR REQUIREMENTS, AS WELL AS ANY WARRANTIES ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY.
C. WE MAKE NO WARRANTY that the Website, Services, or Content, will (i) meet your requirements, or (ii) be available, uninterrupted, secure, or error-free.
D. We make no warranty regarding the quality of any Products, or the quality of any Services, or the quality of any Content, or the accuracy, timeliness completeness, or reliability of any Content obtained through the Website or Services.
E. You understand and agree that no warranty, express or implied, is created based on Your reliance on oral or written advice or information obtained from Fine Art Sales, Abstract Art by Gayle Printz or GaylePrintz.com.
By viewing, using, accessing, browsing, or purchasing a work on or through our website or Services, or submitting or posting any content or material on GaylePrintz.com, or otherwise using our Services, You expressly acknowledge, agree, warrant and represent THAT:
B. You consent to all Terms and Conditions herein before accessing or using our Services;
C. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
D. YOU have read and understand these Terms and Conditions, You recognize Your consent to the Terms and Conditions are a condition precedent to Your use of any and all Services, including viewing Our products, purchasing Our products, and/or conducting business with Us, whether online, by phone, in person, via an Agent, or by using any associated Services;
E. You understand these Terms and Conditions are a binding legal contract between You and Fine Art Sales, Abstract Art by Gayle Printz;
F. If You do not accept all Terms and Conditions, You will not access or use any of our our Services;
G. You understand that any purchase initiated or completed in abrogation of the Terms and Conditions, in whole or in part, may be terminated by Us; and,
H. You understand that We reserve the right to modify any item contained in the Terms and Conditions at any time. Changes will be effective immediately upon posting to Our website, at which time such they shall be incorporated herein and made a part hereof. Should you access or use our Services after such changes are posted, you are subject to their terms.
Product, Payment, Fulfillment and Gift Card Information
Nothing on this Service Website constitutes an offer. Rather, the prices posted constitute an invitation for you to bid on, or make your own offer to purchase Products. All Product orders are subject to acceptance by GaylePrintz.com.
Payments are processed by our PCI-compliant third-party payment processor. All Product orders and Services by our third-party payment processor are governed by these Terms and Conditions:
A. Purchases must be made by credit card, debit card, or PayPal through our third-party Service Provider;
B. Payment will not be processed if any information you submit is incorrect or invalid;
C. We have no responsibility or liability if your credit, debit card or PayPal payment is declined;
D. You may purchases a gift card through the our third-party payment processor. However, we cannot issue store credit for gift cards;
E. Once payment is made, there are no refunds; and
F. We reserve the following rights:
To change the price of any product on our website without notice; and,
To take a product out of inventory for sale, or modify a listed product, at any time, without notice.
TERMS OF SALE
A. We make every possible effort to accurately display the colors, textures, dimensions and images of every product. However, we cannot guarantee that your computer monitor will accurately depict the detail and color of the piece. You understand and agree that we use commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, We are not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and we disclaim all liability in this regard;
B. Product colors, measurements, and weights are approximate only and may vary from the representation on the Services. These differences will not constitute a defect in or noncompliance of the Product. We reserve the right to modify Product offerings at any time, but we are not obligated to make any modifications to Products that have already been shipped;
C. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OF OUR PRODUCTS ARE SOLD TO YOU “AS IS” AND WITHOUT ANY WARRANTY OF CONDITION OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS;
D. Each Original Painting is on a stretched Professional, Gallery or Museum-grade canvas. This means that, unless the piece is oversized and might be rolled to ship, Your painting will arrive canvas wrapped around a wooden frame otherwise known as Stretcher Bars. As the edges of the canvas are finished for frameless presentation, these Paintings will arrive flat and ready to hang. Hardware is not included;
E. Each Original Painting comes with Certificate of Authenticity signed by the Artist;
F. As Collectors know, it is not unusual that the back-side of the canvas arrives with stray paint marks and/or the Artist’s notes. In many cases, in time, this will add value to the work. If it does not please You, know that many Collectors cover it with the signed Certificate of Authenticity;
G. YOU UNDERSTAND AND AGREE TO ACCEPT YOUR PURCHASES KNOWING THAT ALL ORIGINAL ART IS FINAL SALE and WE DO NOT ACCEPT RETURNS.
H. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including the following:
Problems are identified by credit and fraud avoidance services. We may also require additional verifications, approvals or other information before accepting any order. After we receive your offer to purchase Products, we will send an order acknowledgement to the email address you provide listing the contents of your requested order. This email serves only as information to the purchaser acknowledging that the order has been received;
If a higher bid for the same unique Product has been received before shipment or acceptance of your bid, we will contact you and confirm whether you would like to increase your bid or purchase a different piece instead;
Limitations on our ability to accept orders for shipment to addresses outside the Continental United States;
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed; and,
Products may not be available for immediate delivery.
An offer for any product or service made on this site is void where prohibited;
I. If your offer is declined by Fine Art Sales, Abstract Art by Gayle Printz, you agree that the Artist may contact you to let you know and to help you find similar works or facilitate a commissioned piece;
J. The original Paintings listed on Our Website represent a limited offering of extremely valuable works by internationally recognized artist, Gayle Printz. Each Product is a unique original work of art, and the number of Products being offered for sale is extremely limited. Though we entertain all bids, we cannot guarantee that the Product of your choice will be still be available at the time of your bid.
K. Because of the rarity of this event and the limited number of paintings being released for sale, please know that it is more than likely most listed Products will sell to Collectors at a price higher than that listed online. The listing price should be interpreted as you would the starting price of work of art at auction.
L. You understand, warrant and expressly agree that:
1. We assume, and have, no responsibility for Purchases damaged in Transit;
2. All sales are EXW, ExWorks, meaning that the Transfer of Risk to the Buyer occurs when We place the Product at the Buyer’s disposal for Pickup from our location in Johns Creek, Georgia, for transfer from the Artist to the Purchaser. You understand that from that point on, Purchaser is responsible for the condition of the Product;
3. We highly recommend having your Purchase professionally packed, insured in the amount of the purchase price, and sent via freight with white glove service. We will help You set this up at a nominal fee;
4. You expressly acknowledge and accept that Online prices include only the Work of Art. Packaging, Shipping, insurance,GST, Sales Tax, Customs Fees, Duties, Tariffs, and Handling Fees are not included in the Cost of the Product and are the Sole responsibility of the Purchaser;
5. For deliveries in the U.S., Sales Tax will be calculated at checkout, but for Original Art, VAT, Customs, Duties, Tariffs and other similar Fees are not included during the online checkout process. You will receive a separate invoice from the Third Party Vendor supplying the service. For example, if White Glove Service is required, the transportation company will include a separate invoice for White glove packing, shipping, insurance, delivery VAT, Customs, Tariffs, Duties and the like; and,
6. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT and GST; and
7.Each party will cooperate with the other party, and furnish any customary written documentation or forms required under applicable law to enable all parties to comply with all legal obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
Payment Responsibilities of the Purchaser
When purchasing Original Art, all purchases are subject to the terms and conditions of the applicable destination.
Purchasers of Original Artwork expressly acknowledge, covenant and agree to the following terms:
Please make sure we have your current phone number and address. We are unable to ship to a post office box. And you are responsible for carefully entering everything correctly in the “Ship To” portion of your Purchase: your full name, the full address to which your Products will be shipped and your phone number with country code. We rely on this information to create a shipping label and cannot be responsible for any events (labeling delays, lost shipments, etc) that might occur due to the inaccurate entry of your “Ship To” address.
For International Sales, Customs and Duties may not be calculable until the Items enter your country. In some cases, you are invoiced when the purchase arrives at its final destination. So, although we may not be able to calculate the Customs and Duties you will owe, we will provide the necessary paperwork to the Delivery Service. In that regard, we are unable to remove pricing from documents as the correct value must be provided. We do not mark packages as gifts or samples, all prices will be accurately shown on the paperwork for customs clearance.
Please note that because of the unique custom quality of the original artwork being sold, we are exempt from the EU Directive on Consumer Rights and are not required to offer and/or accept returns.
You understand, acknowledge, warrant, and expressly agree to the following Return Policies of Products you purchase from Fine Art Sales, Abstract Art by Gayle Printz:
A. We sell every Original work “As Is,” and without warranty of any kind, express or implied;
B. BUT ... it happens. So, there is an exception to our general rule. if for any reason you are not satisfied with your painting, please take the following steps:
1. Tell us in writing to Sales@GaylePrintz.com within 3 days of receiving your painting that you are not completely thrilled. We have carefully tracked the package, so we know exactly when you received it. Within three days of the date of receipt, we need to be informed.
2. Keep the packaging and wrap it back up as carefully as it was wrapped when you received it.
3. Wrap it in the glassine paper, put on the corner protectors, wrap it the two layers of bubble wrap, flat side against the painting, secure it between the two foam boards, slip the paperwork and the sandwiched painting back in the box. Then, make sure you use heavy duty packing tape and that the box is completely free of openings.
4. Insure the box for the value of the sale, pay for shipping, and ship within five days of receipt by informing us of the tracking number. When the box is received by us in the same conditions it was when it left the gallery, we will mail you a gift card in the amount of the price of the painting. We cannot reimburse the initial postage, tariffs, VAT, etc. And, we cannot pay for return customs or duties. So, if we have to, we will be forced to deduct that amount from your gift card. Then, the fun part, you can use that gift card on a future gallery purchase. As we said above, we cannot pay for return shipping or reimburse the original shipping and handling. All customs duties, tariffs, etc., are your responsibility. They cannot be reimbursed either. But, we are not really worried. To date January 20th of 2021, not one investor/collector/purchaser has returned anything. And, if something strange happens, we will work with you. We also cannot be responsible if you gave us the wrong address and never received the package. And, we do have to receive the return before sending anything else or issuring you a gift card. But, we want you to be happy, and think you have absolutely nothing to worry about.
C. With the exception of section B above, no returns or exchanges are possible for Original Artwork or Sale Items; and,
D. You expressly agree to accept Your Purchases knowing that unless all return instruction in B 1 through B4 directly above, all original art is final sale and cannot be returned. We insist on strict compliance with the terms of return.
We are confident that you will be thrilled with any of the limited number of works currently being released by internationally recognized Abstract Expressionist/Art Resilience artist, Gayle Printz. Nonetheless, because each piece of original art is Final Sale, we encourage you to seek independent advice before making your Purchases.
A. All Sale Items are Final Sale;
B. No Returns or Exchanges are possible for Sale Items;
C. For Digital Items that are not on sale, we are happy to issue a store credit or exchange for merchandise that is unused and returned to us in the same condition in which you received it. For store credit to be issued or an exchange to be made, You agree to adhere to the following protocol:
If the item received is incorrect or damaged: Within 72 hours of delivery, you must document the issues in an email to Sales@GaylePrintz.com containing “URGENT” and Your Name in the Subject Line. Please include pictures documenting the damage or incorrect item. Once we review your email and your claim is approved, we can provide you with a return shipping label and send you a replacement;
- If the item is being returned, we must be notified within 72 hours of delivery or no refunds will be issued;
- Only regular priced items may be issued store credit or exchanged, so if you received a full-priced item and changed your mind, don’t worry. You can exchange or return it for a store credit. Just adhere to our ten-day return policy and follow these directions:
In this case, shipping the item back to us is at your own expense;
To return an item, please send (via traceable mail or shipping service) the unused item(s) in its original packaging, with your receipt of sale or proof of purchase;
The item must be received by Us within ten days of the date of its delivery to you;
Our return policy lasts 10 days. Unfortunately, we won't be able to offer a store credit or exchange if we receive your items after 10 days of your receiving it;
We also will not be able to offer a store credit or exchange if the merchandise shows any signs of use or damage or is missing parts not due to our error;
We cannot issue store credit for Original Artwork, gift cards or personalized merchandise;
Otherwise, when returning a full-priced Digital Item, once the returned item is received, a gift certificate will be mailed to you from Fine Art Sales, Abstract Art by Gayle Printz; and
Please note that all return shipping charges are the purchaser’s responsibility, as are the charges to re-ship the item purchased with your Gift Card.
Cancellation of an Order
By the Purchaser: We can only accept cancellations on an order that has not yet begun being processed.
By the Artist: We reserve the right to cancel any order for an Original Work of Art or Printed Work placed via the Services if We determine, in our reasonable discretion, that the item is mis-priced or unavailable at the price listed via the Services. If We cancel an order placed via the Services, We will send you an email confirmation of such cancellation and you will not be charged for your order.
You expressly agree that, under no circumstances are We liable to You, or any third-party, for implementing any of the following actions at any time, for any reason and without notice:
A. Changing the price of any product;
B. Modifying a listed product;
C. Suspending the sale of a listed product; or
D. Discontinuing the sale of a listed product.
Third-Party Service Providers
You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.
You agree to defend, indemnify, and hold Fine Art Sales, Abstract Art by Gayle Printz, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to purchase Products or use of the Services, Content or Member Content, or your violation of these Terms and Conditions. If you are dissatisfied with the Services, do not agree to any of the provisions of these Terms and Conditions, or incur any loss or damage of any kind in connection with the Services. Your sole and exclusive remedy is to discontinue accessing and using the services.
Limitation of Liability and Disclaimer of Warranties
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to, and use of, the Services, Content and Member Content remains with you. Neither Fine Art Sales, Abstract Art by Gayle Printz nor any other party involved in creating, producing, or delivering the Services, Art Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms and Conditions or from the use of or inability to use the Services, Art Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Fine Art Sales, Abstract Art by Gayle Printz has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BECAUSE ALL DELIVERY TERMS ARE EXW, IN NO EVENT SHALL WE, OUR HEIRS, OUR ASSIGNS OUR AFFILIATES, OR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SERVICES), OR THE PRODUCTS.
DISCLAIMER OF WARRANTIES: YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL INFORMATION, CONTENT, SERVICES, AND MATERIALS PROVIDED BY OR AVAILABLE THROUGH THE SERVICES (WHETHER PROVIDED BY US, YOU, OTHER USERS, OTHER AFFILIATES OR THIRD PARTIES), INCLUDING, WITHOUT LIMITATION, ALL MATERIAL, TEXT, PHOTOS, GRAPHICS, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICES.
YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SERVICES, OR LINKS TO ANY OTHER THIRD PARTY PROVIDERS,, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR USER-GENERATED MATERIAL;
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICES, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED;
WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICES FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY, EXPRESS OR IMPLIED;
A. Product colors, measurements, and weights are approximate only and may vary from the representation on the Services. These differences will not constitute a defect in or noncompliance of the Product. We reserve the right to modify Product offerings at any time, but we are not obligated to make any modifications to Products that have already been shipped;
B. You agree that the Warranty Disclaimers and Limitations of Liability in these Terms and Conditions are fair and reasonable.
Liquidated Damages and Rules of Using Services
A. The parties agree that, because it is difficult to determine appropriate damages in a case where someone accessing our website infringes on a copyright, the Party Who Infringes agrees to pay the Artist $1000 per actionable infringement in Liquidated Damages. For example, if the Artist’s digital rights are misappropriated by the Purchaser, the Purchaser (in this, the Infringing party) must pay the Artist $1000 in Liquidated Damages for every digital print sold.
B. You understand that the Services are intended solely for persons who are 18 or older. By accessing or using the Services you represent and warrant that you are 18 or older or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
C. In order to to make a purchase through the Services, (other than users who utilize the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, for example if you become VAT registered. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, outdated or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
D. You acknowledge and agree that if you breach any of the Terms and Conditions herein, We, in our sole discretion, have the right to suspend or disable your Account without prior notice to you. We reserve the right to revoke your access to and use of the Services, Content on Our Website, and Member Content at any time, with or without cause. Should you breach any of the Terms and Conditions, You will remain liable for any amounts due hereunder.
Links and Services
You understand that the Services may contain links to third-party websites or resources. You acknowledge and agree that under no circumstances are We responsible or liable for:
A. The availability or accuracy of such websites or resources; or
B. The content, products, or services on or available from such websites or resources.
C. You understand and agree that Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
D. To the extent you access our website through a Mobile device through a mobile device, your wireless carrier’s standard charges, data rates and other fees apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
E. By using the Mobile Services, You agree that We may communicate with you regarding Fine Art Sales, Abstract Art by Gayle Printz and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us.
F. You agree that your use of our Services, mobile or otherwise, is subject to all applicable local, state, national and international laws and regulations. You agree to comply with US law and local laws and rules regarding online conduct and User-Generated Material (as defined below), and regarding the transmission of technical data exported through the Services from the US or the country in which you reside.
G. You also expressly covenant and agree to the following Terms and Conditions:
1. Not to use the Services for illegal purposes;
2. Not to retrieve data or other content from the Services for purposes of creating or compiling that content for any purpose other than your authorized use of the Services as permitted by these Terms and Conditions;
3. Not to submit false or misleading information via the Services (including misrepresenting your affiliations with any institution or falsify information in connection with your use of the Service, or act maliciously against Us, Our business or other interests or Our reputation;
4. Not to impersonate or attempt to impersonate another user or person;
5. Not to sell or otherwise transfer your Services account;
6. Not to harass, annoy, intimidate, or threaten any employees, contractors, agents, or representatives engaged in providing the Services;
7. Not to commit any acts of infringement on or using the Services or with respect to the Services or their information or content;
8. Not to engage in activities that aim to render the Services inoperable or to make their use more difficult;
9. Not to copy any Services content, including product images and descriptions, for republication in any other publication, whether in print or online;
10. Not to create or maintain content in connection with the Services for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services, including but not limited to linking to any commercial or other website from the Services;
11. Not to attempt to gain unauthorized access to other computer systems from or through the Services;
12. Not to interfere with another person’s or entity’s use or enjoyment of the Services;
13. Not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;
14. Not to upload, post, or transmit viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other harmful, disruptive or destructive files or computer programming routines, including those that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; and,
15. Not to disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services, including the Affiliate Program sites.
You agree that regarding the consequences of violations of this section or the previous sections herein, that your offense may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy. Accordingly, in the event of a violation of any of those sections, we may seek immediate injunctive relief, without the need to post bond, prove damages, or meet any similar requirement, as well as any other remedy available at law or at equity, and otherwise terminate your access to the Services.
You agree to indemnify, defend and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
These Terms and Conditions and any other agreements whereby we provide you Products shall be governed by, and construed in accordance with, the laws the State of Georgia, U.S.A., without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Fulton County, Georgia, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.
Mutual Agreement to Arbitrate
It is our goal that the Products meet your expectations and you are left feeling that we provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about it and understand your concern. Therefore, with regard to any problem or dispute you may have with us, you acknowledge and agree that you will, as an initial matter, email us within three (3) days of receiving your Product(s) at sales@GaylePrintz.com to describe the nature of your complaint or dissatisfaction. It is our greatest hope that this will lead to a satisfactory resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below.
You covenant and we agree to arbitrate any claims, to the fullest extent permitted by law. You and we understand and expressly agree to the following:
A. THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION.
B. That the arbitrator, and not any federal, state, local, or other court or agency, WILL have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions and Your Express Agreement hereunder to Arbitrate, including but not limited to, any claim that all or any part of THESE TERMS OR this Agreement to Arbitrate is void or voidable.
C. That should our Agreement to Arbitrate be unenforceable, YOU COVENANT AND AGREE TO GIVE UP YOUR RIGHT TO A TRIAL BY JURY.
D. That, except as expressly set forth below, binding arbitration shall be the sole and exclusive forum and remedy for any and all disputes and claims arising out of our transaction that cannot be resolved informally and that relate in any way to or arise out of your purchase of Our Products sold or distributed, and your express agreement to abide by these Terms and Conditions as a condition precedent to the use of Third-Party Services and Your purchase of Our original, one-of-a-kind Artwork.
E. That as a limited exception to this section, binding arbitration will not apply, to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Fulton County, Georgia.
F. That we acknowledge this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision).
G. As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to a small claims court in Fulton County, Georgia, if the claims qualify for hearing by such court.
Arbitration Procedural Rules
A. To begin an arbitration proceeding, You agree to inform Us and you must send a letter requesting arbitration and describing your claim to our registered agent, whose name and address will be provided when you inform Us of Your intention to pursue Arbitration.
B. For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
C. For users outside of the United States, any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures.
Means and Fees
In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in Fulton County, Georgia, the jurisdiction where the sale originated.
A. The language of the arbitration will be English.
B. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court in Fulton County, Georgia, having jurisdiction thereof.
C. Each party will have the right to use legal counsel in connection with arbitration.
D. You covenant and agree to reimburse Us for attorney’s fees, filing fees, travel costs, lodging costs, out of pocket expenses, administration fees and arbitrator fees.
E. You understand and agree that We are not responsible for reimbursing you for costs incurred by you for legal counsel, filing fees, travel, lodging, administration fees, arbitrator fees, or other out-of-pocket costs or expenses.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER PURCHASER OF OUR PRODUCTS, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction in Fulton County, Georgia. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
Waiver of Trial by Judge or Jury
YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THESE TERMS AND CONDITIONS AND AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.
Limitation of Actions
You and we expressly agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to these Terms and Conditions must be filed within six (6) months after such claim or cause of action arose, or will be forever barred.
Any notices or other communications permitted or required hereunder must be in writing and delivered by email.
Any provisions of these Terms and Conditions that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Services.
No Waiver; Force Majeure
Our failure to exercise or enforce any right or provision of the Terms and Conditions SHALL NOT CONSTITUTE a waiver of said right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Gayle Printz. We shall not be deemed to be in default of any provision of these Terms and Conditions, or for failure in performance resulting from acts or events beyond Our reasonable control and arising without Our fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, pandemics, acts of war, political unrest, terrorism, strikes, fires, floods or other catastrophes.
We may assign our rights and delegate our duties under these Terms and Conditions at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Fine Art Sales, Abstract Art by Gayle Printz shall have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that We have no obligation to monitor your access to, or use of, the Services or to remove any Member Content, but We do have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms and Conditions, or to comply with applicable law or court order, administrative agency or other governmental body. Fine Art Sales, Abstract Art by Gayle Printz reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Our Art Content or any other text, graphics, images, software, music, audio, video, information or other content or material that We, in our sole discretion, consider to be objectionable, in violation of these Terms and Conditions, or otherwise harmful to the Services. Any rights not expressly granted herein are reserved.
These Terms and Conditions constitute the entire and exclusive understanding and agreement between you and Us. They supersede and replace any and all prior oral or written understandings or agreements between Us and you regarding responsibilities with regard to our Products and the Services of our Third-Party Service Providers.
Questions about these Terms and Conditions should be sent to Sales@GaylePrintz.com