Terms & Conditions
SHIPPING & PAYMENT INFO
Unless otherwise agreed, delivery constitutes either UPS or U.S.P.S. shipment service chosen by Buyer, to the delivery address specified by Buyer. Mailing of artwork usually takes place on the day after receipt of payment into bank account of createdbybarbara, but no later than ten days after receipt of payment. Until full payment is received from Buyer, all goods remain the property of createdbybarbara.
If delivery to Buyer is not possible due to an error by Buyer (including but not limited to supplying an incorrect address) then Buyer shall carry the cost of the failed delivery.
PERSONAL INFORMATION | If you purchase any of the Artwork, Buyer will be asked to provide basic personal information. The information is used solely for carrier service to mail packages and notifying Buyer of changes or updates to the Site/Services. createdbybarbara will not store Buyer credit card or debit card details. Further createdbybarbara will not sell, rent or otherwise disclose any of Buyer personal information, including email address, to any third party without consent unless: 1) Seller is required to by law; or 2) if it is necessary to provide the Services.
PAYMENT INFORMATION | If you pay createdbybarbara for Artwork, Buyer payment information will only be used to check that it is a valid method of payment and to process Buyer payment. No payment information is kept by createdbybarbara other than to facilitate the provision of Services to Buyer.
Claim Within Seven (7) Days of Receipt Please
If you are not completely satisfied with your purchase, you can return the artwork for a full refund of original artwork price. To begin a claim you must notify me by email within seven days of receipt of the goods. No claim will be accepted after seven days from the date that the package has been delivered to you. In your claim include full name, address, phone number, artwork title/description, original artwork price, reason for return. Email complete claim within seven days to: email@example.com
Reason #1 Changed One's Mind Please share with me the reason you are dissatisfied so that I may serve you better.
Reason #2 Faulty or Damaged Artwork Any defects caused during transit (as evidenced by open or damaged packaging at the time of delivery) it is your responsibility to report the problem immediately to your local post office and also inform us at the same time. Please take a photograph of the painting and the packaging before releasing the package to USPS. USPS will arrange to send a representative to inspect the package and if the problem is found to have been caused during transit, USPS will agree to embark on a claim. A refund will eventually be made to us by USPS (as the sender and 'owner' of the package). We will then reimburse to you the full amount of the refund that we receive from USPS, within one working day of receipt.
TERMS & CONDITIONS
These are the general terms and conditions forming the basis of the legally binding agreement (`Agreement`) between you (`Buyer/You/Your`) and createdbybarbara (`Seller/Artist`) and govern your access and use of the content and services (`Artwork`) offered by Seller to Buyer on this internet site, createdbybarbara.com (’Site’), as such is part of createdbybarbara a sole proprietorship registered with the State of Maryland. Purchasing art from this site means You accept, abide by and agree to this Agreement as presented to You and Seller reserves the sole exclusive right to change, alter, amend, vary, whether by addition or omission, the terms and conditions embodied in this Agreement at any time. You should read this Agreement on a regular basis as Your continued use of the Site shall constitute acceptance of any such changes, alterations, amendments or variations.
WARRANTY | All Artwork is an original work of art of the named artist and is sold “as is” and in substantial compliance with the quality and condition portrayed on Seller’s website. Artist makes no other warranty, expressed or implied, on the products, or on any parts or labor furnished during the sale, delivery, installation, or servicing of the product.
OBJECTIONABLE MATERIAL | When using the Site, You acknowledge and understand that You may encounter Content that may be deemed objectionable, indecent or offensive. You agree that Your use of the Service is at Your own risk and agree that Artist is no way liable for Content that may be considered objectionable, indecent or offensive.
INTELLECTUAL PROPERTY | Buyer acknowledges that the Artist own/license all of the Artwork and is the owners/ licensees of any and all intellectual property rights subsisting in the Artwork and that such rights are protected by the applicable intellectual property laws. As such Buyer shall not use any intellectual property right in any way whatsoever unless permitted to do so by Artist in this Agreement. Buyer agree not to create derivative works, reproduce, rent, lease, loan, modify, adapt, change, alter, sell, distribute or amend any part of the Artwork. Buyer shall at all times use the Artwork in accordance with such ownership rights and the applicable laws. createdbybarbara reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by Buyer, or to restrict, suspend, or terminate your access to all or any part of the createdbybarbara Site at any time, for any or no reason, with or without prior notice, and without liability.
PRICE; PAYMENT | Buyer shall be solely responsible for price of artwork, shipping costs, and any state, local, or federal sales, use, taxes.
SHIPMENT; DELIVERY; RISK OF LOSS | Title to and risk of loss of the Artwork shall pass to Buyer as soon as the Artwork are delivered by Seller to the Carrier. Each shipment date is approximate, and Seller shall not be responsible for any damages of any kind resulting from any delay in shipment or delivery of any Artwork. Buyer shall be responsible for all shipping, delivering, handling, storage and insurance charges. Such charges to be reimbursed by Buyer to Seller if Seller's has to make payment of such charges.
CLAIMS; COMMENCEMENT OF ACTIONS | Buyer shall promptly inspect all Products upon delivery to identify any damage resulting from shipment. Buyer agrees that any damages, and resulting claims, arising from shipment shall be satisfied solely through the insurance policy (the “Insurance”) issued by the insurance carrier covering the Product shipment, and Seller shall not be liable for any claims or damages not covered by Insurance. All claims pertaining to damage from shipment must be asserted in writing within ten (10) days after delivery of such Product or such claims are waived in perpetuity. Any lawsuit or other action by Buyer based upon breach of this contract or upon any other claim arising out of this sale must be commenced within thirty (30) days from the tender of delivery by Seller.
LIMITATION OF LIABILITY | IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR AS THE RESULT OF THE SALE, DELIVERY, NON-DELIVERY, INSTALLATION, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER’S WRITTEN CONSENT. IN NO EVENT SHALL SELLER’S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED.
GOVERNING LAW | This document and the sale of all Artwork shall be governed by and construed in accordance with the laws of the State of Maryland, U.S.A. Whenever there is a conflict of laws, the substantive laws of the State of Maryland, U.S.A. shall prevail. The parties agree that all disputes shall be filed solely in the court of competent jurisdiction located in State of Maryland, U.S.A.
COMMUNICATIONS FROM US AND MAILING LISTS | In order to keep Buyers informed about the operation of the Site/Services, Seller may send e-mails and announcements to Buyer personal email address provided to Seller upon registration. Seller may also offer options for potential Buyers to sign up for mailing lists without having to use any product or service.