Terms of Use - Abstract Art Gallery by CGuedez

TERMS OF USE - AGREEMENT

Thanks for your interest in Carmen Guedez Original Abstract Art.

Please read carefully. By Using this Web Site you agree to these Terms of Use.

LICENSE TO USE THIS WEBSITE: This Website is owned and operated by carmenguedez.com. The contents of www.carmenguedez.com are owned entirely by carmenguedez.com, and are protected, without limitation, pursuant to U.S. and international copyright, The Berne Convention and trademark laws. You are granted a non-exclusive, non-transferable, revocable license to access and use the site strictly in accordance with this Agreement; to use the site, solely for internal, personal, non-commercial purposes. Material on this website, including text, logos and images, may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use or with carmenguedez.com permission. In order to request permission, please contact carmenguedez.com. In any case, you must retain intact all copyright and other proprietary notices. Modification of this material or the use thereof for any other than a personal purpose constitutes a violation of intellectual property right and trademark that belong to carmenguedez.com. No print out or electronic version of any part of the website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

PURCHASE PROCESS: In order to purchase the artwork, greeting cards and other products offered by carmenguedez.com, Buyer will be re-directed to a secure PayPal check out site. This guarantees a safer and secure transaction for the Buyer and Seller. In order to check out, Buyer will agree to the policy and print information and terms of use indicated by carmenguedez.com.

PAYMENTS: Debit/credit cards and bank account transactions are accepted through PayPal. PayPal uses a SSL technology to keep the information safe. Carmenguedez.com does not collect any debit, credit card, bank account or any other payment information. Every payment transaction is securely protected by PayPal, and its terms and conditions apply. For more information, visit www.paypal.com.

CURRENCY CONVERTER: The currency converter/calculator is provided by an authorized third party and carmenguedez.com does not guarantee the accuracy of the result. The result is an estimated price. Some delay in the exchange rate might apply. The final currency converted rate will be displayed by Paypal when the Buyer check out. To use the calculator click currency converter.

SHIPPING AND HANDLING: All paintings are carefully packed and include insurance to cover any loss or damage. Paintings are shipped usually 2-3 business days after payment is received and cleared to the shipping address listed in PayPal. Seller is not responsible for shipping delays or omissions caused by the carrier or the Buyer’s country’s custom. Shipping rates are estimated per location. Some oversize paintings might require extra shipping charges. In such cases we will notify the Buyer by email for approval before shipping. For more details, read the policy information of the painting.

TAXES: Buyer is responsible for all taxes and duties (artwork is duty free to the US and Canada). Import duties, taxes and charges are not included in the item price or shipping charges. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to bidding/buying. These charges are normally collected by the delivering shipping company or when Buyer pick the item up. North Carolina residents pay sales tax.

REFUND POLICY: All sales are Final! Returns will be accepted within 7 days of Buyer receiving the artwork. Painting must be packed and returned in the same condition with its Certificate of Authenticity, all the documents included in the box and insured. The artwork must be in it's original condition. Buyer pays for return shipping. All funds minus shipping and handling, insurance, and other expenses will be refunded upon return.

CERTIFICATE OF AUTHENTICITY: Every original Painting comes with a Certificate of Authenticity hand signed and embossed with Carmen Guedez logo and a Fine Arts Registered Number.

COPYRIGHT AND TRADEMARK: The entire content of this website, including but not limited to text, graphics, icons, images, service marks, trade names, logos and other proprietary information belongs to carmenguedez.com and is copyrighted under the United States, The Berne Convention and other trademark and copyright laws. All of the above may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use or with carmenguedez.com permission.

IMAGES: Paintings and Prints are photographed with a high resolution digital camera to ensure accuracy. However, different monitors may display the colors of the image slightly differently. Questions or concerns about the image and/or accuracy of colors, Buyer may contact Seller.

PRINTS: carmenguedez.com reserves the right to create and sell any kind of prints of original paintings, including open and limited editions.

MERCHANDISE: All licensed merchandise sold by carmenguedez.com is made by a third party manufacturer and carmenguedez.com is not resposible for any damages or defects. As far as we know, the items meet all the standards and regulations and are created with a high quality.

COMMISSIONED ARTWORK: Buyer, who orders a commissioned Artwork, understands that because each Artwork is hand-made, each original is unique and never an exact duplicate of another. Conditions about how to order a commissioned artwork can be found in commissions.

VARIATIONS: Each Painting/Print has its own Policy/Print Information. Buyer is responsible to understand and agree this information. If there is any doubt or question, Buyer should contact Seller.

ERRORS: In the event an error in price or description is mistakenly listed on the website, Seller reserves the right to refuse and/or cancel any transaction. A refund will be processed if the payment was made and cleared through PayPal.

FRAUD: Buyer may not purchase under a false name, false id, or use an invalid or unauthorized credit card. Such fraudulent conduct is a violation of federal and state laws.

LINKS: In an attempt to provide increased value to our visitors, carmenguedez.com may link to sites operated by third parties. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites. Carmenguedez.com is unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites.  Derogatory, harmful, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law is not permitted in carmenguedez.com. Users may not upload to, distribute through, or otherwise publish through carmenguedez.com any content or material that corresponds to the above listed.

USE OF SITE: Harassment in any manner or form on the website, including but not limited to via e-mail, contact messages, or by use of obscene or abusive language, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the site any content which is derogatory, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

DISCLAIMER: Carmenguedez.com makes no representations or warranties of any kind, expressed or implied, with respect to the website, any transactions or messages conducted on or through the website and any property offered on the website which are for use "AS IS" and "AS AVAILABLE." All warranties express or implied, including without limitation: a) implied warranties of merchantability and fitness for some particular purpose with respect to the contents of carmenguedez.com and any website to which it is linked; b) that its contents will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error and; c) any implied warranty whether or not arising from the negligence of carmenguedez.com to the full extent permissible under applicable law; all of these warranties are hereby disclaimed.

LIMITATION OF LIABILITY: Under any circumstances carmenguedez.com and its affiliates will not be liable for any damages of any kind including without limitation direct, indirect, incidental, punitive and consequential damages from the use of, or the inability to use, the materials on this site or the performance of the products, even if carmenguedez.com has been advised of the possibility of such damages.

CONTACT: Any comment or question relating to any transaction conducted through this Website should be directed through the Seller’s Website.

QUERIES: Any queries relating to this Terms of Use - Agreement must be given in writing and must be sent by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the Sellers addresses (provided upon request).

PRIVACY: Carmenguedez.com does not rent, trade or share Buyer’s information with any third party. However, carmenguedez.com reserves the right to report any activity and disclose any information that is suspects, violates any law or regulation, to appropriate law enforcement officials, regulators, or other third parties in order to cooperate with governmental requests and to protect carmenguedez.com businesses and customers.

INDENMIFICATION: You agree to indemnify, defend, and hold harmless carmenguedez.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement or any transaction conducted on or through carmenguedez.com (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

Carmenguedez.com reserves the right to revise and amend these Terms of Use - Agreement from time to time without notice, and any revised version will be deemed to be applicable from the first date of publication on this website.