Terms and Conditions of Sale
Terms and Conditions of Sale
Last Updated: Dec 2020
If you do not agree to all the terms and conditions of this agreement, then you may not purchase any Print or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
We recommend you review these Terms each time you purchase a Print or use the Services and that you print a copy of these Terms for your future reference.
Our store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Print products to you.
SECTION 1 – REPRESENTATIONS REGARDING YOUR USE OF THE SERVICES
By placing an order for Prints through our site, you represent that: (i) you are at least the age of majority in your state or province of residence, 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; (ii) you are legally capable of entering into binding contracts; (iii) you will not copy, distribute or share the Prints other than as allowed under these Terms; and (iv) you will not use our products for any illegal or unauthorized purpose or, in the use of these Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 – PERSONAL INFORMATION
You agree to provide us with truthful, complete and accurate details. You further agree to provide us with your details only. You should keep any Shopify account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your Shopify account details have been compromised. You are responsible for all orders placed/activity undertaken using your Shopify account details.
SECTION 3 – LICENSE TO USE THE PRINTS
All Prints available through the site are owned or controlled by us and are protected by intellectual property rights.
Any use of Prints purchased through the site is subject to these Terms and Conditions of Sale. Upon payment of the price for any Digital Print, we grant you a non-exclusive, non-transferable license to use the Digital Print consistent with these terms.
You agree that you will use Digital Prints for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or transfer any Digital Prints to anyone else. Nothing in these Terms grants to you any rights other than those expressly set out herein. These Terms do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Print.
We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these Terms and to prevent your unauthorized use of this site and/or our Prints.
Digital Prints are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. You must adhere to any and all usage restrictions that apply to the Digital Prints as set out in these Terms.
Under the terms of your license to use the Digital Print, you may create physical printed copies of the same Digital Print up to five (5) times over a one (1) year period. Should you wish to exceed this limit, please email email@example.com and we will be able to assist you further.
To prevent unauthorized use, Digital Prints may carry a digital watermark or other security technology that will not appear on physical copies of the Digital Prints but which would allow us to identify the origin of the Digital Print and track any subsequent unauthorized transfer. You agree to not attempt to remove any such watermark or circumvent such security technology in any way.
SECTION 4 – REQUIREMENTS TO ACCESS THE DIGITAL PRINT SERVICES
In order to access and download Digital Prints you will need:
- Internet access; and
- A personal desktop computer or mobile device capable of opening the Digital Prints, which will be delivered as JPEG files.
You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Prints functions correctly with this site.
You acknowledge that due to industry/technology developments, the nature of the Digital Prints offered (including format of files, operating systems, downloading software, etc.) and the system requirements may change from time to time. We will use commercially reasonable efforts to update our site with information relating to system requirements.
SECTION 5 – AVAILABILITY AND DELIVERY OF PRINTS
All Prints featured on our site are subject to availability. We reserve the right to change or remove a Print or other content on the site at any time without notice or liability to you or to any third party. For example, we may have obtained rights from third parties to make the Print available and, in the event we lose these rights, we may need to remove the Print from the site and make it unavailable for purchase.
We reserve the right, but are not obligated, to limit the sales of our Prints to any person, geographic region or jurisdiction or to reject any order we receive. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Prints that we offer. All descriptions of Prints or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Print offering at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 – PRICING AND PAYMENT FLOW
We will determine in our discretion from time to time whether and which Prints are to be made available, on payment by you of the relevant price or in return for some other consideration (for example by signing up to our mailing list). Some Prints may be limited to certain sizes or may only be purchasable as either a Digital Print or Physical Print. Prices for Prints are liable to change at any time without notice, but changes will not affect orders in respect of which we have already taken payment and made the download available.
The price of any Print will be as quoted on this site at the then current time, except in the case of obvious error. We will not accept any offers for Prints other than at the then-current price. Prints may be purchased individually or purchased as part of a larger order. We reserve the right to make certain Prints available only as part of a larger product offering.
We use our best efforts to ensure the prices of Prints displayed on our site are correct. However, our site contains a large number of Prints and it is always possible that, despite our best efforts, some of the Prints listed on our site may be incorrectly priced. If a Print’s correct price is higher than the price stated on our site at the time you place your order and we have not yet taken payment and made the Print available for download in the case of Digital Prints, or otherwise fulfilled a Physical Print order, we will normally, at our discretion, either contact you for instructions before making the Digital Print available for download or fulfilling the Physical Print order (i.e., to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
We are under no obligation to provide the Print to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake. We reserve the right to withdraw from any contract for Prints in the case of obvious and unmistakable pricing errors.
Note that, if you are downloading a Digital Print to a mobile device, some network/service providers may charge you an additional amount for this service. We recommend you contact your network/service provider to understand the nature and extent of any additional charges before electing to the download of a Digital Print to a mobile device. Note that overseas roaming charges may also apply.
SECTION 7 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Print product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 email 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 made at our store. 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.
By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the Prints and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment, we will contact you to discuss the next steps.
SECTION 9 – SHIPPING POLICY
Order Processing - Shipping rates are dynamically calculated during the checkout process. It generally takes 2 – 5 business days to create a product and fulfill an order. Once it ships, you will receive a shipping confirmation email 1 - 3 business days after your package has shipped.
Delivery - Shipping time depends on product availability and delivery destination. Delivery can take up to 3 weeks, but is generally completed within 5 - 12 days.
* Please note that these timeframes are estimates, not guarantees.
SECTION 10 – CANCELLATIONS AND RETURNS
You may not cancel an order by you for any download of a Digital Print once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.
We take great care in providing each of our physical products. In the unlikely event of faults with, or damage to, the physical products that are delivered, or if you have received a faulty or incomplete digital files, please contact us at firstname.lastname@example.org. Please contact us before returning any products. We do not refund orders for buyer’s remorse.
Any claims for misprinted/damaged/defective items must be submitted within 30 days after the product has been received. You will need to send the package to the return address and notify us via email at email@example.com. For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.
In the event that a refund is to being issued, it will be credited back to the card you used to make your purchase, and it will arrive back in your account within 7-10 business days. If this is not the case, please don't hesitate to reach out and let us know so we can check on it for you.
Please note that we cannot guarantee that the quality or design of any Print purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section. We have made every effort to display as accurately as possible the colors and images of our Prints. We cannot guarantee that your computer monitor's display of any color will be accurate.
SECTION 11 – OPTIONAL TOOLS
In connection with our provision of the Services, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 12 – THIRD-PARTY MATERIALS AND WEBSITES
Certain content, products and services available via our site may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 13 – USER GENERATED CONTENT
Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content (collectively “User Content”) that you (i) submit or post on any GG website, on any of our blogs, social media accounts or through any tools or applications we may provide now or in the future for posting or sharing such content with us; or (ii) post or upload to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, that identify or are associated with GG and/or any Prints, including without limitation any social media posts that you have tagged with @gallerygals, or any other GG brand hashtags, shall be deemed nonconfidential and nonproprietary. By submitting or posting any such User Content, you grant to GG and its affiliates an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, non-exclusive, worldwide, sublicensable, transferable, worldwide license to copy, reproduce, publish, distribute, display, transmit, broadcast, host, translate, modify, reformat, create derivative works from, combine with other materials, alter, edit, archive, store, cache, use or otherwise exploit all or any portion of the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in GG’s sole discretion, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to on its webpages, social media accounts, emails, newsletters, printed and electronic marketing materials, and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice or other obligation to you. You further grant GG the right to use your social media account handle, username, real name, profile picture, image, likeness, caption, location or other identifying information included in or associated with any User Content.
You hereby represent and warrant that (i) you own or control any and all rights in and to your User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; (iv) GG’s use of your User Content as described herein will not violate the rights of any third party or any law; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) include anyone’s identification documents, contact information or sensitive financial information or (e) contain computer viruses, worms or other harmful files. You hereby release, discharge and agree to hold GG, its officers and employees, and any person acting on GG’s behalf harmless from any liability related in any way to the GG’s use of your User Content. You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content.
If you are in breach of, or we suspect you are in breach of, these Terms, then we may take any/all of the following actions:
- issue a warning to you;
- immediate, temporary or permanent withdrawal of your access to your account and/or the site; however, you will remain responsible for any outstanding payments to us for Digital Prints;
- legal action against you;
- disclosure of information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited and we may take any action we reasonably deem appropriate.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services or access to our Print offerings will be uninterrupted, timely, secure or error-free.
We may make this site unavailable for indefinite periods of time or cancel the Services at any time, without notice to you. You agree you will have no claim against us, in respect of any decision to remove Prints from this site or any decision to suspend or terminate your access to this site or to Prints (including by way of purchase) through the site.
You expressly agree that your use of, or inability to use, the Services to purchase Prints is at your sole risk. The Services and all Prints delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Gallery Gals, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Prints procured using the Services, or for any other claim related in any way to your use of the Services or any Prints, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or Print) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gallery Gals and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
SECTION 18 – NOTICES
All notices given by you to us must be given by email to firstname.lastname@example.org. We will give notice to you at the email address you provide to us as part of the order process or your account registration. Notice will be deemed received and properly served immediately when posted on our site or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to, and received by, the specified email address of the addressee.
SECTION 19 – EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any delay or failure to perform any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”), including, but not limited to, acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services.
Our performance under these Terms will be suspended for the period that the Force Majeure Event continues, and we will be entitled to a reasonable extension of time for the performance of our obligations under these Terms after notifying you of the nature of extent of such Event. We will use commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Digital Prints may be performed despite the Force Majeure Event.
SECTION 20 – ENTIRE AGREEMENT; SEVERABILITY
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services and purchase of the Prints, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Michigan.
SECTION 22 – QUESTIONS OR COMPLAINTS?
If you have any queries at all regarding this site, the Prints featured on the site, or the Terms, please do not hesitate to contact us via e-mail at email@example.com and we will be more than happy to assist you.