General.
ARTIST LAURI WEDGWORTH (hereinafter “ARTIST”) operates a website for the sale of artistic original paintings and high quality prints of paintings in limited edition (hereinafter referred to as “GOODS”) at https://wedgworthart.com(hereinafter “WEBSITE”), with ARTIST acting as seller and contracting party. The business relationship between ARTIST and the ordering party shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the ordering party shall not be applicable. These Terms and Conditions shall form an integral part of each contract concluded with ARTIST. With the placement of the order the ordering party agrees with these Terms and Conditions and accepts to be bound by them.
Goods.
The GOODS will be produced only after placement of and according to the order of the ordering party. With the placement of the order the ordering party expressly acknowledges that the quality of the GOODS depends on the material specified on the WEBSITE and that due to the production and printing methods, minor variations in color, format and in the quality of material used may occur compared to the samples displayed on the WEBSITE. With the placement of the order the ordering party also expressly acknowledges that the GOODS will inevitably be subject to a product-specific and natural change (e.g. bleaching) which may be accelerated by environmental impacts and inappropriate storage or care. These minor variations and/or these changes do not affect the fact that the GOODS are consistent with the terms of the contract and, especially, do not render the GOODS defective.
Prices. Unless otherwise stated, prices indicated for the GOODS are for the painting or print of the painting. State sales taxes and packaging prices inclusive of delivery costs for the ordered GOODS will be shown/added in the final shopping cart.
Conclusion of Contract and Delivery.
The presentation by ARTIST of GOODS on its WEBSITE or elsewhere shall not constitute an offer for sale, but shall be deemed an invitation to the ordering party to submit a purchase offer. ARTIST does not warrant that the GOODS presented by it are ready for delivery at any time.
Offers to buy shall be submitted online, using the order form made available by ARTIST. The ordering party is obliged to provide the information requested in the order form truthfully and completely. Any damage caused by false or incomplete information shall be reimbursed by the ordering party.
Orders are accepted only from persons who are of age and only at the current prices and terms indicated on the WEBSITE from time to time.
The ordering party will receive confirmation of ARTIST’s receipt of the order. Orders are executed within 6 weeks after their receipt. Any information about specific delivery periods given in a particular case shall always be non-binding, and delays due to difficulties in delivery cannot be ruled out. Should ARTIST not be able to execute an order within 6 weeks because the ordered GOOD is not available, or should ARTIST not accept an order for any other reason, ARTIST will promptly give notice to the customer and will refund any payments already made by that customer.
Payment.
Payment of the purchase price shall be made using any of the credit cards or Paypal indicated on the WEBSITE.
Right of Rescission.
The ordering party may rescind the contract within 7 calendar days after receipt of the GOODS; this time limit is complied with if the ordering party sends the letter of rescission within that period. In case of rescission, the ordering party shall return to ARTIST the GOODS in their original packaging, postage prepaid, ready for resale, undamaged and unused. The GOODS are returned at the ordering party’s risk. The ordering party shall pay a reasonable compensation in case it has used the GOODS. In case of any deterioration or loss of the GOODS prior to their return, the ordering party shall reimburse that impairment or the value of the GOODS.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
ALL PAINTINGS OR PRINTS PROVIDED BY LAURI WEDGWORTH ARE “AS IS” AND NO WARRANTIES ARE PROVIDED.
LAURI WEDGWORTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
In Case Of Damaged Or Incomplete Deliveries.
A confirmation of the deliverer must be obtained. Should the GOODS be defective upon their arrival at the ordering party despite flawless packaging, the ordering party shall promptly notify ARTIST. Defective GOODS shall be returned to ARTIST in their original packaging. ARTIST will provide full refund for price of GOODS to the ordering party. ARTIST shall not be liable for either technical failures during the operation of the WEBSITE, or for any content on the WEBSITE or on hyperlinked websites, or for damage caused by having visited the WEBSITE or any of the hyperlinked websites.
Copyright. The GOODS sold by ARTIST are protected by copyright worldwide and are made available to the ordering party for its personal use and for resale only. However, the ordering party shall not reproduce, make available to the public in whatever form, otherwise (other than by resale) distribute the GOODS, or procure such reproduction, such making available or such distribution by third parties. The same applies also to the WEBSITE and its contents.
Disclaimer on Parody/Tribute Art.
The paintings listed as Humorous, Parody or Tribute Art are not licensed nor endorsed by the original authors unless otherwise noted in the description. They are not intended to represent the views of the copyright holders, are not a product of the original authors, nor are they intended to emulate work originating from said artists. My paintings are not licensed material originating from the company of origin. My works of tribute and parody are expressions of dedication protected by the 1st Amendment in the case of parodies and by Fair Use in the case of tributes (as they are “transformative”, are in my own unique style and do not damage the copyright holder’s reputation, branding or financial standing). I only tribute those things which I both know and love, and that are of large enough standing and reputation that my tribute will not damage them in any way. I encourage all to support the actual authors and copyright holders of the brands and characters they love whenever possible.
Data Privacy.
With the placement of the order the ordering party expressly agrees that ARTIST will use the ordering party’s name, address, phone number, and e-mail address as well as its previous orders to process the relevant order and to send newsletters and catalogs electronically or by mail. These data will be disclosed to third parties only to the extent necessary for the processing of the order, i.e. to the relevant producer of the GOODS, to the forwarding agent, the carrier or the postal service. The ordering party may revoke its consent at any time by giving an e-mail notice to lauriminas22@gmail.com
Governing Law.
These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction). The contractual relationship shall be governed by and construed in accordance with laws of the State of Oregon. Should any of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining terms hereof.
Notices.
All notices, and other communications here under shall be in writing and addressed to the parties at the most recent email provided by you. A Notice is effective only upon receipt by the receiving party.
Severability.
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or un-enforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement.
These Terms constitute the sole and entire agreement of the parties to these Terms with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
Waiver.
No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall be construed as a waiver of any failure, breach or default not expressly identified by such written waiver. No failure to exercise, or delay in exercising, or any single or partial exercise of any right, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof.
Successors and Assigns.
These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
No Third-party Beneficiaries.
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
Modification of These Terms.
Lauri Wedgworth reserves the right to amend or modify these Terms at any time or from time to time.
Questions and Complaints.
Questions and complaints should be addressed to:
Lauri Wedgworth
6350 NE Chestnut Street
Hillsboro, OR 97124
USA
phone: +01 503 803 3816 lauriminas22@gmail.com