Terms of Service
OVERVIEW
This website, https://www.sarahgwennart.com/, as it may be modified from time to time, is operated by Sarah Gwenn Art. Throughout the site, the terms “we”, “us” and “our” refer to Sarah Gwenn Art. Sarah Gwenn Art provides this website, including all information, tools, and products (“Services”) available from this site to you, the user, conditioned upon your acceptance of and compliance with all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service, including those additional terms and conditions and policies available by hyperlink (“Terms of Service”, “Terms”). If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
These Terms of Service apply to all users of and visitors to the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
We reserve the right to modify these Terms of Service at any time. You should review these Terms when you visit our site.
SECTION 1 – GENERAL
By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
Our store is hosted on Wix and product fulfillment is provided by Printify. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. We and you are subject to ecommerce terms and conditions of Wix (https://www.wix.com/about/terms-of-use) and Printify (https://printify.com/terms-of-service/).
By using our Services, you also acknowledge that you have read our Privacy Policy and the Privacy Policies of Wix (https://www.wix.com/about/privacy) and Printify (https://printify.com/privacy-policy/). Please review carefully these policies and make sure you agree before accessing or using our Services.
You are prohibited from using the site or its content (a) for any unlawful purpose; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (d) to collect or track the personal information of others; (e) to spam, phish, pharm, pretext, spider, crawl, or scrape; (f) for any obscene or immoral purpose; or (g) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve all of our rights under these Terms and under law if you use the site for any of these purposes.
SECTION 2 - ONLINE STORE TERMS
We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice. Products may have limited quantities. We reserve the right to limit the sales of any of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis and without notice. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We will charge sales tax on products in compliance with applicable state law; sales tax is calculated and charged at checkout.
We reserve the right to limit the quantities of any products or Services that we offer.
We reserve the right at any time to modify or discontinue the Service (or any product, part, or content thereof) without notice at any time. Any offer for any product or Service made on this site is void where prohibited.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or any part of the Service.
SECTION 3 – ORDERS, SHIPPING, AND HANDLING
We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. If 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 must 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 all payment information, so that we can complete your transactions and contact you as needed. Failure to provide correct information may result in you not receiving the products ordered.
All payments are collected at the time the order is placed.
Non-refundable and Non-cancellable. All orders are non-cancellable and non-refundable, including if you provide incorrect information. If any order arrives damaged, you may qualify for a replacement order. To qualify, you must notify Sarah Gwenn Art at sarahgwennart@gmail.com with your order reference, a photo of the damaged product, and your complete contact information. If we deem the order damaged, we will provide you an opportunity to reorder the same items in the same volume to the same recipient. Such reorder must be made within five (5) days of receipt of our notice to you.
SECTION 4 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service 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 5 – COPYRIGHT AND TRADEMARK
This site and all the information provided at any time, including, but not limited to, text, directories, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the "Content"), is the property of Sarah Gwenn Art and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any Content displayed on this site, through the use of framing or otherwise, without the prior written permission of Sarah Gwenn Art or such third party that may own the trademark or copyright of material displayed on this site. No rights or licenses are granted to you to use any of the Content on the site.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at any time you send us any creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time and forever, without restriction, edit, copy, publish, distribute, translate and otherwise use and exploit in any medium, now known or later developed, any comments that you forward to us without compensation or attribution to you. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 7 - DIGITAL MILLENNIUM COPYRIGHT ACT
Copyright owners who believe that any Content on the site infringes upon their copyright may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) to sarahgwennart@gmail.com. The notice must include: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our site; (iii) a description of the location on the site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ALL CONTENT, SERVICES, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND NOT FOR RESALE AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SARAH GWENN ART DOES NOT WARRANT THAT ANY CONTENT, INCLUDING THIRD PARTY MATERIAL, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR ANY CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE SITE, SERVICE, AND ANY PRODUCTS IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULL EXTENT PERMITTED BY LAW, SARAH GWENN ART, ITS PRINCIPALS, EMPLOYEES, AGENTS, LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, LOST REVENUE, LOST SAVINGS, REPLACEMENT COSTS, OR LOSS OF GOODWILL RELATED IN ANY WAY TO THE TERMS, THE SITE, ANY CONTENT, ANY SERVICES, OR ANY PRODUCTS AVAILABLE THROUGH THE SITE OR SERVICES, OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF SARAH GWENN ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES SARAH GWENN ART, ITS PRINCIPALS, EMPLOYEES, AGENTS, LICENSORS, AND VENDORS SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW BUT IN NO EVENT GREATER THAN AN AGGREGATE OF FIFTY UNITED STATES DOLLARS (US$50).
SECTION 9 - INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Sarah Gwenn Art and its principals, employees, agents, licensors, and vendors, harmless for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from or relating to your use of the site, any product purchased from Sarah Gwenn Art, or any violation of these Terms of Service.
SECTION 10 – GOVERNING LAW AND DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts or choice of law rules or principles.
Any claim related to these Terms, the site, the Services, or any product must be notified in writing to Sarah Gwenn Art prior to any legal action being initiated and no legal action may be initiated more than one year after the date on which the event giving rise to the claim arose, otherwise such claim is hereby waived.
SECTION 10 - MISCELLANEOUS
If any portion of these Terms of Service is held to be invalid or unenforceable, such portion shall be removed and the remainder shall remain in full force and effect. We reserve the right to change, suspend, or discontinue all or any part of the site or the Content at any time without prior notice or liability. Section headings are provided only for reference and have no effect on construction or interpretation. You may not assign any of your rights or delegate any of your obligations under these Terms of Service. No waiver of compliance shall be effective unless in writing. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. All rights not expressly granted herein are reserved by Sarah Gwenn Art. There are no other terms or conditions applicable to use of the Site other than as set forth in these Terms of Service or pursuant to applicable law.