Terms & Conditions

Website Terms of Use and Conditions of Purchase

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF PURCHASE (THE "TERMS OF USE") BEFORE PLACING AN ORDER ON ALEXANDRACASTLEART.COM (THE "SITE"), OR OTHERWISE USING THE SITE.

1. Background. The Site is owned and operated by Alexandra Castle Art LLC (collectively, the "Company", "us", "we", or "our"). These Terms of Use govern your access to and use of the Site, any order you place through the Site, and, as applicable, your use or attempted use of our products and services (collectively, "Your Use"). The Terms of Use is a legally binding agreement that will govern the relationship between you and the Company, in association with Your Use of the Site. By Your Use of the Site, you hereby agree to be bound by these Terms of Use and the Site's Privacy Policy located here [add hyperlink to Privacy Policy]. If you do not agree to the Terms of Use, please do not access or use the Site. The Site is the official website of the Company featuring images of acrylic paintings on canvas, ink pen drawings, mixed media, upcycled art, handmade items, and other creative works (the "Artworks"). Artworks listed in the shop on the Site are available for you to purchase online.
2. Eligibility. You must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to use the Site. The Site is not intended for children under the age of 13 and no person under the age of 13 may use the Site. If you use the Site, you are affirming that you are at least 13 years old. If you are not at least 13 years of age please do not access, use or register with the Site.
3. Protection of Intellectual Property Rights and License. You acknowledge that content available through the Site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by licensors, suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to use and access the Site solely for your own personal, non-commercial use and to view, copy and print content retrieved from the Site for the sole purpose of using or placing an order via the Site, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in these Terms of Use, nothing contained in these Terms of Use or on the Site will be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of the Company's or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
4. Conditions of Purchase.
   1. Payment Information. All payments for purchases on the Site are made through third-party payment processors such as Shopify, PayPal, or ApplePay. Making payments through Shopify, PayPal, or ApplePay is subject to third party Terms of Service and Privacy Policy. You agree to pay the Company, through Shopify, PayPal, or ApplePay the full amount as charged.
   2. Shipping and Risk of Loss. The Company will add applicable shipping and handling fees to your order. Unless otherwise noted, the Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although the Company may provide delivery or shipment timeframes or dates, you understand that those are the Company's good-faith estimates and may be subject to change. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order), we will use reasonably good faith efforts to contact you. The Company will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
   3. Sales Tax. The Company is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. We are required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
   4. Refund Policy. ALL SALES ARE FINAL. THERE ARE NO REFUNDS AND NO RETURNS. Refunds for items purchased on the Site will only be provided if the item(s) is damaged during shipment and the damage was not caused by the purchaser.
   5. Color of Artworks. You understand and agree that the Company has made reasonable efforts to display the colors of the original artworks accurately on the Site. Each individual monitor, cell phone, tablet or other device may display colors differently. The Company is not responsible for the color accuracy on your computer monitor, cell phone, tablet or other device. This also applies to art prints where there may be color differences between the original artwork and the fine art print. The Company makes a good faith attempt to match colors accurately, but color differences within art prints verses original artwork may exist.
   6. International Orders. The Company ships Artworks to customers in the United States and select international destinations. International customers are responsible for any applicable customs duties, taxes, or import fees imposed by their country. The Company is not responsible for delays caused by customs processing.
   7. Customer Complaints. If there are any problems or discrepancies with your purchase or otherwise, please contact the Company within seven (7) calendar days of your receipt of your delivery via email to alexandracastleart@gmail.com. If no communication is received within seven (7) calendar days of receipt of your delivery it will be presumed that there are no issues with the Artwork and under no circumstances will the customer be entitled to any refund for damaged goods.
5. Disclaimer of Warranties with Respect to Use of the Site. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. Governing Law. By visiting this Site, you agree that the laws of the State of Texas, without regard to principles of conflict laws, will govern these Terms of Use, and disputes of any sort that may come between you and the Company. You hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts of Denton County, Texas, U.S.A., and agree that the exclusive venue for any disputes arising from these Terms of Use or any transaction with the Company shall be in the state and federal courts of Denton County, Texas, U.S.A. You waive any objections that you may now or hereafter have as to the jurisdiction or venue of any such action or proceeding brought in such court or that such court is an inconvenient forum.
7. Agreement to be Contacted. By voluntarily providing your address, telephone number, or email address, you agree to receive any future communications from the Company for any reason whatsoever via email, phone, or mail until you unsubscribe to any email communications or otherwise request in writing via certified mail delivered to the Company. You agree that the Company will have 30 days from the receipt of your request to update its records and facilitate the termination of any such further communications with you and that any communications you may receive from the Company during the 30 day time period from the Company's receipt of your request will not be a violation of any federal or state law.
8. Limitation of Company's Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS SUPPLIERS, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE SITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
9. Indemnification. You agree to indemnify and hold harmless the Company, its members, managers, officers, employees, agents, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Site; (ii) information you submit or transmit through the Site; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to your voluntary provision of personal information (e.g., telephone number) to the Company that is not owned by you or your failure to notify us of any change in your contact information, including your telephone number; or (iv) your breach of these Terms of Use.

10. Modifications. The Company reserves the right to modify, update or remove portions of these Terms of Use at any time. We will provide notice of any material changes by posting the revised Terms of Use on the Site with an updated "Last Revised" date. Any material changes will take effect automatically 30 days after they are posted on the Site and shall not apply retroactively. Your continued use of the Site following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes.
11. Miscellaneous.
    1. If any provision of these Terms of Use is held illegal or unenforceable in a judicial proceeding, the provision will be severed and will be inoperative, and the remainder of these Terms of Use will remain valid and enforceable so long as the essential terms and conditions of these Terms of Use remain unchanged without the illegal or unenforceable provision. If severing the illegal or unenforceable provision would change essential terms and conditions of these Terms of Use, then the parties will work together to modify the illegal or unenforceable provision with a provision that is enforceable and that will not change the essential terms and conditions of these Terms of Use.
    2. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
    3. Waiver. No delay by the Company in exercising any right or remedy under these Terms of Use shall operate as a waiver of that right or remedy or shall affect the Company's ability to subsequently exercise that right or remedy. Any waiver must be agreed to by the Company in writing.
    4. Effective Date. These Terms of Use are effective as of October 1, 2020.
    5. Questions or Concerns? If you have any questions or concerns regarding these Terms of Use, contact the Company at alexandracastleart@gmail.com.