Terms & Conditions

Shipping

Orders leave my studio within 3-4 days. International buyers accept responsibility for tariffs, customs, and all other fees. The painting will be carefully packed and shipped via USPS either First or Priority class mail, FedEX, or UPS.

HOW MUCH IS THE SHIPPING CHARGE?

Within the U.S.A shipping would be $8.00.  Outside of the U.S. please contact us prior to ordering and we’ll get a shipping quote from a carrier, based upon your location.

PAYMENT

Payment is accepted through PayPal (IMPORTANT : you don’t have to have a PayPal account to use it, credit card is accepted via PayPal).If you want to pay differently, you can contact me via

COPYRIGHT

All artwork is © Valerie Garner.
All images and content on this website are protected under United States and International copyright laws.
Images cannot be reproduced or otherwise distributed in any form without written permission from the copyright holder.
All products purchased in the shop are for personal use only. E-products cannot be shared.
Images may not be downloaded, printed, or used without permission in any way. Patterns are not to be used as blog, twitter, or any other type of website background.

If you want to use any of my images on your blog, please make sure to credit me and my website.

ART PRINTS

All Art Prints are of my original artwork.

The print is reproduced from a painting by me, Valerie Garner. It is made to your specifications (size & your choice of medium) through a 3rd party provider – Fine Art America.  Any issues regarding quality, shipping, billing, etc, needs to be directed to that vendor (Fine Art America), who does the actual custom printing work.

ORIGINAL ART

Every  original is signed on front and on the back of the painting (sometimes of the side) by Valerie Garner. I will send a certificate of authenticity with the painting as well.  Most are shipped unframed, unless otherwise stated.

CANCELLATION

It is possible to cancel your order if it hasn’t been sent. Contact me and I will help you. If your order has been sent, you will have to return the products in order to receive a refund.

RETURN POLICY

I want all my customers to receive high quality products. If there is something wrong with the product you have received or if your delivery is not identical to your order (wrong product or if a product is missing), please contact me. If you send me a mail, please include as many details as possible including your order number as well as a picture if there is something wrong with one of the products.

If you are not completely satisfied with your product, simply return the unused product(s) in its original unbroken packaging within 4 days of receipt for a refund.

When I receive the product, I will refund the value of the purchased the product minus PayPal fees and minus the original shipping cost.
All products must be returned in their original packaging with all enclosed documentation and the packaging cannot be broken or in any other way damaged – neither can the product. Otherwise it will not be possible to obtain a refund.

It can take up to 14 days for me to receive your return, depending on which postal service you use. Once I have received the returned products, I will inspect them and process the refund within 48 hours.

Overview
The terms “we”, “us”, “our” and refers to Valerie Garner watercolor artwork. The term the “Site” refers to http://art-watercolor.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

Use of http://art-watercolor.com, including all materials presented herein and all online services provided by Valerie Garner watercolor artwork is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site + Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or purchasing the Service.

Information provided on the Site and in the Service are subject to change. VALERIE GARNER  makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. VALERIE GARNER  disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Refusal of Service
The Services are offered subject to our acceptance of your application. We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. No application is deemed accepted by us until written confirmation stating our acceptance is provided to you. Deposit payments will be refunded to any party who is denied Service. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your application.

Product Description
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. You acknowledge that the nature of travel requires flexibility and should allow for reasonable alterations to the Service, if necessary. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.

Our Intellectual Property

The Site and Service contain intellectual property owned by Valerie Garner watercolor artwork, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, VALERIE GARNER  is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if VALERIE GARNER  has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall VALERIE GARNER ’s cumulative liability to you exceed the total purchase price of the Service you have purchased from VALERIE GARNER , and if no purchase has been made by you VALERIE GARNER ’s cumulative liability to you shall not exceed $25.00

Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with VALERIE GARNER . You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and VALERIE GARNER  pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by VALERIE GARNER  shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by VALERIE GARNER .

Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Valerie Garner
10301 SE 8TH ST
Bellevue, WA 98004

Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Washington as applied to contracts that are executed and performed entirely in Washington. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be King County, Washington. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by VALERIE GARNER . Any transfer, assignment, delegation or sublicense by you is invalid.