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By purchasing a Print on paper or canvas (referred to as Gicleé (pronounced zhee-clay)), the Buyer agrees to the terms and conditions of this Agreement.
AGREEMENT
AGREEMENT made between Ronald J. Garnier (hereinafter referred to as the Artist), located at 7348 Woodlawn Colonial Lane, St. Louis, MO 63119 and the Purchaser (hereinafter referred to as the Buyer) with respect to the sale of Prints (hereinafter referred to as Print).
WHEREAS, the Artist has created the Print and has full right, title, and interest therein; and WHEREAS, the Artist wishes to sell the Print; and WHEREAS, the Buyer has viewed the Print and wishes to purchase it; NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations, covenants, and conditions hereinafter set forth, and other valuable considerations, the parties hereto agree as follows:
1. Sale. The Artist hereby agrees to sell prints of his artwork (hereafter "Print") to the Purchaser (hereafter "Buyer"). Print ownership shall pass to the Buyer at such time as full payment is received by the Artist pursuant to Paragraph 4 hereof.
2. Price. The Buyer agrees to purchase the Print for the agreed upon price associated with the Print chosen by the Buyer unless otherwise agreed upon both parties in writing and shall also pay applicable sales tax.
3. 100% Satisfaction Guarantee. For any reason the Buyer is not satisfied with the Print, the Buyer shall have 10 days from time of delivery to notify the Artist of the return in writing (email) at [email protected] and delivered to the Artist at 7348 Woodlawn Colonial Lane, St. Louis, MO 63119. The painting must be returned through the same delivery carrier as delivered, must be packaged in the same materials as delivered, and the painting must be in the exact condition as delivered to the Buyer. Upon return receipt of the Print to the Artist's studio, and upon inspection of the Print, and if the Print is found to be in the exact condition as sent to the Buyer, a refund will be processed for the amount purchased by the Buyer for the Print (less return shipping and insurance costs) through the same PayPal payment method used by the Artist. The Buyer is responsible for any and all return shipping costs and insurance in the amount of the selling price of the painting. The Buyer is responsible for any damage to a returned piece of artwork, unless determined that the carrier is at fault for damages then the Artist will arrange and pay for the return shipping.
The Artist maintains the right of ownership of the returned Print and the rights to promote, modify, enhance, and sell the returned Print without any form of compensation to the Buyer.
Returns: the Buyer will email the Artist ([email protected]) requesting a refund or replacement Print and reason(s) for the return in advance of shipping the returned Print. If there is damage to the Print when delivered, the Buyer is required to provide photographs of the damage and send with the advance notification of the return.
4. Payment. Payment for purchased Print(s) are made via PayPal or credit card (through PayPal).
5. Timeline. Prints on canvas are purchased without a frame. Prints are created on a per-order bases that can take up to 10 days before shipping.
6. Delivery. The Artist shall arrange delivery of the Print to the location stated on the PayPal payment address sales receipt unless requested by the Buyer in writing ([email protected]) of a different location. Free shipping is via FedEx, UPS or USPS ground shipping with full value of purchase price insurance to U.S. 48 contiguous states only. Faster delivery within the US will be arranged by the Artist at Buyer's written request and shipped with full value of purchase price insurance at Buyer's expense. The Print delivery requires a signature verifying receipt at the address provided by the Buyer.
International and non-contiguous state shipping and insurance will be arranged, insured and paid by the Buyer when the Print on canvas is ready for shipping. The Buyer will be notified by email when the Print is ready for shipment.
7. Ownership and Risk of Loss. Buyer's ownership of the Print(s) begins on the day of shipment. The risk of loss or damage to the Print(s) and the provision of any insurance to cover such loss or damage shall be the responsibility of the Buyer from the time of shipment.
8. Copyright and Reproduction. The Artist maintains all reproduction and marketing rights of the Print, including the right to claim statutory copyright of the Print. The Print may not be photographed, sketched, modified, painted, or reproduced in any manner whatsoever without the express, written consent of the Artist. All approved reproductions shall bear the following copyright notice: by Artists Ronald Garnier, Year _____.
9. Miscellaneous. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of Missouri.
Signature:
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