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Terms & Conditions

Terms of Use and Sale

These Terms of Use and Sale ("Terms") represent your agreement with Carpenters Fine Art Gallery, LLC (“Carpenters Fine Art Gallery”) and govern your use of our website (www.carpentersfineartgallery.com) (the “Website”), by using this Website, you accept these terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Website.

You must be at least 18 years of age to use this Website and by agreeing to these Terms you warrant and represent that you are at least 18 years of age and that you will comply with these Terms. This Website uses cookies. By using this Website and agreeing to these Terms, you consent to Carpenters Fine Art Gallery’s use of cookies in accordance with the terms of Carpenters Fine Art Gallery’s privacy policy as stated in these Terms.  All information we collect on this Website is subject to our privacy policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the privacy policy.      

License To Use Website

Unless otherwise stated, Carpenters Fine Art Gallery and/or its licensors own the intellectual rights in the Website (including without limitation the text, computer code, artwork, photographs, images, music, audio material and audio-visual material on this Website). Subject to the license below, these intellectual property rights are reserved by Carpenters Fine Art Gallery. Carpenters Fine Art Gallery grants to you a worldwide non-exclusive royalty free revocable license to view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You Must Not:

  • republish material from this Website (including republication on another website) ;
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial  purpose;
  • edit or otherwise modify any material on the Website; or redistribute material from this Website except for content specifically and expressly made available for redistribution;
  • for the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this Website or the material on this Website (in any form or media) without Carpenters Fine Art Gallery’s prior written permission.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

All purchases through this Website or other transactions for the sale of goods formed through this Website or resulting from visits made by you are governed by the Terms of Sale section below.  

User Conduct

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, fraudulent or harmful, vulgar,  libelous, pornographic, defamatory, obscene; or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; or in violation with any contractual or fiduciary obligations; or infringing on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights of any third party; or in any way that is otherwise objectionable.

You must not reverse engineer, decompile or disassemble any portion of the Website; violate or attempt to violate the security of the Website; or interfere with the ability of others to use the Website. You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including but not limited to, scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Carpenters Fine Art Gallery’s express written consent.

You must not use this Website to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without Carpenters Fine Art Gallery’s express written consent.

Restricted Access

Access to certain areas of this Website is restricted. Carpenters Fine Art Galley reserves the right to restrict access to certain areas of this Website, or this entire Website, at Carpenters Fine Art Gallery’s discretion.

If Carpenters Fine Art Gallery provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.

Carpenters Fine Art Gallery may disable your user ID and password in Carpenters Fine Art Gallery’s Website without notice or explanation.


User Content

In these Terms, "your user content" means material (including without limitation text, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

You grant to Carpenters Fine Art Gallery a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Carpenters Fine Art Gallery the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Carpenters Fine Art Gallery or a third party (in each case under any applicable law).

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.  

Notwithstanding Carpenters Fine Art Gallery’s rights under these Terms in relation to user content, Carpenters Fine Art Gallery does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

Anti-Spam Policy

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. Carpenters Fine Art Gallery has a zero-tolerance spam policy. Carpenters Fine Art Gallery’s messaging systems automatically scan all incoming email and other messages, and filters out messages that appear to be spam. No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by Carpenters Fine Art Gallery systems. If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

Carpenters Fine Art Gallery provides a facility that enables users to send email messages to others. Users must not use this facility to send unsolicited, bulk or indiscriminate messages.

In the unlikely event that you receive any message from Carpenters Fine Art Gallery or sent using Carpenters Fine Art Gallery systems that may be spam, please contact Carpenters Fine Art Gallery, using the details below and the matter will be investigated. Carpenters Fine Art Gallery may amend this anti-spam policy at any time by publishing a new version on this Website.  Should you have any questions about this anti-spam policy, please contact Carpenters Fine Art Gallery using the details set out at the end of these Terms.


Disclaimers; Limitations of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE,  INCLUDING ANY MERCHANDISE, PRODUCTS AND SERVICES AVAILABLE BY MEANS OF THE WEBSITE; OUR CONTENT IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES  OF TITLE, NON-INFRINGEMENT,  OR IMPLIED WARRANTIES  OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CARPENTERS FINE ART GALLERY MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS WEBSITE OR THE INFORMATION AND MATERIALS ON THIS WEBSITE. YOU ACCEPT THAT THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES THAT WE DO NOT OPERATE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH WEBSITES, AND YOU SHOULD DIRECT ANY CONCERNS  REGARDING SUCH WEBSITES TO THEIR RESPECTIVE SITE ADMINISTRATORS  OR WEBMASTER.

WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING PARAGRAPH, CARPENTERS FINE ART GALLERY DOES NOT WARRANT THAT THIS WEBSITE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL; OR THAT THE INFORMATION ON THIS WEBSITE IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITORS TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.  NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL OR FINANCIAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.  IN NO EVENT SHALL CARPENTERS FINE ART GALLERY BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH THIS WEBSITE TO THE EXTENT THAT THE WEBSITE IS PROVIDED FREE-OF-CHARGE, FOR ANY DIRECT LOSS; FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL  LOSS; OR FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED  SAVINGS,  LOSS OF CONTRACTS  OR BUSINESS  RELATIONSHIPS,  LOSS OF REPUTATION  OR GOODWILL,  OR LOSS OR CORRUPTION OF INFORMATION OR DATA CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE WEBSITE OR MERCHANDISE. CARPENTERS FINE ART GALLERY’S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR OUR PRODUCTS GIVING RISE TO SUCH LIABILITY.

BY USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND            LIMITATIONS OF LIABILITY SET OUT IN THIS WEBSITE DISCLAIMER ARE REASONABLE.  IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THIS WEBSITE.

YOU ACCEPT THAT, AS A LIMITED LIABILITY COMPANY, CARPENTERS FINE ART GALLERY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST CARPENTERS FINE ART GALLERY’S OFFICERS OR EMPLOYEES WITH REGARDS TO ANY LOSSES YOU SUFFER IN CONNECTION WITH THE WEBSITE. WITHOUT PREJUDICE TO THE FOREGOING PARAGRAPH, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS WEBSITE DISCLAIMER WILL PROTECT CARPENTERS FINE ART GALLERY OFFICERS,  EMPLOYEES, AGENTS, SUBSIDIARIES , SUCCESSORS, ASSIGNS AND SUBCONTRACTORS  AS WELL AS CARPENTERS FINE ART GALLERY. IF ANY PROVISION OF THESE TERMS ARE, OR ARE FOUND TO BE, UNENFORCEABLE UNDER APPLICABLE LAW, THAT WILL NOT AFFECT THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THESE TERMS.

Indemnity

YOU HEREBY INDEMNIFY CARPENTERS FINE ART GALLERY, AND UNDERTAKE TO KEEP CARPENTERS FINE ART GALLERY, INDEMNIFIED AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION LEGAL EXPENSES AND ANY AMOUNTS PAID BY CARPENTERS FINE ART GALLERY, TO A THIRD PARTY IN SETTLEMENT OF A CLAIM OR DISPUTE ON THE ADVICE OF CARPENTERS FINE ART GALLERY’S LEGAL ADVISERS) INCURRED OR SUFFERED BY CARPENTERS FINE ART GALLERY ARISING OUT OF ANY BREACH BY YOU OF ANY PROVISION OF THESE TERMS, OR ARISING OUT OF ANY CLAIM THAT YOU HAVE BREACHED ANY PROVISION OF THESE TERMS.  YOU SHALL COOPERATE AS FULLY AS IS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.

Breaches of These Terms

Without prejudice to Carpenters Fine Art Gallery’s other rights under these Terms in any way, Carpenters Fine Art Gallery may take such action as Carpenters Fine Art Gallery deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Changes To Terms                  

Carpenters Fine Art Gallery may revise these Terms from time-to-time, as determined in its sole discretion. Revised Terms will apply to the use of this Website from the date of the publication of the revised Terms on this Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Carpenters Fine Art Gallery may transfer, subcontract or otherwise assign Carpenters Fine Art Gallery’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, subcontract or otherwise deal with your rights and/or obligations under these Terms.

Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms, together with our privacy policy constitute the entire agreement between you and Carpenters Fine Art Gallery, in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

Law and Jurisdiction

These Terms will be governed by  and construed in accordance with the governing laws of the United States of America and the State of Texas, without regard to conflict of laws rules. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN TAYLOR COUNTY, IN THE STATE OF TEXAS.


Digital Millennium Copyright Act

If you believe that any portion of the Website contains content that infringes on your copyright, please forward the following information by email to info@carpentersfineart.com with the Subject line of Legal Notice or send it to Carpenters Fine Art Gallery, Attn: Legal Department, 510 West, Buffalo Gap, TX. 79508

You must include:

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Terms of Sale

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.  

Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you confirmation of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Carpenters Fine Art Gallery and you will not take place unless and until you have received an order confirmation from Carpenters Fine Art Gallery.  Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation.

Returns Policy; Risk of Loss.

Carpenters Fine Art Gallery is not responsible for damage or loss as a result of shipments being returned to the freight location or being undeliverable as a result of incorrect address information you supply to us, or for the inability of a recipient to receive the package on the day you specify that it should be delivered. All merchandise purchased on the Website is delivered pursuant to a shipment contract. The risk of loss for such items shall pass to you upon our delivery to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

If your order is returned to us because of an incorrect address provided by you, you will not be refunded for freight or product. If you want a product reshipped, you will be charged 50% of the cost plus full cost for shipping.

Please DO NOT return any product without contacting us first for specific information regarding the return process. Products returned without the written authorization from Carpenters Fine Art Gallery will not be accepted, credited or replaced. Any returns authorized by Carpenters Fine Art Gallery can only be refunded to the credit card used for the original purchase. Shipping and packing charges will not be refunded.  You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

Payment Methods. We accept Visa, MasterCard, Discover, and American Express.

Shipping. All orders are shipped via FedEx. If other shipping arrangements are needed please call us or email us.

Returns/Refunds. All items are non-returnable and nonrefundable.

Defective Merchandise. Any merchandise that is defective, (original art excluded), upon delivery can be returned for replacement. This does not include accidental damage, misuse, neglect or abuse of the product by the customer.  Please call or email us immediately upon receipt of damaged goods.

Refunds.

  • Shipments are processed and expedited every business day.
  • Same-day to 48-hour shipping is guaranteed for in-stock items received before 4:00 pm EST.
  • The (days) in shipping method refers to (business) days, and does not include Saturdays, Sundays, or Holidays.
  • Our Customer Service Department is available through email at info@carpentersfineartgallery.com, or by calling 325.572.3200


Returns.

  • Call 325.572.3200, Monday-Friday, 8 AM - 4:30 PM CST, to obtain authorization for return. Products returned without authorization will not be credited.
  • Product not in its original condition may not be eligible for credit.
  • No credit will be given for freight charges.
  • Discontinued, obsolete, altered or custom-made items are not returnable for credit.
  • All returns must be shipped pre-paid: Carpenter Fine Art Gallery, 510 West, Buffalo Gap, TX. 79508.

Privacy Policy

We collect several types of information from and about users of our Website, including information by which you may be personally identified, such as name, postal address, e-mail address, telephone number.    

Data Security.

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Cookies

This Website uses cookies. By using this Website and agreeing to this policy, you consent to Carpenters Fine Art Gallery’s use of Cookies in accordance with the terms of this policy. Cookies are files sent by web servers to web browsers and stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.  There are two main kinds of cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiration date.

Carpenters Fine Art Gallery uses cookies on this Website for, but not limited to, the following purposes:

  • remembering user preferences and shopping cart contents
  • remembering auto-logins for visitors coming back to our Website
  • Website security

Carpenters Fine Art Gallery uses Google Analytics to analyze the use of this Website.  Google Analytics generates statistical and other information about Website use by means of cookies, which are stored on users’ computers. The information generated relating to our Website is used to create reports about the use of the Website. Google will store and use this information. Google's privacy policy is available at:  http://www. google.com/privacypolicy.html.

Carpenters Fine Art Gallery publishes Google AdSense interest-based advertisements on this Website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behavior across the web using cookies. You can view, delete or add interest categories associated with your browser using Google's Ads.

Preference Manager, available at:

http://www.google.com/ads/preferences/. You can opt-out of the AdSense partner network cookie at: http://www.google.com/privacy_ads.html.   However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in your browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.

When you use this Website, you may also be sent the following third-party cookies, which may be used for the following purposes:

  • to process payments for goods
  • to track shipments of products purchased
  • to remember your location preferences for shipping calculations

Most browsers allow you to refuse to accept cookies. In Internet Explorer, you can refuse all cookies by clicking "tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector.

In Firefox, you can adjust your cookie settings by clicking "Tools", "Options" and "Privacy".              

Blocking cookies will have a negative impact upon the usability of some websites.