TERMS AND CONDITIONS

These terms and conditions apply to the use of this Website. By accessing this Website and/or placing an order, you agree to be bound by the terms and conditions set out below.

Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail, or call us at 949-690-0318 between 9am and 5pm Monday to Friday.

Definitions

“Conditions” means these terms and conditions and any Special Conditions; “Artwork” means any Artwork displayed for sale on the Website; “Artwork Description” means that part of the Website where certain terms and conditions in respect of the individual Artwork are provided; “Special Conditions” means the terms and conditions in the Artwork Description; “Users” means the users of the Website collectively; “Personal Information” means the details provided by you on registration; “We/us” means The Grace; “Website” means the website located at www.thegracegalleries.com or any subsequent URL which may replace it; “Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer; “United States” means any and all US states and territories; and “You” means a user of this Website.

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:

* The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and

* You will notify us immediately of any changes to the Personal Information by contacting us by e-mail, or by calling us at 949-690-0318 between 9am and 5pm Monday to Friday.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

Privacy Policy

We will treat all your Personal Information as Confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep your information on a secure server and we will fully comply with all applicable US Data Protection and consumer legislation.

When you shop on this Website, we will ask you to input and we will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, Artwork selections, credit card or other payment information, and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg, the URL you came from, IP address, domain types like .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the appropriate government offices. We use your information only for the following purposes:

* Processing your orders;
* For statistical purposes to improve this Website and its services to you;
* To serve website content and advertisements to you;
* To administer this website;
* If you consent, to notify you of Artworks or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under any relevant Privacy Act or Regulation.

When you create a shopping account while ordering on-line you may be given the option to receive information from The Grace by post, e-mail or telephone, about Artworks, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you check the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “unsubscribe” in the subject line, by e-mailing us or telephoning us at 949-690-0318 between 9am and 5pm Monday to Friday.

We will not sell your Personal Information to any company for mailing or marketing purposes.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information, we are entitled do so.

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping cart at any time – if you do not accept Cookies you will be unable to use this Website.

Please check back frequently to see any updates or changes to our Privacy Policy.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our Rights

We reserve the right to:

* Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

* Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third Party Links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, Artworks, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, Artworks, goods or other materials or services available on such external websites or resources.

Orders

All orders are subject to acceptance in accordance with the following conditions:

* Order Acceptance Policy – Order acceptance and the completion of the contract between you and us will take place on the shipment of the Artworks ordered by you unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in How to cancel your order.

Non-acceptance of an order may be a result of one of the following:

  • The Artwork you ordered being unavailable from stock
  • Our inability to obtain authorisation for your payment
  • The identification of a pricing or Artwork description error
  • You not meeting the eligibility to order criteria set out in the main Terms & Conditions If there are any problems with your order, you will be contacted by us.

The sales contract is completed in the United States.

We reserve the right to reject any offer to purchase by you at any time. The items in your shopping cart are not reserved for you until you pay for them.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:

* You place the order for your Artworks on the website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.
* We will send to you an order acknowledgement email detailing the Artworks you have ordered. This is not an order confirmation or order acceptance from The Grace.
* As your Artwork is shipped from our gallery we will send you a dispatch confirmation email.
* Order acceptance and the completion of the contract between you and us will take place once shipment of the Artworks ordered has taken place, unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in How to cancel your order.

Non-acceptance of an order may be a result of one of the following:

* The Artwork you ordered being unavailable from stock.
* Our inability to obtain authorisation for your payment.
* The identification of a pricing or Artwork description error.
* You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

The details of your specific contract will not be filed by The Grace Galleries. If you require any information regarding orders you have placed with The Grace, please email us at thegrace@galleries.com.

Delivery

The Grace Galleries will normally supply goods within the USA within 5 working days of acceptance of order. Goods supplied outside the USA may sometimes take longer; this will be advised at the time of ordering. We cannot guarantee specific delivery dates. In any event time of delivery shall not be of the essence and we shall not be liable for losses, costs, damages or expenses incurred by the customer or any third party, arising directly or indirectly out of any failure to meet any estimated delivery date.

We do not accept any liability or consequential costs occurring as a result of any delay whatsoever.

Occasionally (usually for non USA sales) we cannot determine the delivery charges at the point of ordering on the website and the customer is charged the standard delivery charge in the web site checkout process. In this case, we shall contact the customer with a quote for additional delivery charges and the customer is free to cancel the order or pay the additional charges prior to delivery.

Contract cancellation

The Grace Galleries does not accept Returns, so please be careful to have any questions answered prior to placing your order either online or in-store.

Description of Artworks

Each Artwork purchased is sold subject to its Artwork Description which sets out additional Specific Conditions related to that Artwork including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Artworks appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Artwork Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.

As all artwork is 100% handcrafted, you may receive a piece of art that is slightly different than the website description. For example, the measurements and/or colors may be subject to a slight variation. The Grace Galleries cannot be held responsible for reasonable differences between the description and the actual art piece. We strongly advise you to visit us in-store prior to making purchases.

Payment

All prices are exclusive of sales tax. The total cost of your order is the price of the Artworks ordered plus applicable sales tax if your order ships into CA or WY. If your order ships outside of these states, there is no sales tax. Additionally, you will be charged packing and delivery charges as set out in the Delivery section of this Website. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website.

You confirm that the credit or debit card that is being used is used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.

The total amount you pay is the same regardless of the payment method.

Refusal of transaction

We reserve the right to withdraw any Artwork from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Artwork from this Website whether or not that Artwork has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Artwork on this Website and lawfully enter into and form contracts on this Website under US law you must:

* Register by providing your real name, phone number, e-mail address, payment details and other requested information
* Be over 18 years of age
* Stipulate a delivery address in the United States. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
* Possess a valid credit or debit card issued by a bank acceptable to us

By making an offer to buy an Artwork, you specifically authorize us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.

The Website is provided on an “as-is” and “as-available” basis without any representation or endorsement made, and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Artwork.

This does not affect your statutory rights as a consumer.

* any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
* any loss of goodwill or reputation; or
* * any special or indirect losses,

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Severance

If any part of the Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what The Grace Galleries and you are expected to do.

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.