TERMS AND CONDITIONS
Thanks for your interest in Carmen Guedez Original Art!
By using this Website you agree to these terms and conditions. Your use of the cgmodernart.com Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the cgmodernart.com Web site.
USE OF THIS WEB SITE
This Website is owned and operated by CG Modern Art LLC. In these Terms and Conditions, CG Modern Art LLC is referred to as the “Seller”, “cgmodernart.com”, “us,” or “we.”
Cgmodernart.com Web site is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving cgmodernart.com goods and services and/or to otherwise transact business with CG Modern Art LLC. No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer.
The contents of cgmodernart.com, including its domain, subdomains and blogs are owned entirely by CG Modern Art LLC, and are protected, without limitation, pursuant to U.S. and international copyright, The Berne Convention and trademark laws. You are granted a non-exclusive, non-transferable, revocable license to access and use the site strictly in accordance with this agreement; to use the site, solely for internal, personal, non-commercial purposes. Material on this site, including text, logos and images, may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use or with CG Modern Art LLC permission. In order to request permission, please contact us. In any case, you must retain intact all copyright and other proprietary notices. Modification of this material or the use thereof for any other than a personal purpose constitutes a violation of intellectual property right and trademark that belong to cgmodernart.com. No print out or electronic version of any part of the website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Harassment in any manner or form on the website, including but not limited to via e-mail, contact messages, or by use of obscene or abusive language, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the site any content which is derogatory, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
This website covers a wide range of art and subject matter, is generally uncensored, and may include visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any content that you think is or may be inappropriate for them.
COPYRIGHT AND TRADEMARK
The entire content of this website, including but not limited to text, graphics, icons, artwork images, service marks, trade names, logos and other proprietary information belongs to cgmodernart.com and is copyrighted under the United States, The Berne Convention and other trademark and copyright laws. All of the above may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use or with cgmodernart.com permission.
In order to purchase paintings and other products offered in cgmodernart.com by CG Modern Art LLC, Buyer will be re-directed to a secure PayPal site. This guarantees a safer and secure transaction for the Buyer and Seller. By clicking the “Pay Now” button, Buyer will agree to the policy and these “Terms” indicated by cgmodernart.com.
Debit/credit cards and bank account transactions are accepted through PayPal. PayPal uses a SSL technology to keep the information safe. Cgmodernart.com does not collect any debit, credit card, bank account or any other payment information. Every payment transaction is securely protected by PayPal, and its terms and conditions apply. For more information, visit Paypal.
SHIPPING AND HANDLING
All paintings are carefully packed and include insurance to cover any loss or damage. Original Paintings are shipped usually 2-3 business days after payment is received and cleared to the shipping address listed in PayPal. CG Modern Art LLC is not responsible for shipping delays or omissions caused by the carrier or the Buyer’s country’s custom. Shipping rates are estimated per location. Some oversize paintings and/or international countries may require extra shipping charges. In such cases we will notify the Buyer by email for approval before shipping.
During Holidays, orders may take slightly longer to process due to busy season.
TAXES AND IMPORT FEES
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions.
Buyer is responsible for all taxes and duties. Import duties, taxes and charges are not included in the item price or shipping charges. These charges are the buyer’s responsibility. Buyer must check with his/her country’s customs office to determine what these additional costs will be prior to buying. These charges are normally collected by the delivering shipping company or when Buyer pick the item up. If the customer refuses to pay these import fees, in most cases the shipment will be abandoned in the destination country and destroyed by customs or the carrier. In this case, we will be unable to issue a refund to the customer for the purchase or shipping. Law requires cgmodernart.com to declare the full value (purchase price) and purpose (Commercial) of products on any waybills or customs documentation. We cannot declare a lower value on your package than the purchase price that you paid, and cannot designate it as a “Gift” or “Sample”. North Carolina residents pay sales tax.
RETURNS AND REFUND POLICY
THIRD PARTY APPS
Third party apps, for ex. the fineartamerica/pixels for prints, are provided by authorized third parties for reference only. Cgmodernart.com does not guarantee the accuracy of their result, and is not responsible for their availability and practices.
In an attempt to provide increased value to our visitors, cgmodernart.com may link to sites operated by third parties. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites. cgmodernart.com is unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites. Derogatory, harmful, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law is not permitted in cgmodernart.com. Users may not upload to, distribute through, or otherwise publish through cgmodernart.com any content or material that corresponds to the above listed.
COUPONS AND PROMOTIONS
Coupons may be redeemed only at cgmodernart.com. Coupons cannot be combined with any other offer, specials or discount unless it is stated on cgmodernart.com. Only one code may be used per transaction. Coupons may be redeemed only during the days and time and for the exact products it indicates. Coupons cannot be applied to past purchases. No negotiable or redeemable for cash.
Gift certificates are valid only at cgmodernart.com and can be used towards the purchase of any item for sale. Balances from multiple gift certificates cannot be transferred to a single gift certificate. Only one code may be used per transaction. Gift Certificates are non-refundable and may not be redeemed for cash. Gift Cards cannot be used to purchase other gift cards. Gift Certificates are delivered by mail to the Buyer’s shipping address indicated in PayPal. The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. CG Modern Art LLC is not responsible for lost, stolen, destroyed or redeemed codes by unauthorized parties or without your permission. Gift certificates are valid for one year after date of purchase. Promotional discounts or coupons cannot be used to purchase Gift Certificates. Gift certificates do not accrue maintenance fees and can be cancelled within 7 (seven) days of the purchase date.
GIVEAWAYS AND CONTESTS
All participants will follow the terms stated in each giveaway/contest page. No cash or other substitution may be made, except by cgmodernart.com in its sole discretion. Winners will be randomly selected and will be notified by email and/or direct message. Winner is responsible for any taxes and fees associated of a prize. Cheating is not allowed under any circumstances. By participating in cgmodernart.com giveaways, contests and sweepstakes, entrants agree to release and hold harmless the Giveaway Entities from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late,postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f)injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt of any prize. Entrant further agrees that in any cause of action the Giveaway Entities liability will be limited to the cost of entering and participating in the Giveaway and in no event shall the Giveaway Entities be liable for attorney fees. The entrant waives their right to claim any damages whatsoever.
All artwork by Carmen Guedez is photographed with a high resolution digital camera to ensure accuracy. Different monitors may display the colors of the image slightly differently. Images are for personal and non-commercial use only. In case you want to use an image in a publication, advertisement or commercial use, please contact us.
Cgmodernart.com reserves the right to reproduce, publish, licensed, publicly display, prepare derivative works of, market, sell and distribute any kind of print products of Carmen Guedez paintings; including without limitation, cards, canvas, paper, posters, mugs, totes and other merchandise, and cannot be reproduced by anybody without Carmen Guedez written permission.
To the best of our knowledge, products created, advertised, reproduced and sold by our partners from any Carmen Guedez image/painting, is created with high quality standards. Shipping time may vary depending on manufacturer, quantity and destiny. You expressly understand and agree that we shall not be liable for any indirect, incidental or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from any of our partners services and products (regardless of whether we should have known of the possibility of such damages). For information about our partner’s products, you must contact them directly.
Buyer, who orders a commissioned Artwork, understands that because each Artwork is hand-made, each original is unique and never an exact duplicate of another. Information about how to order a custom artwork can be found in Commissions.
The views and opinions expressed in guest articles or posts are those of the guest authors and do not necessarily reflect the opinions and views of cgmodernart.com as a whole. To the best of our knowledge these posts are interesting and educational, however, we have no control over their content and links. The accuracy, completeness and validity of any statements made within these articles are not guaranteed. We accept no liability for any errors, omissions or representations. The copyright of their content belong to the authors and any liability with regards to infringement of intellectual property rights remains with them.
In the event an error in price or description is mistakenly listed on the website, Seller reserves the right to refuse and/or cancel any transaction. A refund will be processed if payment was received.
Buyer may not purchase under a false name, false id, or use an invalid or unauthorized credit card. Such fraudulent conduct is a violation of federal and state laws.
DISCLAIMER OF WARRANTIES
CG Modern Art LLC makes no representations or warranties of any kind, expressed or implied, with respect to the website, any transactions or messages conducted on or through the website and any property offered on the website which are for use “AS IS” and “AS AVAILABLE.” All warranties express or implied, including without limitation: a) implied warranties of merchantability and fitness for some particular purpose with respect to the contents of cgmodernart.com and any website to which it is linked or partnered; b) that its contents will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error and; c) any implied warranty whether or not arising from the negligence of cgmodernart.com to the full extent permissible under applicable law; all of these warranties are hereby disclaimed. You expressly understand and agree that use of the site and the services and products is at your sole risk.
LIMITATION OF LIABILITY
Under any circumstances cgmodernart.com and its partners will not be liable for any damages of any kind including without limitation direct, indirect, incidental, punitive and consequential damages from the use of, or the inability to use, the materials on this site or the performance of the products, even if cgmodernart.com has been advised of the possibility of such damages.
Due to the fact that certain jurisdictions do not permit or recognize an exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this web site, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using this web site.
Any queries relating to these Terms and Conditions must be given in writing and must be sent by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the Seller address (provided upon request).
By using this Web site, services and products, you agree to indemnify, defend, and hold harmless CG Modern Art LLC, its officers, directors, employees, agents, partners, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Terms and Conditions agreement or any transaction conducted on or through cgmodernart.com (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Indemnification Costs shall include any costs incurred in the enforcement of the foregoing.
Terms and Conditions constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
TERMS AND CONDITIONS CHANGES
Cgmodernart.com reserves the right to revise and amend these Terms and Conditions at any time without prior notice, and any revised version will be deemed to be applicable from the first date of publication on this website. For this reason, we encourage you to print and review these terms and conditions each time you use this Web site.