These terms apply to your use of this website ("www.jackterryart.com"), and to any items supplied to you, the customer or Site user. ("www.jackterryart.com"). The Site is operated by JackTerry Fine Art, Ltd. ("we" or "us") and is provided to you subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.
1.1 Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched, a contract will be made between you and us, and you will be charged for the goods.
1.2 The prices payable for the items that you order are clearly set out on the Site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned.
1.3 All prices are expressed inclusive of any foreign taxes and shipping such as VAT payable unless otherwise stated.
2.1 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
3. Right of Refusal:
3.1 The online store is available for both retail and commercial use. However, we reserve the right to refuse orders from retail customers or from businesses for any reason whatsoever.
4.1 Delivery will be made to the address specified by you on the completed order form. We will deliver your order to the main entrance of the delivery address.
4.2 Approximate delivery times will confirmed to you at the time of placing your order or in a follow up email. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full, due to circumstances beyond our control.
5. Returns of items:
5.1 We hope that you will be happy with your purchase. However, should you feel it necessary to return an item, you may cancel the contract for it's purchase, by contacting us on (512) 864.2990 within seven working days of delivery of the items to you. You should then return the relevant item to us in secure packaging to: JackTerry Fine Art, Ltd., 101 Olde Oak Georgetown, Texas 78633.
5.2 You will be responsible for the cost of returning any item to us unless the item is defective or we have delivered the item to you in error or as a substitute. The item should be returned to us in its original condition. If we do not receive the item back from you we may arrange for collection of the item from you at your cost.
5.3 When we receive notice of cancellation of your contract for any item, we will refund the price paid by you for that item, or if the item is defective we may repair the item or supply you with a replacement. We will not refund the delivery charge for sending the item to you.
6. Cancellation and changes prior to delivery:
6.1 You can cancel or change any of your current orders prior to dispatch by calling us on (512) 864.2990.
7.1 We may require registration with the Site in order to complete a purchase.
7.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
7.3 You must inform us immediately of any changes to the information that you provided when registering, by updating your personal details in order that we can communicate with you effectively.
8. Password and security:
8.1 When you register to use the Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by immediately contacting firstname.lastname@example.org.
8.2 If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
9. Intellectual Property:
9.1 The content of the Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the Site without our prior written permission.
10. Our Liability:
10.1 Subject as expressly provided in these conditions, and where you are not dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.2 Where items are sold under a consumer transaction your statutory rights are not affected by any of these Conditions.
10.3 Any claim by you which is based on any defect in the quality of the goods supplied or their failure to correspond with specification, must be notified to us within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 14 days after discovery of the defect or failure. If you do not notify us accordingly, you will not be entitled to reject the items and we shall have no liability for such defect or failure.
10.4 Where any valid claim in respect of any of the items supplied which is based on any defect in the quality or condition or their failure to meet specification is notified to us in accordance with these conditions, we shall be entitled to replace or repair the items free of charge or at our sole discretion, refund to you the price of the items (or a proportionate part of the price), but we shall have no further liability to you.
10.5 We shall not be liable to you by reason of any representation, or any implied warranty, condition or other term or any duty at common law, or under the express terms of these Terms and Conditions, for any consequential loss or damage (whether for lost profit, lost opportunity or lost reputation or otherwise), costs expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of items or their use or resale by you, except as expressly provided in these conditions.
10.6 Our entire liability under or in connection with these terms and conditions shall not exceed the price of the items supplied.
10.7 Nothing in the Conditions will exclude or limit our liability in respect of death or personal injury caused by our negligence.
11. Availability of the Site:
11.1 Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Site you should report it to email@example.com and we will attempt to correct the fault as soon as we reasonably can.
11.2 Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
12. Our right to suspend or cancel your registration:
12.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
12.2 You can cancel your registration at any time by informing us in writing at firstname.lastname@example.org. If you do so, you must stop using the Site.
12.3 The suspension or cancellation of your registration and your right to use the Site shall not affect either party's statutory rights or liabilities.
13. Third Party Websites:
13.1 As a convenience to customers, the Site may include links to other web sites or material which are beyond our control. We are not responsible for content on any site outside the Site.
14. Applicable Law:
14.1 These Terms and Conditions will be subject to the laws of the United States of America. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United States.
15.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
15.2 If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
15.3 We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
16. All Jack Terry Art images shown on the jackterryart.com are under full copyright protection. Any use of images beyond this purchase require permission by Jack Terry.