Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Art By Sandy. The terms “we,” “us,” and “our” refer to Art By Sandy.
Art By Sandy operates this online store and website, including its related information, content, products and services (the “Services”). Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products to you.
These Terms of Service, together with our Privacy Policy, Shipping Policy, and Return and Refund Policy, describe the terms that apply when you visit our website or purchase from Art By Sandy.
By accessing or using our Services, you agree to these Terms of Service and the policies made available through our website and checkout. If you do not agree with these terms, please do not use the Services.
SECTION 1 — ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your state or province of residence, or that you have provided appropriate consent for a minor dependent to use the Services.
When placing an order, you may be asked to provide information including your email address, billing information, payment information and shipping address. You agree that information you provide is accurate, current and complete.
If you create an account, you are responsible for maintaining the security of your account credentials and activity associated with your account.
SECTION 2 — ARTWORK AND PRODUCTS
Art By Sandy offers fine art prints reproduced from original artwork.
We make every reasonable effort to represent our artwork and products accurately. However, colors and appearance may vary slightly depending upon computer monitors, mobile devices, screen settings, lighting and printing processes. Such normal variations are not considered defects.
Product descriptions, availability and pricing may be changed or corrected when necessary.
We reserve the right to discontinue a product or limit quantities at any time.
SECTION 3 — ORDERS AND ALL SALES FINAL
When you submit an order, you are offering to purchase the selected product. An order is accepted after payment has been successfully processed and the order has been confirmed.
Please review your order carefully before submitting it.
All sales are final.
Because our fine art prints are carefully prepared and packaged for each order, we do not accept returns or exchanges for change of mind, subject to any rights that cannot legally be excluded.
If your order arrives damaged, defective, or you receive an incorrect item, please contact Art By Sandy as soon as possible after delivery. Please include photographs of the item and its packaging so that we can review the problem and work with you toward an appropriate resolution.
Please do not return an item without contacting us first.
Additional information is available in our Return and Refund Policy.
SECTION 4 — PRICES, PAYMENT AND TAXES
Prices and promotions may change without notice. The price charged will be the price displayed when your order is placed.
Applicable shipping charges, taxes, duties or other charges will be displayed or calculated as appropriate during checkout.
For international orders, taxes, duties, customs charges and payment processing may be handled by third-party services or a merchant-of-record provider made available through Shopify.
You agree to provide accurate and complete billing and payment information and represent that you are authorized to use the payment method submitted for your purchase.
SECTION 5 — SHIPPING AND DELIVERY
Orders are carefully packaged and shipped from New Mexico.
Shipping charges and estimated delivery times are displayed at checkout. Delivery dates are estimates and are not guaranteed.
Delays may occur because of postal carriers, customs processing, weather or other circumstances outside our reasonable control.
Tracking information will be provided when available.
For Canadian and other eligible international orders, additional processing, customs requirements, taxes or duties may apply and may be handled through Shopify’s international commerce services and their service providers.
If an order arrives damaged, please contact Art By Sandy as soon as possible and retain the item and original packaging while the matter is reviewed.
Please see our Shipping Policy for additional information.
SECTION 6 — COPYRIGHT AND INTELLECTUAL PROPERTY
The artwork, images, photographs, graphics, text, designs, logos and other original content appearing on the Art By Sandy website are protected by applicable copyright, trademark and other intellectual property laws.
Unless otherwise indicated, original artwork and artwork reproduced in prints sold by Art By Sandy remain the intellectual property of the artist and/or applicable copyright owner.
Purchasing an Art By Sandy print gives the purchaser ownership of that physical print only. It does not transfer copyright, reproduction rights, licensing rights or other intellectual property rights in the underlying artwork.
Artwork or images from this website may not be copied, reproduced, scanned, photographed for reproduction, distributed, commercially displayed, modified, published, sold, licensed or used to create derivative products without prior written permission from Art By Sandy, except as otherwise permitted by law.
All rights not expressly granted are reserved.
Shopify’s names, trademarks and related intellectual property belong to Shopify or their respective owners.
SECTION 7 — OPTIONAL AND THIRD-PARTY TOOLS
Our Services may provide access to tools, payment services, applications or other functionality provided by third parties.
Such third-party services may be governed by their own terms and privacy policies. Art By Sandy is not responsible for third-party services except to the extent required by applicable law.
SECTION 8 — THIRD-PARTY LINKS
Our website may contain links to websites or services operated by third parties.
We are not responsible for the content, accuracy, privacy practices or policies of third-party websites. If you choose to visit a third-party website, you do so subject to that provider’s terms and policies.
Questions or complaints concerning third-party products or services should generally be directed to the applicable provider.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Art By Sandy is powered by Shopify, which enables us to provide the Services to you.
However, sales and purchases made through our Store are transactions involving Art By Sandy except where checkout expressly identifies another entity as merchant of record for a particular transaction.
Shopify provides ecommerce technology and related services but is not responsible for Art By Sandy’s artwork or products except as otherwise provided by applicable Shopify services, terms, or law.
Certain international transactions may involve a third-party merchant of record or other service provider as identified during checkout.
SECTION 10 — PRIVACY
Personal information collected through the Services is handled in accordance with the Privacy Policy available through our website and checkout.
Because our store is hosted by Shopify, Shopify and service providers involved in operating the store, processing payments, preventing fraud, fulfilling orders or facilitating international transactions may process information necessary to provide those services.
Please review our Privacy Policy for additional information.
SECTION 11 — REVIEWS AND FEEDBACK
If you voluntarily provide a product review, comment, suggestion or other feedback to Art By Sandy, you represent that you have the right to provide that material and that it does not violate the rights of another person.
You grant Art By Sandy permission to use voluntarily submitted reviews and feedback in connection with operating and promoting the business, subject to applicable law.
We reserve the right to remove unlawful, abusive, fraudulent or otherwise inappropriate content.
SECTION 12 — ERRORS AND INACCURACIES
Occasionally our website may contain typographical errors, inaccuracies or omissions concerning product descriptions, pricing, availability, shipping charges or delivery estimates.
We reserve the right to correct errors and update information. If an error materially affects an order you have already placed, we will address the order as appropriate and as required by applicable law.
SECTION 13 — PROHIBITED USES
You may use our website only for lawful purposes.
You may not use the Services to violate applicable law; infringe intellectual property rights; transmit malicious software; engage in fraud or impersonation; interfere with website security; collect personal information unlawfully; or reproduce, scrape, copy or commercially exploit our website or artwork without authorization.
We reserve the right to restrict access to the Services where reasonably necessary to protect Art By Sandy, its customers, its intellectual property or the operation of the website.
SECTION 14 — TERMINATION
We may restrict or terminate access to the Services where these Terms have been materially violated or where necessary to protect the security or lawful operation of the website.
Obligations and rights that by their nature should continue after termination—including intellectual property protections and amounts owed for completed transactions—will survive termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the website and Services are provided on an “as is” and “as available” basis.
We do not guarantee that access to the website will always be uninterrupted, error-free or completely secure.
Nothing in these Terms excludes warranties, guarantees or consumer rights that cannot lawfully be excluded or limited.
SECTION 16 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Art By Sandy will not be liable for indirect, incidental, special, punitive or consequential damages arising from use of the Services.
Nothing in these Terms limits liability or consumer rights where such limitation is prohibited by applicable law.
SECTION 17 — INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Art By Sandy from third-party claims arising from your unlawful use of the Services, your violation of these Terms, or your infringement of another person’s rights.
SECTION 18 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed as necessary. The remaining provisions will continue in effect.
SECTION 19 — WAIVER AND ENTIRE AGREEMENT
Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
These Terms and the policies referenced in them constitute the agreement governing use of the Art By Sandy website and purchases made through the store, subject to any additional terms presented during checkout.
SECTION 20 — GOVERNING LAW
These Terms are governed by applicable laws of the State of New Mexico and the United States, without limiting any consumer rights or protections that apply under the laws of the purchaser’s jurisdiction and cannot legally be waived.
SECTION 21 — HEADINGS
Section headings are included for convenience and do not affect interpretation of these Terms.
SECTION 22 — CHANGES TO THESE TERMS
We may update these Terms from time to time by posting a revised version on our website.
Changes will apply from the effective date of the updated Terms, subject to applicable law.
SECTION 23 — CONTACT INFORMATION
Questions regarding these Terms, an order, shipping, or a damaged shipment may be directed to:
Art By Sandy
Email: artbysandytaos@gmail.com
Mailing address:
P.O. Box 614
Arroyo Hondo, NM 87513
United States