Terms & Conditions

Parkinsons Painter, Inc. Website Terms of Service

Parkinsons Painter, Inc. is responsible for the website posted at www.parkinsonspainter.com. By accessing the Site, users agree to be bound by the following terms and conditions , which Parkinsons Painter may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.

Intellectual Property Rights

All content posted on or accessible through the website, or which may be sent to you if you sign for the mailing list or in response to attempts to contact us through the “Contact Us” link on our website , including all text, images, data, audio files, video files and clips, software, documentation or other information contained in these files are proprietary to Parkinsons Painter. Parkinsons Painter retain all rights, including copyright.

In addition, all trademarks, service marks, and logos displayed on the Parkinsons Painter website are registered and/or unregistered marks of Parkinsons Painters. Nothing contained on the website should be construed as granting any license or right to use any Trademarks without the express written permission. Any use of the Materials or Trademarks, other than as authorized in these Terms of Service, is strictly prohibited.

Buying the paintings on the site do no grant usage right over its image and or digital media.

Authorized Uses

You may view digital print media and pictures of paintings for buying either print media or paintings and otherwise very limited non-commercial, educational, and personal use only, subject to any additional terms or restrictions which may be applicable to the individual file or program. You may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices. Downloading, printing, copying, distributing or otherwise using digital art or pictures of the artists paintings for commercial purposes, including commercial publication or personal gain, is expressly prohibited. All rights not expressly granted herein by Parkinsons Painter are reserved.

Links to Third Party Sites

Parkinsons Painter contains links to third party sites, including social media platforms . Through these you will be able to connect with and follow Parkinsons Painter. However, Parkinsons Painter is not responsible for the content or privacy policies of any other websites. Parkinsons Painter provide these links as a convenience, and linking to any other websites is at the user’s own risk. A link does not imply endorsement or affiliation with the linked site.

Privacy

Parkinsons Painter respects your concerns about privacy. Please look at our privacy policy page, which describes the types of personal information we collect on the Site, how we may use that information and with whom we may share it. Our Privacy Notice also describes the measures we take to protect the security of the personal information, and how you can reach us to answer any questions you may have about our privacy practices.

Sales of the Artwork

10% of all sales will be donated to the Michael J Fox foundation and 10% will go to APDA the American Parkinsons Disease Association

After the artwork will be sold the Artist will receive an email confirming the purchase and containing the Purchaser’s delivery address. The shipping will be directly from the Artist’s workshop to the Buyer. Parkinsons Painter has the following obligations in completing the transaction:

We will ensure the artwork is easily available for collection and shipping within Five (5) business days of receipt of the notification of the sale.

If we do not ship the purchased art to the Purchaser prior to the expiration of the shipping period, then the sale may be cancelled. 

The Artist is responsible for packaging, labeling, and coordinating pickup or drop-off with a courier.

If damage occurs as a result of unsecure and unsatisfactory packaging, The Purchaser will be fully refunded, and the artwork will be returned to the Artist. 

Parkinsons Painter will be responsible for the cost of shipping to the Buyer and of return shipping. 

Parkinsons Painter will print and sign a Certificate of Authenticity which will be included with their packaged artwork.

No artist contact details are to be on, or included in, the artwork package. 

All sales are final.

Terms and Conditions for Purchaser 

As a Buyer of art, you may purchase artworks that are listed on our Website. Prices for an artwork will be as specified on the applicable listing.

The Buyer acknowledges that prices include shipping and include handling charges, for which they are responsible and which will be separately identified on the receipt. In addition to shipping charges, the Buyer will also be responsible for paying any international customs fees if they buy from overseas, determined by the country the artwork is being shipped to. Please check with your country’s customs office to determine what these additional costs will be prior to making a purchase.

Parkinsons Painter will collect your billing and shipping information and process your payment. We will ship the purchased work directly to the Buyer. 

If you purchase original artwork or limited edition print it will be shipped directly from artists’ studio. If you purchase prints that are listed by Parkinsons Painter on the website we will produce and ship the purchased work to the Buyer, unless the purchase is made through a third party website.

The Buyer is liable for the cost of the return shipping.

Order Cancellations

Parkinsons Painter reserves the right to cancel any order for an artwork if we determine, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed. If Parkinsons Painter cancels an order placed via the Services, we will send you an email confirmation of such cancellation and you will not be charged for your order. 

Payment

Parkinsons Painter is currently accepts payment by PayPal account. Even though all prices are in American dollars, you can pay in every currency PayPal accepts.

By placing an order, the Buyer consent to payment being charged to your Debit/Credit card Account via PayPal as provided. The Buyer acknowledges that the order implies an obligation to pay. Afterwards we will send you a confirmation email of your order to your email address. The Buyer shall immediately inform us and their payment service provider in case of any suspected or actual misuse of their Credit card that is related to a payment made through the Website.

Parkinsons Painter cannot be held liable for any damages incurred by the user due to the misuse of their Credit or Debit card.

Shipping

Art will be sent via FedEx, Ups, DHL as well as other common carriers. 

The shipping cost will be included in the price of artwork. The price of art that the buyer sees on the Website is what he has to pay.

If you purchased an item and it was damaged during shipping, please contact us within 24 hours at info@parkinsonspainter.com , we will assist you in the process of resolving your issue.

Please be sure to keep all shipping and packing materials that came with the shipment, as these may be needed by the shipper for their investigation. Send us detailed photographs of the damage, along with your name and order number. We must have these items in order to process the claim and provide a return shipment label.

We will contact you within 24 business hours from the receipt of your email and review the matter with you directly.

Color

You understand and agree that Parkinsons Painter uses commercially reasonable efforts to display the colors of artworks accurately . However, because individual computer monitors may display colors differently, we are not responsible for the color accuracy of any art displayed on the Website and disclaims all liability in this regard.

Taxes

All prices, fees and other amounts referred to in these Terms, including any prices, and fees set forth on the website , 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 contemplated hereunder (“collectively “Taxes”).

Disclaimer of Warranties

All Materials are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. Parkinsons Painter does not warrant that the Site will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the website . Parkinsons Painter assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of the website or downloading of any pictures from the website . At its discretion Parkinsons Painter may discontinue or take down the website or any section or media within the website at any time.

Limitation of Liability

Neither Parkinsons Painter, its affiliates, directors, officers, employees, consultants, independent contractors or agents, will have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special or consequential damages (even if Parkinsons Painter has been advised of the possibility of such damages) arising from or related to the use of the website or the media.

Indemnity

You agree to indemnify, defend, and hold Parkinsons Painter, its affiliates, directors, officers, employees, consultants, independent contractors and agents harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the website or any of its media.

Entire Agreement; Severance; Waiver.

These Terms of Use incorporate by reference any notices on the website and, together with the Privacy Notice and any end-user license agreements, constitute the entire agreement regarding user access to the site. If any provision of the terms and conditions or the Privacy policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Parkinsons Painter’ failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the State of Connecticut , without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Hartford County and the State of Connecticut , and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

How to Contact Us

If you have any questions about our information practices, please contact us by clicking on the contact us page, by emailing us at info@ParkinsonsPainter.com

Last updated: December 28, 2019