Last updated: June 14, 2024

WHO WE ARE 

ART IS ALL SHE SAID is a fine art gallery service selling highest quality art prints online and making original oil paintings available for customized sale.  We partner with carbon-neutral  fine art printers based in England and Germany to ensure the highest level of professional giclee prints on sustainable Hahnemuhle fine-art grade paper. 

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: Illinois, United States

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ARTISALLSHESAID.COM LLC, 112 ASHTON DR BURR RIDGE IL 60527.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Goods refer to the items offered for sale on the Service.

• Orders mean a request by You to purchase Goods from Us.

• Service refers to the Website.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to ART IS ALL SHE SAID, accessible from HTTP://ARTISALLSHESAID.COM

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability

• Errors in the description or prices for Goods

• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

 Your Cancellation Rights

1 You may be able to cancel or amend your order prior to us commencing production of your goods and receive a refund. Please contact us  as soon as possible to determine whether you are able to cancel or amend your order. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

2 However, unless agreed by us, the cancellation right does not apply in the case of:

2.1 where goods have commenced production; and

2.2 bespoke goods or made to measure/order goods.

When we will pay the costs of return.

We will pay the costs of return:

1 if the goods are faulty or misdescribed; or

2 if you are canceling your order because we have told you of an upcoming change to the product or these terms, an error in pricing or description, as a result of something we have done wrong.

In all other circumstances you must pay the costs of return.

3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. For instance, where there may be a delay in receiving the goods or parts of the goods from an overseas supplier. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

Your rights in respect of defective goods.

1. We warrant that on delivery any goods which are goods shall:

1.1 conform in all material respects with their description and any relevant specification in the Order Form;

1.2 be free from material defects in design, material and workmanship;

1.3 be of satisfactory quality (within the meaning of the Sale of goods Act 1979); and

1.4 be fit for any purpose held out by us.

2 No liability for the goods failure to comply with warranty. We will not be liable for the goods failure to comply with the warranty in clause 1 if:

2.1 you make any further use of such goods after giving us notice of a defect;

2.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

2.3 the defect arises as a result of us following any drawing, design or specification in the Order Form supplied by you;

2.4 you alter or repair the product without our written consent; or

2.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions. We will not provide a refund or replacement in respect of any matter that arises under this clause. 

Refund/Replacement of Goods

1 Refunds. If the following occurs, we’ll offer a full refund or redeliver replacement goods the next working day:

1.1 the goods are damaged (not as a result of clause 8.2);

1.2 the goods do not conform with the warranty in clause 8.1; or

1.3 the goods do not match the file uploaded within a reasonable tolerance allowed as per industry standards.

2. Evidence to support return. Any claims for a refund as per clause    1 in this section must be supported by the return of the damaged product and a valid receipt.

3 Your rights if there is a defect. If a product has a defect or other issue which is our responsibility, we shall request return of the product (if possible) and if we accept responsibility we shall, at our discretion:

3.1 repair the defect and redeliver to you at no additional cost to you; or

3.2 reprint the Image and redeliver to you at no additional cost to you; or

3.3 cancel the order and refund you in full.

If the order is redelivered to you, you shall not be charged for any additional costs for reprinting and redelivery.

4 We are not liable for goods. We are not liable to refund or replace any products in the following situations:

4.1 if the defect or other issue is your responsibility, for example but not limited to pixelation issues with the file or color profile issues leading to poor color reproduction;

4.2 the product has any minor variations in size as a result of inadequate preparation of files; or

4.3 the goods have become mixed inseparably with other items after their delivery.

5 Changes due to changes in law. We reserve the right to amend the specification in the Order Form for the goods if required by any applicable statutory or regulatory requirement.

6 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

7 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8 When your refund will be made. We will make any refunds due to you as soon as possible.

Our Services

1 Compliance with specification in the Order Form. Subject to our right to amend the specification in the Order Form (see Clause 6.1) we will supply the services to you in accordance with the specification for the services appearing on our website at the date of your order in all material respects.

2 Changes to specification in the Order Form. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such event.

3 Withdrawal and cessation of services. We reserve the right to withdraw the offer of any of our Services if required by any applicable statutory or regulatory requirement or for any other reason relevant to the operation of our business, and we will notify you in advance of any such event. We are not liable for any loss or damage you may occur as a result of us amending or withdrawing any of our services.

4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.

5 Time for performance. We will use all reasonable endeavors to meet any performance dates specified in the Order Confirmation, but  any such dates are estimates only and failure to perform the services by such dates will not give you the right to terminate the Contract.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: ARTISALLSHESAID@GMAIL.COM