TERMS and Conditions of Use
Effective date: November 28, 2018.
Thank you for visiting the North Carolina Gallery of Fine Art (the “website”) owned and operated by the North Carolina Gallery of Fine Art, Inc. (“NCGFA”). Your use of the website indicates that you have read, understood and agree to abide by the articulated terms of use (“Terms”). We may modify the Terms from time to time without notice. By using the website, you agree to be bound by any such modifications.
Your use of the website:
NCGFA provides you with access to and the use of the website subject to your compliance with the Terms and the website’s Privacy Policy. No material from the website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically permitted in the website. The website, including all its contents, such as text, images, and the HTML used to generate the pages (“Materials”), are the property of NCGFA or that of our suppliers, partners, or licensees and are protected by patent, trademark and/or copyright under the United States Patent and Trademark Office (USPTO) and/or relevant foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this website in whole or in part, for any public or commercial purpose without the specific written permission of the NCGFA. We grant you a personal, non-exclusive, non-transferable license to access the website and to use the information and services contained herein.
Title and Risk:
Upon paying in full the noted purchase price, the purchaser shall become the legal owner of the work of art or product sold by NCGFA and, upon such payment, will be responsible for the work of art or product and the risk of damage to or loss of the work of art or product will pass to you.
Ownership and Copyright:
A work of art is sold by NCGFA with the strict understanding that it is available for purchase exclusively through the NCGFA or any other outlet approved by the NCGFA. It is our expectation that the work of art will not be purchased for resale and will be retained by you for your own personal enjoyment. The signing of this Agreement acknowledges your agreement not to sell or offer for sale the art work on any internet-based auction or other website. However, the agreement does not specifically prohibit the sale of purchased artwork through a private sale, but does bind downstream purchasers to the same prohibitions through sales via internet-based auctions or other websites. Copyright of all works of art remains the property of NCGFA. You may not produce any image of the works of art and may not, at any time, publish or submit for publication or reproduction any image of the works of art to any third party, including any internet website for any purpose. If you breach any of your obligations, your signature of this document expressively acknowledges your agreement that: (a) the payment of damages will not be a sufficient remedy to compensate the NCGFA for your breach; (b) we may apply to the court for an order or injunction to prevent you from continuing to breach your obligations under these Terms and Conditions; and (c) we may contact the operator of any internet website on which the works of art is being offered for sale or on which an image of the works of art has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.
Copyright Statement:
All artwork and content on the NCGFA website is legally protected by U.S. & International copyright laws. Unauthorized duplication or usage is prohibited by the Copyright law and will be prosecuted. NCGFA retains all of the reproduction and copyrights to all artwork on this site and in its gallery location regardless of having sold the original work of art.
Risk of Loss:
The items purchased from our website are shipped by an approved third-party carrier pursuant to a shipment contract. Therefore, the risk of loss and title for such items will pass to the purchaser upon our delivery to the carrier.
Authenticity:
All sculpture, paintings, and or works of art displayed on the website are supported by an authenticity guarantee by the NCGFA.
Purchasing:
NCGFA and its partners strive for complete accuracy in the description and pricing of the products on the website. However, due to the nature of the internet, occasional glitches, service interruptions, or mistakes may cause inaccuracies to appear on the website. NCGFA reserves the right to void any purchases that relied upon a communicated inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, NCGFA will void the purchase and attempt to contact you via either telephone or email to inquire if you would desire to purchase the item for the correct price. Your document signature acknowledges that temporary interruptions in the availability of the website may occur from time to time as normal events. Also, we may decide to cease making available the website or any portion of the website at any time and for any reason. The NCGFA or its suppliers will be held harmless and not held liable for any damages due to such interruptions or lack of availability. The price of the Work of Art or products listed does not include applicable duties, taxes, shipping and handling under law, which will be charged as applicable and would depend on the physical location of the Work of Art or other product as well as the shipping address provided by the Buyer. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the Work of Art. The Buyer agrees that the Buyer is liable for any duties and taxes that might be applicable on the purchase and such charges shall be payable in addition to the price of the Work of Art. All invoices will be made by NCGFA based on the information provided by the Buyer or amended at the time of finalizing a purchase.
Placing an order on www.ncgfa.com constitutes an official and irrevocable acceptance of the purchase. This acceptance results in an enforceable bilateral contract of sale unless rescinded/canceled by NCGFA within 5 working days on account of a default by the artist or any prior or continuing breach by the Buyer. The contract of sale is between NCGFA and the Buyer. NCGFA shall have the right to cancel any order placed on the website www.ncgfa.com at any time prior to the delivery of the Work of Art, without assigning any reason whatsoever. NCGFA shall assume no responsibility for any errors or omissions that may occur in the Description, pricing or other content related to the Work of Art. In the event of such an error, NCGFA reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing.
Once an order is placed with the NCGFA, the Buyer is required to make a deposit payment or full payment for the price of the Work of Art as well as the charges referred to above. In the event that NCGFA does not receive payment within two (2) working days NCGFA reserves the right to cancel the order without prior notice to the Buyer. Alternately, and without prejudice to the foregoing, NCGFA may, at its absolute discretion, hold the Work of Art for the Buyer and charge any storage, holding, custody, and insurance costs applicable on the purchase and/or may seek to commence legal proceedings to effectuate any legal and/or equitable remedy under law to ensure execution of the contract of sale.
The Work of Art or other product will be delivered/shipped to the Buyer once all necessary documentation relating to transportation, tax, etc. as may be reasonably requested for by NCGFA are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges. In the event that the Buyer chooses to collect the Work of Art or other product from NCGFA, the buyer must do so within two weeks of NCGFA receiving the final payment. In the event that the Work of Art or other product is not collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of NCGFA. Furthermore, the Buyer is required to remit any balance due to the NCGFA within 30 days of the notification of completion of any commissioned work of art. Failure to do so will automatically cancel the contract and the buyer shall forfeit the deposit.
The buyer agrees to abide by all provisions prescribed in these terms and conditions. In particular, the buyer warrants that all information that is submitted will be true and accurate (including without limitation your credit card number and expiration date), and agree to pay all costs, charges plus all applicable taxes for the purchases made by the buyer.
Deposit:
Unless otherwise agreed upon, a non-refundable deposit of 50 percent of the cost of any commissioned artwork is required for work to commence.
Payment:
The NCGFA accepts approved credit/debit card or check payments. The buyer agrees not to execute a charge-back on any payment made to the NCGFA. If a charge-back is executed, the buyer will be liable for all costs to the NCGFA including bank fees related to this charge-back, as well as legal fees to recover this charge-back of a payment.
Cancellation rights:
Some of the NCGFA works of art are created especially for your order/contract and therefore you cannot cancel this contract. Accordingly, once a deposit is made or art purchased you may not return the artwork. The NCGFA does not offer refunds.
Sharing personal data:
We will never sell or trade your personal data to outside parties. This does not include information sharing with any associated companies or service providers who assist us in operating our website, conducting our business or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law. Your personal data will be stored at our office/gallery in Wilmington NC and will only be used to facilitate purchase and delivery of commissioned art and to provide delivery of any newsletters pertaining to art and events in our gallery and on our website. Read our PRIVACY POLICY here.
Contact and interaction with you:
If you complete a sales form on our website, you are giving us explicit consent and permission to store data about you and interact with you to provide the information you requested. Contact may commence via telephone, email, by traditional US Mail/shipping.
If you sign up for our newsletter or complete a sales questionnaire form on our website, you are giving us explicit consent and permission to store data about you and interact with you to provide the information you requested. Contact may commence via telephone, email, by traditional US Mail/shipping, or through social media. You will also be able to unsubscribe and /or opt-out of our newsletter emails at any time by sending us an unsubscribe notification by email.
Breach Notification:
NCGFA agrees to report certain types of data breaches to relevant authorities within 72 hours unless the breach is considered harmless and poses no risk to individual data. However, if a breach is high-risk, then the NCGFA will also inform individuals who are impacted right away.
Please Note:
The works of art will be hand-delivered or shipped to the customer once all necessary documentation, pertaining to transportation, address, insurance (optional), tax, etc. are completed and the payment has been realized in full including all relevant additional charges. Upon receiving the deposit payment, it may take up to 5 working days to notify the buyer and to begin notifications as to the status of the work of art as it is being created. The time generally required for the custom creation of a work of art routinely ranges from 90 – 120 days except for periods of extreme demand upon the foundry. If such an event occurs, the NCGFA will keep the buyer apprised of current status and projected completion date. Upon completion of the work, we will make final arrangements with the buyer for the delivery of the artwork. The customer may also choose to collect the work of art from NCGFA.
NCGFA shall not be responsible for delays in delivery and performance that are due to events of force majeure or events beyond its reasonable control or that of its subcontractors (including strikes, lock-outs, governmental orders, shortage in energy or transportation, etc.). In such a case, NCGFA shall be entitled to postpone the delivery and performance by a period corresponding to that of the event of force majeure increased with a reasonable restarting time.
Severance:
Should any provision of these Terms and Conditions be prohibited by law or adjudicated by a court as to be unlawful, void or unenforceable on its face or through its terms, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying or altering the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
No person other than you and the NCGFA shall have any rights under these Terms and Conditions. This Agreement constitutes and integrates the entire understanding of this Agreement by the parties. Its terms can be modified only by an instrument in writing signed and agreed to by both parties. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties.
Jurisdiction:
The Terms and Conditions of this Agreement shall be governed by and construed in accordance with the applicable federal United States law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of New Hanover County in the State of North Carolina.
SHIPPING & DELIVERY POLICY
NCGFA is committed to delivering your order with quality packaging. To ensure that your order reaches you in good condition, in the shortest span of time, we ship through UPS within the contiguous 48 US states. Residents of Hawaii, Alaska, and US Territories should call for special shipping arrangements.
What does the Delivery Charge include?
The shipping charge is specified separately for every work of art or other product sold by NCGFA. The flat rate shipping and delivery charge includes packaging, shipping, and insurance. Taxes are listed separately. Our prices are all-inclusive (packing, handling, shipping, and insurance) except for taxes. All taxes are included with the deposit and final payment if applicable in your region.
How long does it take for an order to arrive?
The artwork or product will be shipped to the customer once all necessary documentation, pertaining to transportation, address and the payment has been paid in full including all relevant additional charges. Once we receive the payment, we take up to 5 working days to ship the artwork. Most orders are delivered within 8 to 10 working days. Delivery of all orders will be shipped to the credit card billing address as listed by you. We do not ship to PO Boxes. We do not guarantee any time limit of delivery. In odd instances, a shipment may be delayed due to extraneous circumstances such as, flight delays, remote locations, strikes, force majuere and etc.
What if the shipped Work of Art or Product is received in a damaged condition?
You will be required to sign for the package and if you discover damage on the artwork, please notify us immediately. Please call us at 910-800-0951 or email us at [email protected] mentioning your Order ID.
Do I need to sign for my package upon delivery?
Yes, all shipped packages must be accepted and signed for upon delivery. Due to the valuable nature of artwork, our package should not be left unattended.
How are taxes and duties calculated on my purchase?
All shipping costs will be added to your order upon final payment and checkout. Taxes will be charged on the deposit and final payment if required by your location.
Affirmation and Agreement:
By checking the box, the Buyer affirms in good faith their acknowledgment and understanding to the aforementioned terms and the desire to move forward with said Agreement and its enforcement.