- Customer’s Terms and Conditions
The Contract to purchase Artwork shall between you and June Towill Brown Sculptures. These Terms and Conditions shall apply to the Contract entered into between you and June Towill Brown.
Order
- We shall accept your order by email confirmation. Our email shall confirm the details of your purchase and tell you when the Artist shall ship your order.
Price and Payment
- The prices payable for the Artwork that you order are as set out in our website.
- Inasmuch as, this Artwork is “custom order”, and all sales are final. NO CASH REFUNDS.
- We accept the following methods of payment:
- Paypal
- The Artist will arrange delivery of your Artwork ordered to the address for delivery as stated in your order. It will be your responsibility to ensure that someone is present to accept the delivery.
Artwork
All descriptions and sizes of the Artwork marketed on this site are provided by the Artist, subject to slight variations in final stages of completion.
Liability
- If the Artwork delivered is not what you ordered or is damaged or defective, we shall have no liability to you unless you notify us in writing at our contact address with the problem within fourteen days of the delivery of the goods in question.
If the Artwork is damaged or defective then you must return the Artwork to the artist for inspection before we will agree to a replacement. Any returns must be made via UPS or FedEx and signature required.
- If shipment is made outside boundary of U.S.A., you must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain types of our Artwork to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Artwork you purchase.
Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact email address at June@JuneTowillBrown.com and all notices from Artist to you will be sent via email to the email address you provide.
Events beyond our Control
We shall have no liability to you for any failure to deliver Artwork you have ordered or for any damage or defect to Artwork delivered that is caused by any event or circumstance beyond our reasonable control.
Invalidity
If any part of these terms and conditions are legally unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
Conditions of Website Use
Your permission to use this website is personal to you and non-transferable. Your use of the site is conditional upon your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:-
- Use the site for any fraudulent or any unlawful purpose.
- Use the site to defame, abuse, or otherwise violate the rights of others, including without limitation of this privacy rights or rights of publicity.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the site; or express or imply that we endorse any statement that you make
- Interfere with or disrupt the operation of site or the servers or networks used to make the site available; or violate any requirements, procedures, policies or regulations of such networks.
- Transmit or otherwise make available in connection with the site any virus, worm, trojan horse or other computer code that is harmful or invasive or intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment.
- Reproduce, duplicate copy, sell, re-sell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the site.
- Remove any copyright, trademark or other proprietary rights notice from the site or materials originating from the site.
- Frame or mirror any part of the site without our express prior written consent.
- Create a database by systematically downloading and storing site content.
- Corrupt data, cause annoyance to other uses, infringe upon the rights of any other persons proprietary rights or send any un-solicited (without full notification and permission from June Towill Brown Sculptures) advertising or promotional material through this website.
We may block any links to or from the site. Additionally, we may provide tools to allow you to link directly from a third party site; if you do link the site (whether using such tools or otherwise) you agree that you will disable and remove any such link promptly upon our request. We reserve the right to require you to immediately remove any link to the site at any time and you shall immediately comply with any request by us to remove any such links.
We will use reasonable efforts to ensure that the site is available at all times. However, we cannot guarantee that the site or any individual or functional feature of the site will always be available and/or error free. In particular, the site maybe unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the site. We will not be liable if for any reason the site is unavailable for any period of time.
We provide the site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the site. To the maximum extent permitted by law, we expressly exclude:-
- All conditions, warranties and other terms that might otherwise be implied by law and to these terms of use and
- Any and all liability to you, whether arising under these Terms and Conditions or otherwise in connection with your use of the site.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, in claims of third parties. Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to exclude or limit any liability which may not by law be excluded or limited, and in particular none of these exclusions and limitations in this clause are intended to limit any statutory rights which may be excluded, nor in any way to exclude or limit (site only) liability to you for death or personal injury resulting from our negligence or that other employees or agents.
Disclaimer
You agree to indemnify, defend and hold harmless June Towill Brown Sculptures, its employees, consultants, agents affiliates, from any customer, liability, damages and all costs (including but not limited to legal fees) arising from your use of this website or your breach of these terms and conditions.
June Towill Brown Sculptures may contain links to other websites that are not owned or operated by June Towill Brown Sculptures. We hold no responsibility for the content and any loss or damage that may arise from the use of these linked websites. June Towill Brown Sculptures does not warrant as to the accuracy or reliability of any linked website.
Variation of Terms and Conditions
We reserve the right to change the terms and conditions from time to time and post a new version on our website. The new version will take effect from the time of posting on the site.
Governing law
The contract between us shall be governed by and interpreted in accordance with U.S.A. Law and the U.S.A courts shall have jurisdiction to resolve any disputes between the parties.
Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Artwork to you.