Terms and Conditions

 

Website Ownership and Use

 

This website is owned and operated by Jeffrey Abt (me). These Terms set forth the terms and conditions under which you may use the website and services offered. The website is designed primarily to offer information about my work and secondarily a way to purchase certain artworks created by me. (Books featured on this website are available through booksellers and publishers via links provided with each book.) By accessing or using this website, you approve that you have read, understood, and agree to be bound by these Terms.

 

In order to use my website you may be of any age; however, to purchase works of art, you must be at least eighteen years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.

 

Purchases

 

When buying a work of art, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase the work when you commit to buy it and you complete the check-out payment process.

The prices I charge for artworks available for purchase are listed on the website. Prices include shipping and handling. I reserve the right to change the prices for such artworks at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The cost of any artwork and any other charges you may incur in connection with the purchase of an artwork, such as taxes (when applicable) and possible transaction fees, will be charged on a monthly basis to your payment method.

 

Returns and Refunds

 

For any undamaged artwork, simply return it in the packing case used to send it to you, via FedEx (Federal Express) and insured for the purchase price, and I will—as per your instructions—either exchange the artwork for another of equal value or refund the purchase price via your original payment method.

 

Warranty

 

The materials and techniques of artworks and their framing (when provided), are guaranteed in perpetuity when displayed under normal conditions. They can, however, be damaged by excessive exposure to direct sunlight, moisture, and extremes of heat and cold. This warranty does not apply to artworks that have been dropped, stepped on, subjected to floods, or other extreme conditions. Glass on framed works is not covered by this guarantee. When I receive a valid warranty claim for an artwork purchased from me, I will either repair the relevant defect, replace the artwork with a like piece, or provide a full refund upon the prior authorized return of the artwork to me in its original case and agreed-upon shipping method. The customer will be responsible for return shipment of the product to me at the customer’s expense and I will pay for shipment of repaired or replaced artwork to the customer.

 

Intellectual Property and Copyrights

 

The artworks reproduced herein, or transferred via purchase, and all Intellectual Property Rights related thereto, are the exclusive property of Jeffrey Abt. Nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derivative works thereof.

 

Please note that when purchasing an artwork from me, the buyer acquires the physical object only, and the Intellectual Property Rights, including Copyright, remain with me or my successors. Should the owner of an artwork created by Jeffrey Abt subsequently need to provide a reproduction of said artwork for insurance purposes; use by a scholar, curator, or art critic; or publication in an exhibition catalogue or for exhibit-related public relations purposes, the owner or the owner’s agent may request formal written permission for such uses via the Contact form on this website.

 

Indemnification and Limitation of Liability

 

You agree to indemnify and hold Jeffrey Abt harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against him by any third party due to, or arising out of, or in connection with your use of the website or any artwork offered on the website.

 

To the maximum extent permitted by applicable law, in no event shall Jeffrey Abt be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this website.

To the maximum extent permitted by applicable law, Jeffrey Abt assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of this website; and (iii) any unauthorized access to or use of my secure servers and/or any and all personal information stored therein.

 

Privacy

 

I receive and temporarily store any information entered on my website via the Contact form (in order to respond, for example, to information requests) or via the purchase form (to complete transactions). Regarding purchases, when a user conducts a transaction on this website, as part of the process, I collect personal information provided such as the user’s name, delivery address, and email address. Such personal information will only be used to complete the purchase transaction.

 

Please note, however, that this website is hosted on the Wix.com platform. Wix.com also provides the online service that allows me to sell my artwork. When purchasing an artwork, users’ data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. It stores such data on secure servers behind a firewall.  

 

All direct payment gateways offered by Wix.com and used by me adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information submitted through this website.

 

Right to Change and Modify Terms

 

I reserve the right to modify these terms from time to time at my sole discretion. Therefore, you may want to review this page periodically. Your continued use of the Website or its purchase features after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the purchase features.

 

Preference of Law and Dispute Resolution

 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Michigan without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Oakland County, Michigan. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

User Support and Inquiries

 

Users seeking website or purchase assistance, or those with more general inquiries, should use the Contact form on this website.

 

Effective 20 May 2022