Privacy Policy Terms and Conditions

Buyer Terms and Conditions 2016

Terms and Conditions of Sale

www.alzheimersfundraiserart.com/ (“We”) Angela Manning acts as agent for Alan Manning (deceased). We do not act as Principal in any capacity whatsoever.  This means that we only collect proceeds on behalf of the alzheimersfundraiserart.com website, sale of art or donations . As a fundraiser for alzheimersfundraiserart.com and thanks to the generosity of the artwork of Alan Manning, we will donate 100% of all sales of Alan Manning’s artwork less shipping and tax to benefit Alzheimer’s research, care and support. .

First Paid, First Sold basis (No Reservations Policy)

Buyers should be aware that no items can be reserved. All items marked for sale are available to buyers on a First Paid First Sold basis, at the full catalog price and payable by debit or credit card. Visa, Mastercard, Discover, American Express and PayPal are accepted. We regret, checks are NOT accepted unless by specific arrangement with Angela Manning.

Payment and Confirmation

Once payment and confirmation has been made, you will receive a confirmation email that payment has been made. Your framed or unframed art will be professionally shipped including $100 or $50 insurance based on weather Framed or Unframed. A shipping tracking number and estimated shipping date will be emailed to you.

On your credit card or Paypal statement it will show ALZHEIMERSF.

All Sales and Deposits are receipted on a strictly non-refundable basis

Collection of Purchases

Once a purchase has been made and shipped, there shall be no refund, unless the item has been received damaged. If an item has been received damaged you must file a claim with ups or usps. The maximum allowed insurance is $100.00 or $50 depending on weather you purchased framed or unframed artwork and you must ship the damaged artwork back to the seller (alzheimersfundraiserart) if required. We do not pay for return shipping.

Tax

If your purchase shipping or billing address is located in the State of Florida a 6% Tax will be collected.

SHIPMENT; DELIVERY; RISK OF LOSS

Title to and risk of loss of the Products shall pass to Buyer as soon as the Products are delivered by Seller to the carrier. Each shipment date is approximate, and Seller shall not be responsible for any damages of any kind resulting from any delay in shipment or delivery of any Products. Buyer shall be responsible for all shipping, delivering, handling, storage and insurance charges, such charges to be added to the final checkout.

WARRANTY

Seller warrants that the Product is an original work of art of the named artist signed and/or embellished by artist and is sold “as is” and in substantial compliance with the quality and condition portrayed on Seller’s website. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR OTHERWISE, ON THE PRODUCTS, OR ON ANY PARTS OR LABOR FURNISHED DURING THE SALE, DELIVERY, INSTALLATION, OR SERVICING OF THE PRODUCTS. Identical images  published using different media, e.g. an original drawing, image on this website etc., may have very different parameters, including, but not limited to color, brightness, lightness, hue, and therefore may look very different. This is attributable to the  differences between types of media, consequently alzheimersfundraiserart.com is not responsible for any variance in images.

CLAIMS; COMMENCEMENT OF ACTIONS

Buyer shall promptly inspect all Products upon delivery to identify any damage resulting from shipment. Buyer agrees that any damages, and resulting claims, arising from shipment shall be satisfied solely through the insurance policy (the “Insurance”) issued by the insurance carrier covering the Product shipment, and Seller shall not be liable for any claims or damages not covered by Insurance.  All claims pertaining to damage from shipment must be asserted in writing within ten (10) days after delivery of such Product or such claims are waived in perpetuity. Any lawsuit or other action by Buyer based upon breach of this contract or upon any other claim arising out of this sale must be commenced within thirty (30) days from the tender of delivery by Seller.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR AS THE RESULT OF THE SALE, DELIVERY, NON-DELIVERY, INSTALLATION, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER’S WRITTEN CONSENT, EVEN THOUGH SELLER HAS BEEN NEGLIGENT. IN NO EVENT SHALL SELLER’S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED.

 

CANCELLATIONS

After acceptance by Seller, an order shall not be subject to cancellation by Buyer except with Seller’s advance written consent and upon terms that will indemnify Seller against all direct, incidental and consequential loss or damage including, but not limited to, the losses, damages and expenses described in Section SHIPMENT; DELIVERY; RISK OF LOSS above.

LIMITATION OF ASSIGNMENT

Neither party may assign any of its rights or obligations here under without the prior written consent of the other, except that Seller shall have the right to assign them to any company with which it is affiliated or to any corporation into which it shall be merged, with which it shall be consolidated, or by which it, or all or substantially all of its assets, shall be acquired or any other company resulting from a reorganization of Seller or its business segments.

ENTIRE AGREEMENT

This document contains the entire agreement between Seller and Buyer and constitutes the final, complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral communications, agreements, forms or negotiations with respect to the subject matter hereof and replaces the same in its entirety. By way of illustration and not limitation, Buyer’s order shall be deemed to incorporate, without exception, all terms and conditions hereof notwithstanding any order form of Buyer containing additional or contrary terms or conditions, unless Buyer shall have expressly advised Seller to the contrary in a writing apart from such order form, and no acknowledgement by Seller of an order by Buyer shall be deemed to be an acceptance by Seller of any such additional or contrary terms or condition. Any acknowledgement by Seller of any order by Buyer is expressly conditional on Buyer assenting to, or otherwise being bound by, any terms or conditions hereof which are in addition or contrary to the terms and conditions of Buyer’s order form. No additional or contrary terms or conditions or modifications may be made to the terms and conditions contained herein except by a written instrument signed by one of Seller’s officers. Steno-graphical and clerical errors are subject to correction by Seller.

GOVERNING LAW

This document and the sale of all Products shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A. Whenever there is a conflict of laws, the substantive laws of the State of Florida, U.S.A. shall prevail.  The parties agree that all disputes shall be filed solely in the court of competent jurisdiction located in State of Florida, U.S.A.

Questions should be directed using our CONTACT FORM.

Privacy Policy

Your privacy is critically important to us. We have a few fundamental principles:

  • We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.

Website Visitors

Like most website operators, Alzheimersfundraiserart.com collects information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Alzheimersfundraiserart.com’s purpose in collecting non-personally identifying information is to better understand how Alzheimersfundraiserart.com’s visitors use its website.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
– Making all arrangements necessary for you to have access to the Website.
– Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

Gathering of Information

Certain visitors to Alzheimersfundraiserart.com’s websites choose to interact with Alzheimersfundraiserart.com in ways that require Alzheimersfundraiserart.com to gather information. The amount and type of information that Alzheimersfundraiserart.com gathers depends on the nature of the interaction. Those who engage in transactions with Alzheimersfundraiserart.com – by purchasing art via PayPal for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Alzheimersfundraiserart.com collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Alzheimersfundraiserart.com. Alzheimersfundraiserart.com does not disclose information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Protection of Certain Information

Alzheimersfundraiserart.com discloses information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Alzheimersfundraiserart.com’s behalf or to provide services available at Alzheimersfundraiserart.com’s websites, and (ii) that have agreed not to disclose it to others. Alzheimersfundraiserart.com will not rent or sell your information to anyone. Alzheimersfundraiserart.com discloses information only in response to a subpoena, court order or other governmental request, or when Alzheimersfundraiserart.com believes in good faith that disclosure is reasonably necessary to protect the property or rights of Alzheimersfundraiserart.com, third parties or the public at large. If you are a registered user of an Alzheimersfundraiserart.com website and have supplied your email address, Alzheimersfundraiserart.com may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Alzheimersfundraiserart.com and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Alzheimersfundraiserart.com takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of your information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Alzheimersfundraiserart.com uses cookies to help Alzheimersfundraiserart.com identify and track visitors, their usage of Alzheimersfundraiserart.com website, and their website access preferences. Alzheimersfundraiserart.com visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Alzheimersfundraiserart.com’s websites, with the drawback that certain features of Alzheimersfundraiserart.com’s websites may not function properly without the aid of cookies.

Ads or Outside Links

Ads or outside links appearing on this website may be delivered to users by advertising partners or organizations, who may set cookies. These cookies allow the ad or organization server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Alzheimersfundraiserart.com and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Alzheimersfundraiserart.com may change its Privacy Policy from time to time, and in Alzheimersfundraiserart.com’s sole discretion. Alzheimersfundraiserart.com encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Website Misc.

Indemnification

You agree to defend, indemnify and hold harmless alzheimersfundraiserart.com, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, Pinellas County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by alzheimersfundraiserart.com of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of alzheimersfundraiserart.com to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.