PETRY FINE ART, LLC

Terms and Conditions

Effective as of August 1, 2024.

Agreement between User and https://petryfineart.com

Welcome to https://petryfineart.com.  The https://petryfineart.com website (the “Site”) is comprised of various web pages operated by Petry Fine Art, LLC (“Petry Fine Art”).  https://petryfineart.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).  Your use of https://petryfineart.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://petryfineart.com is an E-Commerce and Artist Portfolio Site.  https://petryfineart.com is built to market Joseph Petry’s artwork to new audiences, build a following and sell artwork.

Privacy

Your use of https://petryfineart.com is subject to Petry Fine Art’s Privacy Policy.  Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://petryfineart.com or sending emails to Petry Fine Art constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  You may not assign or otherwise transfer your account to any other person or entity.  You acknowledge that Petry Fine Art is not responsible for third-party access to your account that results from theft or misappropriation of your account.  Petry Fine Art and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Children Under Thirteen

Petry Fine Art does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.  If you are under 18, you may use https://petryfineart.com only with the permission of a parent or guardian.

Return Policy

We offer a 14-day money-back guarantee for all artwork that contains no damages or alternations with no questions asked when you buy online through https://petryfineart.com.  However, if you buy from one of our gallery sites or at an art festival, you buy the work “as is”.

The buyer is liable for the cost of the return shipping to Petry Fine Art.  Please contact sales@petryfineart.com if you have any questions.

Return Process

Please email us at sales@petryfineart.com and we will send you a return form containing a return address.  Please print this email and include it with the artwork when retiring your purchase.  We advise you to opt for a signature delivery, as we are not able to accept the responsibility for items that fail to reach us.

Once we receive your return, we will inspect the artwork to ensure no damages or alternations have been made to the work, then we will refund your purchase.

If you are not completely satisfied with your artwork, then please return the work within 14 days of receiving it.

    1. The cost of returning the item will be the responsibility of the buyer.  When returning the item, the buyer must ensure that the returned artwork is not lost or damaged in transit.  Therefore, we advise you to opt for a signature delivery service.  Such as FedEx, UPS, or the US Postal Service.  It can take up to seven (7) days for the item to reach its destination.
    2. We will not accept returns for artwork that has been damaged during the return shipping process.  If this is the case, the artwork will be returned to the customer at the customer’s expense.
    3. You must return the artwork within 14 days of your receipt of the artwork with both artwork and all packaging in their original condition, securely wrapped, including our delivery slip, and at your risk and expense.
    4. After Petry Fine Art has received the artwork, we will credit your original payment method with the full purchase price of the goods returned.

Order Cancellation

If you would like to cancel your order, please email us at sales@petryfineart.com as soon as possible to notify us that you wish to cancel your order.  If the order has already been processed, you will have to follow the standard return process described in the return process.

Links to Third-Party Sites/Third-Party Services

https://petryfineart.com may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of Petry Fine Art and Petry Fine Art is not responsible for the contents of updates to a Linked Site.  Petry Fine Art is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Petry Fine Art of the site or any association with its operators.

Certain services made available via https://petryfineart.com are delivered by third-party sites and organizations.  By using any product, service, or functionality originating from the https://petryfineart.com domain, you hereby acknowledge and consent that Petry Fine Art may share such information and data with any third party with whom Petry Fine Art has a contractual relationship to provide the requested product, service or functionality on behalf of https://petryfineart.com and users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://petryfineart.com strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to Petry Fine Art that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Petry Fine Art or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, from on the Site.  Petry Fine Art content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Petry Fine Art and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of Petry Fine Art or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated, and administered by Petry Fine Art from our offices in the USA.  If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the Petry Fine Art Content accessed through https://petryfineart.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Petry Fine Art, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Petry Fine Art reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Petry Fine Art in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.  The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.  In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator.  This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless both you and Petry Fine Art agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PETRY FINE ART, LLC, AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PETRY FINE ART, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  PETRY FINE ART, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PETRY FINE ART, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PETRY FINE ART, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Petry Fine Art reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.  To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Petry Fine Art as a result of this agreement or use of the Site.  Petry Fine Art’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Petry Fine Art’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Petry Fine Art with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Petry Fine Art with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Petry Fine Art with respect to the Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Petry Fine Art reserves the right, in its sole discretion to change the Terms under which https://petryfineart.com is offered.  The most current version of the Terms will supersede all previous versions.  Petry Fine Art encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Petry Fine Art welcomes your questions or comments regarding the Terms:

Petry Fine Art, LLC
109 Forest Drive
Mars, Pennsylvania 16046

Email Address: sales@petryfineart.com

Telephone number: 412-228-0452

 

Last Updated: August 01, 2024