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Agreement (it's long, grab a seat):
Sorry to be a little formal here, but one day this may be necessary for everyone's benefit. If further information or clarification is required, or if something concerns you, please contact me to discuss: 303.359.1310.
As "The Artist" I, Tonia Zambrano, agree to supply one or more original oil paintings, photographs, fine art prints and/or other sculpture/art pieces created by me, hereinafter referred to as "Goods" to a private purchaser, collector, gallery, company, agent or other legal entity, hereinafter referred to as "The Buyer" solely on the basis of the following Terms & Conditions of sale, which shall constitute the entire agreement between me, The Artist and you The Buyer.
In accepting to proceed with a purchase, The Buyer confirms that you are fully aware of and will abide by all conditions as defined within these Terms and Conditions.
Buyer also agrees that any subsequent re-sale of Goods shall be made contingent to these same copyright Terms and Conditions and the subsequent Buyer shall be made aware of and shall agree to be bound by them accordingly.
Any artwork purchased is copyrighted by Tonia Zambrano, The Artist. The sale of such copyrighted work or reproduction does not include the sale of rights of reproduction in any form. Ownership of Goods does include any right to reproduce it in any form, in whole or in part. It is also the normal Industry practice and US and International Copyright Laws for such copyright to remain with The Artist. No reproduction rights whatsoever are imparted with the sale of Goods and the copyright of all artwork and images will remain with The Artist, Tonia Zambrano, unless specifically agreed to in writing by Tonia Zambrano. All re-sales of the artwork are subject to the same copyright restrictions.
Ownership of Goods remains with Tonia Zambrano until the receipt and confirmation of payment in full by Tonia Zambrano, regardless of the method of transfer of funds, whereupon it passes to Buyer.
Notwithstanding the above, the risk in Goods passes to Buyer only upon receipt of delivery.
Taxes and other duties:
With the exception of artworks sold and delivered to a Colorado residence, no taxes will be charged. However, for sales in other countries, import duties and/or Customs duties imposed within non USA destinations are the Buyer's responsibility.
Shipping and Insurance:
All works will be shipped insured to the amount of the purchase price, or value, whichever is higher. All Goods are fully insured by Tonia Zambrano against damage or loss while in the possession of Tonia Zambrano and during shipment to Buyer.
Unless stated otherwise, Goods will be dispatched within seven to ten working days of payment in full receipt and Buyer will be simultaneously notified of dispatch along with the courier's tracking details and an expected date of delivery. All risks remain with Tonia Zambrano until Goods are delivered.
Notwithstanding the above, Tonia Zambrano will accept no responsibility in respect of non-delivery, or damaged delivery, of Goods, unless Buyer notifies Tonia Zambrano and the relevant carrier within seven days of the expected delivery time advised in the notice of dispatch.
Export / import restrictions:
It is Buyer's responsibility to determine any import restrictions that may apply within the destination country, relevant to the specific Goods being ordered, before placing an order. Tonia Zambrano cannot accept any responsibility whatsoever for Goods confiscated within country of delivery and not returned intact to Tonia Zambrano.
Goods must be fully inspected immediately upon delivery and any loss or damage noted on the carrier's delivery documents at the time of signing for Goods.
If packing is damaged upon delivery, Buyer should take photographs of the damaged packaging. If Goods are damaged upon unpacking, Buyer should take photographs of the damage.
If Goods are accepted without inspection, this must be stated on the carrier's delivery documents at the time of signing for Goods, though carrier then has no further responsibility for damage or loss.
Buyer must notify Tonia Zambrano and the carrier of any loss or damage to Goods in writing immediately, but no longer than three days of receipt of damaged Goods. Upon receipt of insurance claim, Tonia Zambrano will either remedy all damages without cost to the Buyer, provide alternative replacement Goods with a credit refund or payment if the value differs from that of the original, or credit Buyer in full, excluding crating and shipping costs, entirely at Buyer's discretion.
Tonia Zambrano will repair, replace or give credit, at the sole discretion of Tonia Zambrano, for all Goods which are defective in design, workmanship or material within one year following receipt of Goods by Buyer.
For original Artwork (non-custom ordered pieces): If Buyer is not entirely satisfied with the artwork, he/she may return Goods for a full refund (less any shipment and crating costs) within 7 (seven) days of receipt. However the liability for the value of Goods remains with Buyer until Tonia Zambrano signs for receipt of the returned Goods, and confirms Goods are in original condition. Original Artwork is returnable as long as there has not been any damage or changes to the artwork, and it is returned in original condition in the original shipping container. Please note: Any changes or damage to an item by the customer voids the return policy.
Reproductions and custom Goods are made to order and therefore are not returnable. This includes down payments and any other fees paid at the beginning of the ordering process.
Any information given to me by Buyers or potential Buyers in the course of enquiry or purchase will remain strictly confidential and will be used by Tonia Zambrano to facilitate the completion of your purchase and for future mailings from only the Artist Tonia Zambrano, and her affiliates (Free Range Human). And of course you can opt out at any time. We will not subsequently share or disclose information to any third party except in response to legitimate demands from law enforcement or other Government agencies, as required by law.
Website Content Copyright:
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tonia Zambrano or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tonia Zambrano and protected by U.S. and international copyright laws.
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