By visiting fidelizart.com, you are consenting to our Terms & Conditions.
The terms “we”, “us”, “our”, and “fidelizart” refer to Wafa Al-ahdali. The terms “website” and “site” refer to fidelizart.com. The terms “user”, “you”, and “your” refer to site visitors, customers, and any other users of the site.
This site provides a place where customers may purchase artwork, art services and technical supplies.
Use of fidelizart.co, including all materials presented herein and all online services provided by fidelizart, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the site and/or ordering a product or service from the site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
We do not collect personally identifiable data unless it is inputted by you, the user. However, we do collect impersonal details about your visit including (but not limited to) the pages you view, how long you view them, where you click and cursor movement, in what country your IP is located, how you got to our site in the first place, and, in some cases, retain video of your movement around our site. This data is not linked to your name, email address, or other specific identifying information. This data may be collected using cookies. This data may be kept in perpetuity.
Should you submit personally identifiable data to us through a form or a comment on our site, such information will not be accessible by third parties unless otherwise indicated on that particular form. In any instance where this is not disclosed, your information will not be accessible to a third party, but will pass through one or more third-party tools such as ConvertKit, WordPress, PayPal, or WooCommerce. These third-party tools will not access your personal information, but merely store it for our use. If you submit your email address to this site, you may be added to our email database and may receive advertising messages in the future. You may unsubscribe using the link at the bottom of every email or by contacting us and requesting to be manually removed. This information may be kept in perpetuity.
Should you make a purchase through this site, your credit card information will not be retained after the payment has drafted. Your address, phone number, name, or other non-financial information submitted to us will be kept in perpetuity.
You may ask us, in writing by email using our contact page, to remove your information from our systems and databases and we will do so within seven days of receiving your request.
RETURN AND EXCHANGE POLICY
We want you to be absolutely happy with your purchase. If the painting or print does not work out as you had hoped, all are 100% guaranteed by the following return and exchange policy.
Within 7 days from the date of delivery: we are happy to accept the return of your undamaged painting.
Within 14 days from the date of delivery: we are happy to accept an exchange of your undamaged painting for a different painting of a similar size. Buyer agrees to pay any price difference.
Buyer is responsible for return shipping.
All returned or exchanged paintings must arrive undamaged.
By purchasing you agree to these policies.
Within 30 days of the order date: all prints can be returned under FineArtAmerica’s (the printer) return policy. You can return the purchase to them within 30 days of the order date. The printer will then reimburse me and I will reimburse you. The process may take up to 5 days.
We will not reimburse the outgoing or return shipping charges unless the return is due to a defect in quality.
In the unlikely event that your order is damaged during shipping you will receive a full refund or replacement. Take photos of the damaged packaging and contact us within 24 hours so we can initiate a claim with the carrier. Keep all of the original packaging for the shipper’s inspection.
TERMS & CONDITIONS
USE OF THE SITE
To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the site.
We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.
You may use the site for lawful purposes only. You must not, in the use of the site, violate any laws in your jurisdiction. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to use the site and to purchase services or products through the site for legitimate purposes only.
You shall not post or transmit through the site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
PRODUCT AND SERVICE DESCRIPTIONS
We endeavor to describe and display the services and products as accurately as possible. While we try to be clear, please do not accept that the site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
We do not claim ownership of Material you supply to laynejohnson.com. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Layne Johnson to use and distribute the posted Material in connection with the site and any related Layne Johnson publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the site. By submitting Materials to us, you agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
All content provided on this site, including all images, products and service, are the intellectual property of Layne Johnson Studio. The content of the site is protected by United States trademark, trade dress, and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of this website, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the site. We reserve the right to immediately remove your access to the site, including any products or services offered through the site, without refund, or take legal action if you are caught violating this intellectual property policy.
We have the right to use the information users post on the site, including but not limited to blog comments, in other areas on the website and as advertising in print and online. Furthermore, all content posted by users of the site is posted at the liability of the user. If content posted is infringing on copyright, we must be informed, in writing, and given 3 days to remove the infringing content from this website.
Users of this site are responsible for their own online security. Layne Johnson Studio in no way claims responsibility for breaches of security including, but not limited to, compromised credit cards, compromised account information, trojan horses, viruses, malware, or any other form of malicious digital attack.
Users of this site may not take legal action against Layne Johnson Studio outside of the state of Texas, United States of America. By using this website, users also give warranty that they will refrain from taking illegal action while using this site.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the site by you after being notified means you accept these amendments. We reserve the right to update any portion of our site, including these Terms and Conditions at any time. We will post the most recent version to the site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, we are not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if we have been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the product or service you have purchased from Layne Johnson Studio, and if no purchase has been made by you our cumulative liability to you shall not exceed $100.
THIRD PARTY RESOURCE
The site contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Layne Johnson Studio. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Layne Johnson Studio shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Layne Johnson Studio.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Layne Johnson Studio
4088 FM 2423
Grapeland, Texas 75844
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Houston County, Texas. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
If there are any questions regarding any of our policies, you may contact us using the information below:
Layne Johnson Studio
4088 FM 2423
Grapeland, Texas 75844
UPDATED: July 2018