TERMS AND CONDITIONS OF SALE

In these terms, “we”, “us” or “our” refers to The San Diego Watercolor Society. The online Sales Gallery on the SDWS website is operated by SDWS and we are the supplier of the artworks listed on that page only.

This page (together with the documents referred to in it), tells you information about us and the legal terms and conditions (Terms) on which we sell any Artworks to you.

Please read these Terms carefully and make sure that you understand them, before ordering any Artwork from the site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Artwork from the site.

You should print a copy of these Terms or save them to your computer for future reference.

These Terms may be amended from time to time as set out in clause 5. Every time you wish to order an Artwork, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were first issued on the 1st of August 2017.

These Terms are only in the English language.

1. INFORMATION ABOUT US

1.1 We are the supplier of the Artwork listed on Sales Gallery page on www.sdws.org. 1.2 Contacting us:

(a) If you wish to contact us for any reason, including because you have any complaints, you can contact SDWS by emailing us at support@sdws.org or calling 619-876-4550.

(b) If we have to contact you or give you notice in writing, we will do so by PHONE, email or by pre-paid post to the address you provide to us in your order.

2. OUR ARTWORKS

2.1 The images of the Artworks shown on the SDWS web site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the Artwork. Your Artwork may vary slightly from those images.

2.2 We warrant that the Artwork is an original work of art of the named artist.

3. HOW YOUR PERSONAL INFORMATION WILL BE USED

3.1 Your personal information will only be used in accordance with SDWS’ Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

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4. CONSUMER RESTRICTIONS

4.1 You may only purchase an Artwork from our site if you are at least 18 years old.

5. OUR RIGHT TO VARY THESE TERMS

5.1 These Terms may be amended from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

5.2 Every time you order an Artwork from us, the Terms in force at the time of your order will apply.

5.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements;
(b) changes in how payment is accepted; and

(c) changes in our Return and Refund Policy (clause 6)

5.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the sale if you are not happy with the changes. If you opt to cancel, you will have to return (at our cost) any relevant Artwork(s) you have already received, and we will arrange a full refund of the price you have paid, including any delivery charges.

6. ARTWORK RETURN AND REFUND POLICY

6.1 From the time you receive your original artwork from our couriers, you have seven (7) days to decide whether to keep the work or return the artwork in its original condition for a refund.

6.2 We also require all returned artwork to be shipped out by the buyer within three (3) days after confirming with us that the work will be returned. So, if you receive artwork you’ve purchased from SDWS and are not fully satisfied, you have:

  1. Seven (7) days to contact us about your intent to return the work

  2. Three (3) days from the day you contacted us to ship out the artwork. ***Do not ship

    the artwork before contacting us; you must first contact us.***

6.3 If you do not notify us of your intent to return the work within 7 days of receipt or you do not ship the work within 3 days of notifying us, you will NOT be eligible for a refund. (Some exceptions will apply. Please contact us for an assessment of your specific situation.)

7. DELIVERY AND RISK OF LOSS

7.1 We will provide you with an estimated delivery date by email or phone. Delivery usually takes place within 7-10 business days, although this cannot be guaranteed. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 11 for our responsibilities when this happens.

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7.2 Title to and risk of loss of the Artwork shall pass to Buyer as soon as the Artwork is delivered by us to the carrier. Each shipment date is approximate, and we shall not be responsible for any damages of any kind resulting from any delay in shipment or delivery of any Artwork. Buyer shall be responsible for all shipping and insurance charges, such charges to be added to the final invoice or reimbursed by Buyer to SDWS upon SDWS’ payment of such charges.

8. PRICE OF ARTWORKS AND DELIVERY CHARGES

8.1 The prices of the Artworks will be as quoted on the site at the time you submit your order. All reasonable care is taken to ensure that the prices of Artworks are correct at the time when the relevant information was entered onto the system.

8.2 Buyer shall be solely responsible for any state, local, or federal sales tax.

8.3 The price of an Artwork does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

9. HOW TO PAY

9.1 You can pay for an Artwork via www.sdws.org using Paypal or a credit card. 9.2 Payment for the Artwork and all applicable delivery charges is in advance. 10. OUR LIABILITY

10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach, or if it was contemplated by you and us at the time we entered into this contract.

10.2 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;

11. EVENTS OUTSIDE OUR CONTROL

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.

11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or

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not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

11.3 If an Event Outside Our Control takes place that affects the performance of our obligations: (a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of an Artwork to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

11.4 You may cancel a sale affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. We will refund the price you have paid, including any delivery charges.

12. COMMUNICATIONS BETWEEN US

12.1 When we refer, in these Terms, to "in writing", this will include email. 12.2 You may contact us as described in clause 1.3.
13. OTHER IMPORTANT TERMS

13.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.3 These Terms are governed by California law.

 

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