Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Wells Fine Art, LLC. The collective work includes works that are licensed to Wells Fine Art, LLC. Copyright 2003, Wells Fine Art, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Wells Fine Art, LLC or purchasing Wells Fine Art, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Wells Fine Art, LLC or to purchase Wells Fine Art, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Wells Fine Art, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Copyrights on all paintings sold by Wells Fine Art, LLC are reserved by the original artist. Reproductions of any kind are prohibited unless written
consent is provided by the artist.
Trademarks
All trademarks, service marks and trade names of Wells Fine Art, LLC used in the site are trademarks or registered trademarks of Wells Fine Art, LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Wells Fine Art, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Wells Fine Art, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Wells Fine Art, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Return Policy
We cannot offer refunds or exchanges. All sales are final. We cannot accept returns. Your shipment will be insured. Â Please examine your order the day you
receive it. If your order is damaged in shipping, please e-mail us at
contact@wellsmaritime.com within 3 BUSINESS DAYS AFTER DELIVERY. In the event that the purchased item is damaged during the shipping
process, we will pay the shipping cost, send you a return shipping label
and give you a full refund. Returned items must be packaged well and with the original packaging in order to be considered a valid return.
If your order is lost in shipping, please e-mail us at contact@wellsmaritime.com WITHIN 10
BUSINESS DAYS AFTER your payment was made. Â We will return to you the
entire amount you paid.
Limitation of Liability
Wells Fine Art, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Wells Fine Art, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Wells Fine Art, LLC product is mistakenly listed at an incorrect price, Wells Fine Art, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Wells Fine Art, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Wells Fine Art, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Wells Fine Art, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Wells Fine Art, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Wells Fine Art, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Wells Fine Art, LLC products) shall be in the state or federal courts located in Essex County, Massachusetts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Wells Fine Art, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Wells Fine Art, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Wells Fine Art, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Wells Fine Art, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Wells Fine Art, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Wells Fine Art, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Wells Fine Art, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Wells Fine Art, LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Wells Fine Art, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Wells Fine Art, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Wells Fine Art, LLC, Wells Fine Art, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Wells Fine Art, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Wells Fine Art, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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