Purchase Agreement
NOTICE
Welcome to Miranda Thomas Fine Art. I’m honored you appreciate my art and thanks for supporting me.
Please review carefully, the following Purchase Agreement (“Agreement”) between you (“Buyer”) and Miranda Thomas (“Artist”), who owns/operates www.MirandaThomasFineArt.com (“Site.”)
The Agreement is an electronic purchase agreement that sets out the binding Terms for Buyer rights and responsibilities (“Terms”), in regard to the purchase of goods and/or services (“Products”) via the Site, whether as a guest or a registered user.
If you agree to the Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to the Terms. Artist reserves the right to update the Terms at any time. Please review the Terms carefully, each time you purchase.
If Buyer does not agree to the Terms, or is not authorized to enter the Agreement, or does not have the legal capacity to enter into the Agreement, Buyer is prohibited from purchasing a Product.
1. INTRODUCTION
Buyer agrees, by accessing or using the Site, or any information or Products available via the Site, to be bound to the Terms outlined in the Agreement. Buyer agrees to be responsible for compliance with all applicable local laws, taxes, fees, and/or exchange rates at the time Buyer purchases a Product via the Site.
2. ACCOUNT AND PAYMENT
Buyer represents and warrants that: (i) the credit card information or account supplied to the payment gateway (PayPal, Stripe, Square, ApplePay, etc) is true, correct and complete, (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company or through the Buyer’s payment gateway account, and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes.
2.1 FOR PURCHASES REQUIRING SITE PASSWORD
Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Artist within 24 hours of any breach of the Agreement or unauthorized use of the password. Artist does not protect Buyer from unauthorized use of Buyer’s password.
3. COMPENSATION AND CURRENCY
Buyer agrees to pay purchase price of artwork for compensation to Artist. All references to currency in the Agreement shall refer to the lawful currency of the United States of America, USD ($).
4. COPYRIGHT
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site and its Products are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to Intellectual Property) rights, and, the copying, alteration, redistribution, use and/or publication by a Buyer of any such content, any part of the Site, and its Products is prohibited.
Note that sole copyright for purchased original artworks and prints are fully retained by Artist, Miranda E. Thomas. Any unauthorized reproduction, alteration, and/or distribution for commercial use is in violation of U.S. copyright law. Copyright DOES NOT transfer to Buyer after purchase of an original artwork or print. The Artist, Miranda E. Thomas, reserves the right to create printed reproductions of her original works for sale.
5. EDITING, DELETING, AND MODIFICATION
Artist reserves the right in her sole discretion to edit, delete, and modify any information or content appearing on the Site and to edit, modify, or remove any Products for sale. Artist may modify the Agreement or prices, and may discontinue or revise any or all aspects of the Site in her sole discretion, without prior notice. Modification of the Agreement will become effective upon publication on the Site and for transactions occurring after publication date.
6. RIGHT TO REFUSE
In her sole discretion, at any time, and without giving reason, Artist reserves the right to refuse: (a) access to the Site, and (b) the sale of any Product. Purchase of any Product is subject to availability.
7. INDEMNIFICATION
Buyer agrees to indemnify, defend and hold Artist and her affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of the Agreement or use of the Site and/or its Products.
8. NON-TRANSFERABLE
Buyer’s right to use the Site and its Products is not transferable and is subject to any limits established by Artist or by Buyer’s credit card company, bank account, or payment gateway account.
9. DISCLAIMER
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF ARTIST, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE BUYER FOR THE PARTICULAR ITEM(S) PURCHASED. ARTIST AND ANY ARTIST’S AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARTIST AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
Buyer understands clearly that by purchasing a Product from the Artist, Buyer releases and forever discharges Artist from claims, demands, actions, or causes of action arising or to arise from or connected with any and all Products provided by Artist, including any instructions, guiding, training, or representation connected with the same, which Buyer or Buyer’s heirs, executors, administrators, or assigns can, shall, or may have against Artist, including claims arising from the negligence of Artist. Buyer also acknowledges that he/she is strictly entering into the Agreement with the Artist, not its employees, managers, members, agents, successors, or assigns.
10. REFUND POLICY
This Section 10 sets forth Buyer’s sole and exclusive right to refund as follows:
10.1 FOR ELECTRONIC DOWNLOADS: Due to the nature of electronic download files, these Products are not eligible for refund. If a Product purchased is not to Buyer’s satisfaction, due to being unusable, Artist shall provide Buyer a usable file.
10.2 FOR PHYSICAL ORIGINAL ART WORK: If Buyer chooses to return the original art work, Buyer must notifiy Artist by email within ten (10) calendar days of delivery date, as well as properly package/ship artwork in original condition. Upon return to Artist, Buyer shall receive a refund of purchase price via the same payment gateway Buyer used for purchase. Buyer shall be responsbile for any payment gateway fees.
10.3 FOR ON-DEMAND PRINTS AND WEARABLE-ART: Due to on-demand prints and wearable-art being created especially for Buyer, Artist offers no exchanges nor accepts returns. However, if product incurs damage via shipping, Buyer may return damaged article and a replacement will be sent to Buyer upon Artist receiving said damaged product.
11. ELECTRONIC DATA DOWNLOAD & RECOVERY POLICY
Buyer shall be responsible to download purchased electronic files, in a timely manner. Although Artist plans to have all Products available for download, she reserves the right to remove a Product from storage on the servers, at any time and without prior notice. Artist bears no responsibilty of reminding customers to download files; and bears no responsibility for computer crashes, software defects, acts of nature, or any other scenarios or accidents that result in the loss of files. Artist recommends using an online backup service.
12. USE OF INFORMATION
Artist reserves the right, and Buyer authorizes Artist, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
13. GOVERNING LAW
The Agreement shall be treated as though it were executed and performed in the state of Florida and shall be governed by and construed in accordance with the laws of the state of Florida (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Purchase must be instituted within thirty (30) days after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 9. The language in the Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
14. LITIGATION
Buyer agrees that any liability Artist may be found to have, shall be limited to the cost of Product(s) purchased. All legal proceedings arising out of or in connection with the Agreement shall be brought solely in Manatee County, Florida and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process.
15. SEVERABILITY
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or Artist is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Failure of Artist to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Each party waives all rights to object to the jurisdiction and venue set forth in this Agreement. In the event a dispute arises regarding the Agreement, each party shall be responsible for its own attorney’s fees and expenses incurred.
16. ACKNOWLEDGMENT
The Agreement represents the entire agreement between Buyer and Artist, and supersedes any and all prior or contemporaneous agreements, representations, statements, understandings and warranties with respect to the Products and information provided via the Site, and the Terms of the Agreement. Buyer understands the entire Agreement prior to purchasing anything and purchase of Products shall be deemed acceptance of the Agreement.
I HAVE READ THE PURCHASE AGREEMENT CAREFULLY AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN ITS TERMS.
Updated: 1 November 2022