Terms and Conditions
Terms and Conditions
PLEASE READ CAREFULLY ALL TERMS AND CONDITIONS BEFORE MAKING A PURCHASE.
All sales are conducted in accordance with the Terms and Conditions listed below.
1) Park West® Appraisals are available and recommended for insurance purposes. Items purchased online will receive a complimentary appraisal as a one-time courtesy.
2) The appraisal represents solely our opinion of the retail replacement value of the work. In making this determination we rely on many factors including the condition of the artwork, reliable price data and lists, and may include gallery prices of reputable art galleries and appraisals provided by independent appraisers. We do not rely on third party auction prices or internet prices to arrive at the appraisal. Any appraisal provided by Park West® solely represents Park West’s opinion of the retail replacement value of the artwork, and may not be an independent appraisal. In some cases, Park West® may own or have an interest in the artwork being sold. We do not issue refunds if another appraiser or source has a different opinion than ours. Park West® assumes no liability or responsibility for errors or omissions in connection with its appraisals. We do not assume and we disclaim any liability for: (i) insurance denials or losses, or (ii) claims for refunds or money damages based on a claim that our appraised value is too high, too low, or otherwise inaccurate.
TERMS OF GUARANTEE. The following Terms & Conditions govern our Guarantee.
1) CERTIFICATE OF AUTHENTICITY. All art comes with a Park West® registered Certificate of Authenticity providing a full written description of the artwork, governed by the following Terms & Conditions herein.
2) DEFINITION OF AUTHORSHIP. "Authorship" means the identity of the creator, the period or cultural source of origin of the item, as the case may be, as set forth in the first line of the description of the artwork. For sports memorabilia items, “authorship” means the identity of the featured athlete whose signature (or copy/facsimile of signature) is affixed to the item.
3) GUARANTEE COVERAGE. If within one year of the invoice date the original purchaser of record tenders to us a purchased item in the same condition as when sold through us and it is established that the identification of Authorship (as defined above) is not substantially correct, then the sale of such item will be rescinded and the original price refunded upon return of the item in the same condition as when originally purchased.
4) NON-ASSIGNABILITY. It is specifically understood that the benefit of this Guarantee is not assignable or transferrable and shall be applicable only to the original buyer of the item and not to the subsequent owners or others who have or may acquire an interest therein.
5) EXCLUSIONS. The Guarantee covers only the correctness of descriptions of Authorship but does not extend to titles or other identification of offered items or descriptions of physical condition and size, quality, rarity, importance, provenance, exhibitions, and literature of historical relevance, which information appears on the Certificate of Authenticity in lower case type below the first line of each entry identifying the Authorship. Although our best judgment is used in descriptions and the appropriate use of terms, and due care is taken to ensure the correctness of the supplemental material which appears below the first line of each entry on the Certificate of Authenticity, the Guarantee does not extend to any possible errors or omissions therein.
6) DISCLAIMER and LIMITED REMEDY. In no event shall Park West®, Park West Gallery®, or any of their respective parents, affiliates, subsidiaries, officers, directors or employees be liable for any damages whatsoever, including but not limited to incidental or consequential damages, loss of profits or loss of value or increase in value. We disclaim any liability for: (i) insurance losses, or (ii) claims for refunds or money damages based on a claim that our appraised value is too high, too low, or otherwise inaccurate in any respect. It is further specifically understood that the sole remedy available is the rescission of the sale and refund to the original purchaser of the original purchase price paid for the item(s) as the sole and exclusive remedy and is in lieu of any and all other remedies which might otherwise be available. Any and all claims or disputes are subject to and governed by the arbitration provision set forth in the purchase invoice.
PLEASE READ CAREFULLY ALL TERMS AND CONDITIONS BEFORE BUYING.
All sales are conducted in accordance with the Terms and Conditions listed below.
ADDITIONAL TERMS & CONDITIONS OF SALE
1) ALL SALES ARE FINAL.
2) All art sold is framed.
3) We reserve the right to withdraw any item before or during a sale and shall have no liability whatsoever for such withdrawal.
4) We reserve the right to reject any sale.
5) The price includes framing as displayed or in a comparable frame and shipping and handling within the Continental U.S. U.S residents will be charged state sales tax based on their shipping address. A charge will apply for shipments outside the United States. Non-U.S. residents are responsible for all taxes, duties, brokerage fees, customs fees, or other charges which may apply to the transport or importation of the artwork.
6) All items must be shipped.
8) You must provide us with written notice within ten (10) days after your receipt of the artwork of any damage or packing irregularities or any other claims regarding your artwork. In the event of a claim, you must also save intact the container that was used to ship the item(s). Failure to comply with the foregoing shall constitute your waiver of any claim of damage to artwork or framing.
9) With respect to items that are awarded as a prize, gift, raffle, promotion, or otherwise we will endeavor to provide an example of the item, subject to availability. However, if for any reason the specific item is unavailable, then at our sole discretion, we may select and provide a different item by the same or different artist and we shall have no further liability or obligation whatsoever. Also, shipping and handling charges apply for any item(s) shipped including prize, gift, raffle, promotion, or other form of item(s).
10) Our maximum liability in the event that artwork is unavailable, or is lost or damaged by us, or is subject to any other valid claim, shall be to provide a refund of the purchase price for that specific artwork (upon return of the artwork, if delivered), regardless of whether the appraisal is in excess of the purchase price. We shall have no other obligation or liability to the buyer and the buyer shall not be entitled to cancel the sale of other items purchased by the buyer or to obtain a refund for such other items. IF BUYER BRINGS A LEGAL ACTION, INCLUDING ARBITRATION, AND WE PREVAIL IN THAT LEGAL ACTION, BUYER SHALL BE OBLIGATED TO PAY OUR REASONABLE LEGAL COSTS AND ATTORNEY FEES.
11) You agree that the example of a limited edition work you receive may be annotated in a different manner than the example displayed on the online store. The value of the example you receive will be substantially the same as that of the example displayed at the online store and will in all other respects be the same work as that displayed at the online store.
12) You agree that if you purchase an artwork described as an "embellished" work or a "mixed media with lithograph" (or any other media) work, you may not receive the exact example of the work displayed at the online store. You likely will instead receive a unique work that is a variation of the example displayed at the online store. The value of the example you receive will be the same as that of the example displayed at the online store and will be substantially equivalent to that displayed at the online store.
13) A full written description of any item displayed for sale can be found on the store website.
14) Any mistakes in invoicing will be corrected upon discovery, and buyer shall be obligated and agrees to immediately remit any additional amount due.
15) YOU REPRESENT AND AGREE THAT NO VERBAL AGREEMENTS OR REPRESENTATIONS HAVE BEEN MADE OR RELIED UPON BY YOU FOR ANY PURPOSES, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OF ANY KIND THAT THE ART YOU ARE PURCHASING WAS OFFERED OR REPRESENTED TO BE AN INVESTMENT. NO VERBAL REPRESENTATIONS OF ANY KIND SHALL BE OF ANY FORCE OR EFFECT UNLESS ALSO SET FORTH IN WRITING BY PARK WEST® IN THE INVOICE.
16) Custom framing is not available for online store purchases.
17) Any action by buyer asserting any claim whatsoever relating directly or indirectly to purchases, including but not limited to the section 3 guarantee coverage described in the Terms of Guarantee on this page, shall not be maintainable unless filed within one year after the invoice date shown on the invoice.
18) IN THE EVENT OF ANY CLAIMS OR DISPUTES OF ANY KIND, BUYER AGREES TO SUBMIT ANY SUCH CLAIMS OR DISPUTES TO ARBITRATION IN MIAMI, FLORIDA PURSUANT TO THE ARBITRATION OF CLAIMS AND DISPUTES PROVISION SET FORTH IN THE INVOICE.
19) Buyer shall be solely responsible for all storage charges arising from customer's failure to comply with the Terms & Conditions of this invoice. Buyer shall be liable for the maximum storage charges permitted by applicable law.
20) To fulfill your order we have asked you to provide your name, address, zip code, and e-mail address. This information may also be used to inform you about other activities conducted by Park West®. We do not rent, sell or share this personal information with other people or companies not affiliated with Park West® You can elect to no longer receive e-mails from us, at any time, by following the simple instruction contained in every e-mail message you receive from us or by e-mail to us at email@example.com . We reserve the right to change the above stated policy. Significant changes in the above stated policy will be sent to you by notice to the e-mail address you have provided or by notice on our website ( www.parkwestgallery.com ). If you have any questions, please contact us at firstname.lastname@example.org.