Terms and Conditions 

  

Agreement between User and www.ronbeckerartist.com

Welcome to www.ronbeckerartist.com. The www.ronbeckerartist.com website (the "Site") is comprised of various web pages operated by Qualified Joint Venture ("RBeckerArt"). www.ronbeckerartist.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.ronbeckerartist.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 

  

www.ronbeckerartist.com is an E-Commerce Site engaging in the sale of original artwork by Ron Becker.

 

Acceptance 

The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both RBeckerArt and you. The acceptance is confirmed by a box that needs to be checked on the artwork order form.

 

Electronic Communications 

Visiting www.ronbeckerartist.com or sending emails to RBeckerArt constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

  

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that RBeckerArt is not responsible for third party access to your account that results from theft or misappropriation of your account. RBeckerArt and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

  

Children Under Thirteen     

RBeckerArt does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.ronbeckerartist.com only with permission of a parent or guardian. 

 

Your Order

The artwork offered for sale on RBeckerArt is subject to availability.  

 

To order any piece of artwork, you must select the artwork of your choice, place it in your cart, and provide the necessary personal information to place the order (or identify yourself, if you have a user account). Before validating the order, you must check the information appearing on the order summary, and you can correct any potential mistakes in the items inserted, as well as read about the delivery costs.  

 

You will not be charged for the payment before your purchase offer has been validated, which is done within 48 hours by RBeckerArt, in order to ensure the artwork’s availability.  

If the Artwork is no longer available, an email informing you will be sent within 48 hours, cancelling the order.  

 

Sales Prices and Terms of Payment

The artwork sale price is listed on the Site in the currency set by RBeckerArt and includes all taxes, excepting delivery and packaging fees if applicable.  

 

The different methods of delivery and related costs are shown in the order summary.  The delivery and packaging costs depend on the type of artwork, its dimensions, its weight, as well as the place of delivery.  

 

The payment of the artwork price to RBeckerArt is made via the payment services available from RBeckerArt [credit card or PayPal]

 

Transfer of ownership happens as soon as the full price has been paid by the Buyer.  Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on www.RonBeckerArt.net.

  

Cancellation/Refund Policy 

You may cancel the purchase with RBeckerArt through sending an email to the following addresss info@ronbeckerartist.com or rwb9353@gmail.com. A full refund shall be processed within 14 days following the date on which RBeckerArt was informed about your desire to cancel the purchase.

 

You may return your purchase for a full refund within 14 days of your receipt of the artwork. It can take up to 25 days for an item to reach us once you return it. Once the item is received, RBeckerArt will then be responsible for handling the cancellation from you and shall process the refund within 14 days following the date on which RBeckerArt received your return. 

 

Any refund granted to you applies solely to the price of the artwork paid for by you.  You shall be responsible for return shipping costs.  

 

Any returned artwork that is damaged or dirtied by you shall not be accepted, nor refunded.  RBeckerArt reserves the right to decide at its sole discretion. 

 

Links to Third Party Sites/Third Party Services 

www.ronbeckerartist.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of RBeckerArt and RBeckerArt is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RBeckerArt is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RBeckerArt of the site or any association with its operators. 

  

Certain services made available via www.ronbeckerartist.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ronbeckerartist.com domain, you hereby acknowledge and consent that  RBeckerArt may share such information and data with any third party with whom  RBeckerArt has a contractual relationship to provide the requested product, service or functionality on behalf of www.RonBecker.net users and customers. 

  

No Unlawful or Prohibited Use/Intellectual Property 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of RBeckerArt or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. RBeckerArt content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of  RBeckerArt and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of  RBeckerArt or our licensors except as expressly authorized by these Terms. 

  

International Users 

The Service is controlled, operated and administered by  RBeckerArt from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the  RBeckerArt Content accessed through www.ronbeckerartist.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

  

Indemnification 

You agree to indemnify, defend and hold harmless  RBeckerArt, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  RBeckerArt reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with  RBeckerArt in asserting any available defenses. 

  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and RON BECKER ART agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

  

Liability Disclaimer 

THE INFORMATION, ARTWORK, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RBeckerArt AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

  

RBeckerArt AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RBeckerArt AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RBeckerArt AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RBeckerArt OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

 

Force Majeure 

In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. 

 

Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the laws of the State of New York, i.e. an event that is out of the control of the parties, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures

 

The party invoking Force Majeure must immediately inform the other party, as well as upon its extinction thereof 

  

Termination/Access Restriction 

 RBeckerArt reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and  RBeckerArt as a result of this agreement or use of the Site.  RBeckerArt's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RBeckerArt's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by RBeckerArt with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RBeckerArt with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and  RBeckerArt with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

  

Changes to Terms 

 RBeckerArt reserves the right, in its sole discretion, to change the Terms under which www.ronbeckerartist.com is offered. The most current version of the Terms will supersede all previous versions. RBeckerArt encourages you to periodically review the Terms to stay informed of our updates. 

  

Contact Us 

 RBeckerArt welcomes your questions or comments regarding the Terms: 

  

RBeckerArt

Email Address: info@ronbeckerartist.com

Telephone number: 631-379-0623

  

Effective as of [February 15, 2019]

© 2019 by Ron Becker All Rights Reserved

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