Terms and Conditions
Copyright
Exclusive rights to the art works produced by Carrie Lee Brady belong to the artist Carrie Lee Brady, including the rights to produce copies or reproduction of the art works and to own or sell those copies, to create derivative art works that adapt the original art work, to sell or cede these rights to others, to import or export the art work, and to transmit or display art works.
These exclusive rights mean that only the copyright holder, Carrie Lee Brady, is free to exercise these rights, and others are prohibited from using the art works without the written permission of Carrie Lee Brady.
All art works copyrighted to the artist Carrie Lee Brady. All rights reserved. No art work, whole or in part, may be produced or transmitted in any form or by any means electronic, mechanical, digital, including photocopying, or by any information storage and retrieval system without the written permission of the artist.
Return Policy
Carrie wants to be sure that you love your newly-purchased art. If you are unhappy with any item purchased please contact the artist immediately and we will remedy the problem to the best of our ability. We are committed to the satisfaction of our customers.
Returns:
If for any reason you are not completely satisfied, we will gladly accept a return for exchange or credit (no refunds) towards another purchase of Carrie's art works (less Shipping and Handling fees), provided the item is returned within thirty (30) days from the date of shipment.
Returns must meet all of the following criteria:
- Contact us for a return approval number.
- Art must be received by us within 30 days of your receipt.
- Art must be sent in the original undamaged packaging.
- Art must be in original resalable condition.
- Art must be shipped with full insurance covering the original price.
- Damaged items will be refused.
- No returns will be accepted after 30 days.
Damages: If the box containing the artwork appears to be damaged upon its arrival, refuse acceptance of the delivery and then contact us to let us know that the shipment arrived damaged. If, however, you open the package and find the artwork damaged, please contact the shipping service who will advise you on your options. Do not discard the original packaging. Please note that, unless reported immediately upon receipt, damaged artwork will not be accepted for return. Please, take a photo of the package conditions before opening the package if you suspect that the artwork inside might be damaged or if
you notice that the package has been broken or mistreated. This information is required for insurance claim purposes.
Any artwork that is received damaged must be reported to us and the carrier at the time they are received.
Damaged Original Art Works: Credit will be applied to replacement of damaged original art works. Contact Carrie to discuss time necessary to replace the art.
Limited Edition Prints: We will ship you another item to replace the damaged one as soon as all carrier insurance paperwork is processed.
Carrier + Packaging: We ship most orders through UPS, fully insured.
1. In General
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated from time to time. You should check this page regularly to take notice of any changes made to the Terms of Service.
Access to this Website is permitted on a temporary basis. We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
2. Privacy Policy
Our Privacy Policy, incorporated by reference in these Terms of Service, sets out how we will use personal information you provide to us. By using this Website, you agree to be bound by the Privacy Policy, and warrant that all data provided by you is accurate.
3. Prohibitions
You must not misuse this Website. Without limiting the breadth of the foregoing, you will not: commit, facilitate or encourage a criminal offence; transmit or distribute a virus, Trojan horse, worm, logic bomb, or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of Carrie Lee Brady involved in the operation and maintenance of this Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial of service attack on the Website, or using any scraper, robot, spider, or other automated mechanism to access the Website or download content. We reserve the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Service. You acknowledge and hereby consent to such monitoring. Breaching this provision may constitute a criminal offence under the Computer Misuse Act 1990 or other relevant legislation. Carrie Lee Brady will report any such breach to the relevant law enforcement authorities and may disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Carrie Lee Brady or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved Carrie Lee Brady and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Carrie Lee Brady or its licensors. No license or consent is granted to you to use this mark in any way, and you agree not to use this mark or any marks which are colorably similar.
5. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to the USA and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Carrie Lee Brady you must be 18 years of age or over and possess a valid credit or debit card issued by a bank acceptable to us. Carrie Lee Brady retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
6. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
7. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Shipping costs will be charged in addition; such additional charges are clearly displayed where applicable and are included in the 'Total Cost'.
8. Payment
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be charged once the order has been accepted.
9. Discount Codes
Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
10. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Carrie Lee Brady, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by any law. This does not affect Carrie Lee Brady’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
11. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
12. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Carrie Lee Brady and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Carrie Lee Brady.
13. Indemnity
You agree to indemnify, defend and hold harmless Carrie Lee Brady, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
14. Variation
Carrie Lee Brady shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
15. Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
16. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments: ihawaiianfishprints@gmail.com
17. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
18. Governing Law and Jurisdiction
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
19. Entire Agreement
The above Terms of Service (including the Privacy Policy, any other Carrie Lee Brady policies linked to herein, and where relevant the Community Guidelines) constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Carrie Lee Brady. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Carrie Lee Brady.
