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LEGAL
Wind
Water Gallery
, Inc.
The Site is created and controlled by Wind Water Gallery, Inc.
Located in 540 W. 19th St. Houston, TX.77008
Terms and Conditions of Use
Thank you for using the Web Site. Within the site we are
governed by certain rules relating to the exhibition and sale
of works online. Some of these terms and conditions apply to
our relationship with you. Our intention here is to set forth
these terms unequivocally so that you are aware at all times
of our responsibilities to you and vice versa. We assume that
by continuing to use the Site, you have read and accepted
these terms. Do not use the site if you do not accept these
terms and conditions.
These Terms and Conditions contain all of the terms governing
the relationship between you and Wind Water Gallery and any
variation must be explicitly agreed by us in writing. Any
advice, recommendation, representation or other information
given by us concerning the products, which is not confirmed in
writing is given on an informal basis and shall not form part
of the relationship between us. If any provision of these
terms and conditions shall be unlawful, invalid or
unenforceable, then the remainder of the agreement shall
remain valid and enforceable.
Right To Change Terms and Conditions
Wind Water Gallery reserves the right to change these Terms and
Conditions at any time, and those that are available on the
Site at the time you are using it, will be those that apply.
We therefore recommend that you check from time to time for
any changes/updates.
Site Design and Content
Wind Water Gallery expressly prohibits the use of this site for
any activity, which is deemed illegal in any jurisdiction.
In connection with our terms and conditions, where we refer to
'Content' we mean all images, photographs, text, information,
film, video, and sound contained in, or available from our
Site.
The images and designs used on the Wind Water Gallery Site,
together with all software developed in relation to it, are
the property of Wind Water Gallery Limited. All rights are
reserved. Wind Water Gallery and the Wind Water Gallery logo are
trademarks of Wind Water Gallery Limited. All rights in these
trademarks are reserved. Our Site also contains trade marks
belonging to third parties, the copyright, trademarks and
other rights to which are the property of their respective
owners, who in turn reserve all of their rights in respect
thereof. You may not use or reproduce any trademarks appearing
on our Site for any purpose without the prior agreement of the
relevant owner.
Reproduction, Distribution and Modification
Reproduction, Distribution and Modification is expressly
prohibited for any purpose without express written agreement
from Wind Water Gallery or that of the relevant Content owner
in question.
Customer and User Privacy and Data Protection
All and any information provided by you to Wind Water Gallery will
be treated in strict confidence with respect to
privacy and according to the terms and conditions of the Data
Protection Act.
Liability
Wind Water Gallery shall not be deemed liable for any personal
loss or damage, which may arise from the use of any of the
information contained in the Site. Wind Water Gallery does not
exclude liability for death or personal injury resulting from
our negligence.
Indemnity
You agree to indemnify Wind Water Gallery and keep Wind Water Gallery indemnified
against any damages, claims, liabilities,
losses and expenses arising out of any misuse by you of any
part of the web site or information therein.
Links
Certain links in the Wind Water Gallery Site will lead you to
other websites. Wind Water Gallery's not responsible for the
content of any third party sites which may be accessed via our
website.
Terms and Conditions of Trading
All purchases made from Wind Water Gallery will be regulated by
these terms and conditions, so it is important that you read
them thoroughly before making any purchase. Please note that
your use of our Site constitutes your agreement to follow and
be bound by those terms.
The Contract
All orders are subject to acceptance and availability of the
goods ordered. Wind Water Gallery's entitled to refuse any
order placed by you. No contract will subsist between you and
Wind Water Gallery for the sale by it to you of any product
unless and until Wind Water Gallery accepts your order by
e-mail confirming that it has dispatched your product. That
acceptance will be deemed complete and will be deemed for all
purposes to have been effectively communicated to you at the
time Wind Water Gallery sends the e-mail to you (whether or not
you receive that e-mail). All contracts shall be deemed to
have been formed in the state of Texas. No one under the age of 18 years
old is eligible to make transactions through Wind Water gallery.
Wind Water Gallery makes every effort to ensure that all prices
and descriptions quoted on the Site or any other medium are
correct and accurate. However it is inevitable that errors
will occasionally occur. In the event of such an error, Wind
Water Gallery will be entitled to rescind the contract and the
extent of Wind Water gallery's liability will be the return of any
monies the customer has paid in respect of the order.
Delivery
Delivery will be made by a National (or International)
Delivery Company. Goods will normally be delivered to you
within 7 days of our accepting your order. Unframed
reproductions will usually be dispatched within 1-2 days from
acceptance of the order. In the case of Original works, Wind
Water Gallery will arrange for the collection of the work
directly from the Artist and onward delivery to you, the
customer.
Please note that if you are requiring delivery of goods to an
address outwit the European Union you will be responsible for
any duties levied in that country.
Any time or date stated for delivery is an estimate only, and
although Wind Water Gallery makes every effort to dispatch on
time, we do not accept liability for failure to deliver within
the stated time.
Settlement
All Wind Water gallery's prices are in US dollars. Tax
is not included in all prices quoted.
We accept electronic payments by Visa, MasterCard, Discover
and AMEX.
Wind Water Gallery also accept check payment, but will not
reserve the goods for you until your check has been received.
Goods will then be immediately reserved for you and will be dispatched
to your requested delivery address after your check has cleared. In the unlikely event that by the time
your check has arrived with Wind Water Gallery your selected
item is out of stock, or is no longer available for whatever
reason, Wind Water Gallery will notify you by email and will
return your check where possible or provide a full refund.
Wind Water Gallery retains the right to modify the prices from
time to time.
Product Specification
Wind Water Gallery makes every effort to supply the goods as
shown/advertised, but reserves the right to supply goods
subject to minor variations in actual dimensions and
specifications. Please Note: COLOR AND APPEARANCE OF IMAGES,
MOUNTS AND FRAMES MAY VARY SLIGHTLY FROM THE WAY THEY APPEAR
ON THE SCREEN.
Cancellations
Orders may be cancelled at any time prior to the goods being
dispatched; unless they have been made to your specification
or personalization, or where we have already begun framing or
packaging the goods or when we have started any other agreed
service on them. Wind Water Gallery must receive
the notice of cancellation within 7 days of the date of
delivery of the goods. As soon as we receive your order to
cancel we will refund the relevant portion of your order if it
has not yet been dispatched. If it has been dispatched, you
will be responsible for the cost of returning the goods and
your refund will be processed on their arrival. Wind Water Gallery recommends
the use of recorded delivery for your
protection and peace of mind.
Wind Water Gallery will send you an email to let you know that
your refund has been processed. This will end Wind Water gallery's
liability to you.
Returns
At Wind Water Gallery we want you to be completely satisfied
with your purchases. If for any reason you are unhappy with
your goods, you can return them to us for a refund to Customer
Services, Wind Water Gallery Limited, in their original condition and in their
original packaging with the dispatch note, within 14 days of
delivery. Please also enclose a note stating the reason for
return. Refunds will be made less the cost of delivery (and
framing if relevant).
Should goods prove to be defective in any way or have been
misrepresented on the site, Wind Water Gallery will at its
discretion either replace the goods without charge or refund
the price of the goods and delivery if relevant. Please also
enclose a note stating the nature of the defect.
Wind Water Gallery will send you an email to let you know that
your refund has been processed. This will end Wind Water gallery's
liability to you.
Wind Water Gallery does not accept liability for shortages or
damage to deliveries unless they are notified within 3 working
days from the date of delivery.
Delivery is deemed to have taken place when the goods have
been delivered to your nominated delivery address, whereupon
the risks of loss, breakage and all damages then pass to you.
Payment
We will debit payment for the goods at the point of dispatch of the first item of your order.
In the case of check payment, we will wait for clearance of
your check before dispatching your order, be it in whole or
in parts as goods become ready. You will be entitled to a full
refund if the goods or service are not provided within 30 days
- relevant for check payments only as cards will not be
debited until goods are ready for dispatch.
Credit card
safety
Wind Water Gallery intends to provide you with the safest and
most secure shopping experience possible. Our secure payment
service providers use the latest technology to protect your
credit card information and do not release it to any outside organization. Orders are placed using secure encryption (the
Internet standard for secure transactions) or you can fax or
post your card information to us.
Disclaimer
This site and all contents of the site are provided on an
"as is" basis without warranties of any kind, either
express or implied, including without limitation warranties of
title or implied warranties of merchantability or fitness for
a particular purpose. You acknowledge, by your use of the
site, that your use of the site is at your sole risk, that you
assume full responsibility for all costs associated with all
necessary servicing or repairs of any equipment you use in
connection with your use of our site, and that Wind Water Gallery shall
not be liable for any damages of any kind related
to your use of this site.
Intellectual Property
Copyright and Intellectual Property Rights remain with the
artist (or other Copyright owner) even after you buy the
Original work. Purchase of any good from Wind Water Gallery does
not grant you any right other than that of
ownership of the product.
Governing Law
These Terms and Conditions are governed by law of the state of
Texas and all
parties agree to submit to the non-exclusive jurisdiction.
© Wind Water gallery Limited 2003-2010
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