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TERMS OF USE - AGREEMENT


Thanks for your interest in Carmen Guedez Original Abstract Art.

Please read carefully. By using this Web Site you agree to these Terms of Use.

LICENSE TO USE THIS WEBSITE: This Website is owned and operated by www.carmenguedez.com. The contents of www.carmenguedez.com, including its domain, subdomains and blogs are owned entirely by www.carmenguedez.com, and are protected, without limitation, pursuant to U.S. and international copyright, The Berne Convention and trademark laws. You are granted a non-exclusive, non-transferable, revocable license to access and use the site strictly in accordance with this Agreement; to use the site, solely for internal, personal, non-commercial purposes. Material on this site, including text, logos and images, may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use or with www.carmenguedez.com permission. In order to request permission, please contact us. In any case, you must retain intact all copyright and other proprietary notices. Modification of this material or the use thereof for any other than a personal purpose constitutes a violation of intellectual property right and trademark that belong to carmenguedez.com. No print out or electronic version of any part of the website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

PURCHASE PROCESS: In order to purchase an artwork, prints, greeting cards and other products offered by www.carmenguedez.com, Buyer will be re-directed to a secure PayPal or Google checkout site. This guarantees a safer and secure transaction for the Buyer and Seller. By clicking the "Pay Now" button, Buyer will agree to the policy and print information and the "terms of use" indicated by carmenguedez.com.

PAYMENTS: Debit/credit cards and bank account transactions are accepted through PayPal. PayPal uses a SSL technology to keep the information safe. Carmenguedez.com does not collect any debit, credit card, bank account or any other payment information. Every payment transaction is securely protected by PayPal, and its terms and conditions apply. For more information, visit www.paypal.com.

CURRENCY CONVERTER: The currency converter/calculator is provided by an authorized third party and carmenguedez.com does not guarantee the accuracy of the result. The result is an estimated price. Some delay in the exchange rate might apply. The final currency converted rate will be displayed by Paypal when the Buyer check out. To use the calculator click currency converter.

SHIPPING AND HANDLING: All paintings are carefully packed and include insurance to cover any loss or damage. Original Paintings are shipped usually 2-3 business days after payment is received and cleared to the shipping address listed in PayPal or Google Checkout. www.carmenguedez.com is not responsible for shipping delays or omissions caused by the carrier or the Buyer’s country’s custom. Shipping rates are estimated per location. Some oversize paintings and/or international countries might require extra shipping charges. In such cases we will notify the Buyer by email for approval before shipping. Please note that during Holidays, orders may take slightly longer to process due to busy season. For more details, read the product information and faqs.

TAXES: Buyer is responsible for all taxes and duties (artwork is duty free to the US and Canada). Import duties, taxes and charges are not included in the item price or shipping charges. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to bidding/buying. These charges are normally collected by the delivering shipping company or when Buyer pick the item up. North Carolina residents pay sales tax.

COUPONS: Coupons may be redeemed only at www.carmenguedez.com. Enter code during check out under "Promotions and Discounts". Coupons cannot be combined with any other offer, specials or discount. Only one code may be used per transaction. Coupons may be redeemed only during the days and time and for the exact products it indicates. No negotiable or redeemable for cash.

REFUND POLICY: All sales are Final! Returns will be accepted within 7 days of Buyer receiving the artwork. Painting must be packed and returned in the same condition with its Certificate of Authenticity, all the documents included in the box and insured. The artwork must be in it's original condition. Buyer pays for return shipping. All funds minus shipping and handling, insurance, and other expenses will be refunded upon return.

GIFT CERTIFICATES: Gift certificates are valid only at www.carmenguedez.com website and can be used towards the purchase of any item for sale. Balances from multiple gift certificates cannot be transferred to a single gift certificate. Only one code may be used per transaction. Gift Certificates are non-refundable and may not be redeemed for cash. Gift Cards cannot be used to purchase other gift cards. Gift Certificates are delivered by mail to the Buyer's shipping address indicated in PayPal or Google Checkout. The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. Www.carmenguedez.com is not resposible for lost, stolen, destroyed or redemmed codes by unauthorized parties or without your permission. Gift certificates are valid for one year after date of purchase. Promotional discounts or coupons cannot be used to purchase Gift Certificates. Gift certificates do not accrue maintenance fees and can be cancelled within 7 (seven) days of the purchase date.

GIVEAWAYS AND CONTESTS: All participants will follow the terms stated in each giveaway/contest site and will leave comment(s) of each entry. No cash or other substitution may be made, except by www.carmenguedez.com in its sole discretion. Winners will be ramdomly selected and will be notified by email and/or direct message depending on their entries. The winner have 7 days to respond, or another winner will be chosen. Each winner is responsible for any taxes and fees associated of a prize. Cheating is not allowed under any circunstances. By participating in www.carmenguedez.com giveaways, contests and sweepstakes, entrants agree to release and hold harmless the Giveaway Entities from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late,postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f)injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt of any prize. Entrant further agrees that in any cause of action the Giveaway Entities liability will be limited to the cost of entering and participating in the Giveaway and in no event shall the Giveaway Entities be liable for attorney fees. The entrant waives their right to claim any damages whatsoever.

CERTIFICATE OF AUTHENTICITY: Every original Painting comes with a Certificate of Authenticity hand signed and embossed with Carmen Guedez logo and a Fine Arts Registered Number.

COPYRIGHT AND TRADEMARK: The entire content of this website, including but not limited to text, graphics, icons, images, service marks, trade names, logos and other proprietary information belongs to carmenguedez.com and is copyrighted under the United States, The Berne Convention and other trademark and copyright laws. All of the above may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use or with carmenguedez.com permission.

IMAGES: Paintings and Prints are photographed with a high resolution digital camera to ensure accuracy. However, different monitors may display the colors of the image slightly differently. Images are for personal and non-commercial use only. In case you want to use an image in a publication, advertisement or commercial use, please contact us. SPECIALS: Free Shipping applies to the 48 contiguos US States only. All items on sale cannot be combined with any other offer, coupon or discount. All sales are final! Other restrictions may apply. COUPON CODES: Coupon Codes are to be redeemed only at www.carmenguedez.com. Enter code during check out under "Promotions and Discounts". Cannot be combined with any other offer, specials or discount. Not valid to purchase Gift Cards. No negotiable or redeemable for cash.

PRINTS: Some original Paintings are available in high quality giclee canvas and paper prints. These prints are not printed in house. We specially order and inspect each print before send it to the customer. Shipping time will depend on the manufacturer, quantity, destination and carrier service. For information about wholesale prints, visit wholesale and Licensing. Carmenguedez.com reserves the right to create and sell any kind of prints of original paintings; including cards, canvas, paper, mugs, totes and other merchandise, and cannot be reproduced by anybody without www.carmenguedez.com permission.

CARDS: All greeting cards (except for handmade "Photo Cards") are not printed in house. We use a third party manufacturer to print them. Shipping time may vary depending on manufacturer, quantity and destiny. In case you are not 100% happy with your order, you may return it in new condition and in its original packaging within 3 days of receiving the item. All paid money minus a restocking fee of 40% plus shipping and handling fees will be refunded. CarmenGuedez.com retains copyright of all images.

MERCHANDISE: All licensed merchandise sold by carmenguedez.com is made by a third party manufacturer and is created with high quality standards. Shipping time may vary depending on manufacturer, quantity and destiny. In case you are not 100% happy with your order, you may return it in new condition and in its original packaging within 3 days of receiving the item. All paid money minus a restocking fee of 40% plus shipping and handling fees will be refunded. CarmenGuedez.com retains copyright of all images.

COMMISSIONED ARTWORK: Buyer, who orders a commissioned Artwork, understands that because each Artwork is hand-made, each original is unique and never an exact duplicate of another. Conditions about how to order a commissioned artwork can be found in commissions.

GUEST POSTS: Guest Posts are welcome. The views and opinions expressed in the guest posts are those of the guest authors and do not necessarily reflect the opinions and views of www.carmenguedez.com as a whole. To the best of our knowledge these posts are interesting and educational, however, we have no control over their content and links. The accuracy, completeness and validity of any statements made within these articles are not guaranteed. We accept no liability for any errors, omissions or representations. The copyright of their content belong to the authors and any liability with regards to infringement of intellectual property rights remains with them.

VARIATIONS: Each Painting/Print has its own Policy/Print Information. Buyer is responsible to understand and agree this information. If there is any doubt or question, Buyer should contact Seller.

ERRORS: In the event an error in price or description is mistakenly listed on the website, Seller reserves the right to refuse and/or cancel any transaction. A refund will be processed if the payment was made and cleared through PayPal.

FRAUD: Buyer may not purchase under a false name, false id, or use an invalid or unauthorized credit card. Such fraudulent conduct is a violation of federal and state laws.

LINKS: In an attempt to provide increased value to our visitors, carmenguedez.com may link to sites operated by third parties. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites. Carmenguedez.com is unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites.  Derogatory, harmful, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law is not permitted in carmenguedez.com. Users may not upload to, distribute through, or otherwise publish through carmenguedez.com any content or material that corresponds to the above listed.

USE OF SITE: Harassment in any manner or form on the website, including but not limited to via e-mail, contact messages, or by use of obscene or abusive language, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the site any content which is derogatory, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

DISCLAIMER: www.carmenguedez.com makes no representations or warranties of any kind, expressed or implied, with respect to the website, any transactions or messages conducted on or through the website and any property offered on the website which are for use "AS IS" and "AS AVAILABLE." All warranties express or implied, including without limitation: a) implied warranties of merchantability and fitness for some particular purpose with respect to the contents of www.carmenguedez.com and any website to which it is linked or partnered; b) that its contents will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error and; c) any implied warranty whether or not arising from the negligence of carmenguedez.com to the full extent permissible under applicable law; all of these warranties are hereby disclaimed.

LIMITATION OF LIABILITY: Under any circumstances carmenguedez.com and its affiliates will not be liable for any damages of any kind including without limitation direct, indirect, incidental, punitive and consequential damages from the use of, or the inability to use, the materials on this site or the performance of the products, even if carmenguedez.com has been advised of the possibility of such damages.

CONTACT: Any comment or question relating to any transaction conducted through this Website should be directed through the contact page.

QUERIES: Any queries relating to this Terms of Use - Agreement must be given in writing and must be sent by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the Sellers addresses (provided upon request).

PRIVACY: Carmenguedez.com does not rent, trade or share Buyer’s information with any third party. However, carmenguedez.com reserves the right to report any activity and disclose any information that is suspects, violates any law or regulation, to appropriate law enforcement officials, regulators, or other third parties in order to cooperate with governmental requests and to protect carmenguedez.com businesses and customers.

INDENMIFICATION: You agree to indemnify, defend, and hold harmless www.carmenguedez.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement or any transaction conducted on or through carmenguedez.com (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

www.carmenguedez.com reserves the right to revise and amend these Terms of Use - Agreement from time to time without notice, and any revised version will be deemed to be applicable from the first date of publication on this website.