TERMS AND CONDITIONS
OVERVIEW
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This website is operated by Vonne Gallery LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Vonne Gallery LLC. Vonne Gallery offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
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By visiting our site, all of our social media accounts, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
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Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Wix, providing us with the online e-commerce platform that allows us to sell our products and services to you.
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Correspondence via email: art@vonnegallery.com​
SECTION 1 - ONLINE PURCHASE TERMS
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By agreeing to these Terms of Service, you affirm that you are at least the age of majority in your state or province of residence, or you are the age of majority and have given consent for any of your minor dependents to use this site. You may not utilize our products for any illegal or unauthorized purpose, and in using the Service, you must comply with all applicable laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses, or harmful code. Any breach or violation of these Terms will result in an immediate termination of your Services.
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SECTION 2 - GENERAL CONDITIONS
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Vonne Gallery reserves the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform to and adapt to technical needs of connecting networks or devices. Credit card information is always encrypted during transfers over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us. The headings in this agreement are included for convenience only and do not limit or affect these Terms.
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SECTION 3 - COMMERCIAL COMMUNICATIONS AND DATABASE
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By providing your email address, you consent to receive emails from us, including marketing and promotional content. All emails will adhere to applicable laws and regulations. However, should non-compliance occur, you may request the removal of your information from our database at any time by emailing art@vonnegallery.com. Our marketing communications are conducted solely for legitimate business purposes. If you'd like to be removed from our email database, you can request deletion at any time by contacting us at art@vonnegallery.com.
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SECTION 4 - INTELLECTUAL PROPERTY
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4.1 Ownership: All content on the Site, including but not limited to images, text, graphics, and software, is the exclusive property of Vonne Gallery or used with permission. Unauthorized use of any content may result in legal action for copyright, trademark, or other intellectual property rights violations. However, we are open to various types of collaborations and partnerships. If you are interested in working together, please contact us at art@vonnegallery.com to discuss potential opportunities.
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4.2 Fair Use Doctrine: The Company and the artist produce pop culture artworks that may incorporate ‘fair use’ images as part of the creative process. These images, integral to the artworks, are used for commentary and artistic expression and do not imply any affiliation or endorsement by the original trademark or copyright holders.
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SECTION 5 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
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We are not responsible if information made available on this site is inaccurate, incomplete, or outdated. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
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SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
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At Vonne Gallery, the prices of our products may change without prior notice. We reserve the right to modify or discontinue the Service, or any portion thereof, at any time without notice. Vonne Gallery shall not be held liable for any modifications, price alterations, suspensions, or discontinuations of our Service.
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SECTION 7 - PRODUCTS OR SERVICES
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Some products or services from Vonne Gallery are exclusively available online and may have limited quantities. These items are subject to return or exchange following our Return Policy. We strive to display the colors and images of our products as accurately as possible; however, we cannot guarantee that your device's display of any color will be accurate. We reserve the right, though not obligated, to restrict sales of products or Services to any person, geographic area, or jurisdiction, and this may be evaluated on a case-by-case basis. Vonne Gallery also reserves the right to limit quantities of our offered products or services. All product descriptions and pricing can change at any time without notice, solely at our discretion. We reserve the right to discontinue any product at any time. Any product or service offer on this site is null where banned. While we strive for quality, we do not guarantee that the products, services, information, or other materials will meet your expectations or that errors in our Service will be corrected.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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Vonne Gallery reserves the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order at our sole discretion. This includes orders placed using the same customer account, credit card, or billing and shipping address. In the event we make a change to or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 9 - OPTIONAL TOOLS
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We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
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Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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SECTION 11 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
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If, at our request, you submit specific items like contest entries, or if you provide creative ideas, suggestions, proposals, plans, or other materials voluntarily (collectively, ‘comments’), whether online, by email, postal mail, or any other method, you agree that Vonne Gallery may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you provide. We are not obligated to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
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We may, though not obligated, monitor, edit, or remove content that we find to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. You agree that your comments will not infringe any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your comments must not contain libelous, unlawful, abusive, or obscene material, or carry any computer viruses or malware that could harm the operation of the Service or any related website. You must not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of your comments. Vonne Gallery assumes no responsibility and accepts no liability for any comments posted by you or any third party.
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SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
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SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS
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Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. Vonne Gallery reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any inaccuracies are found in the Service or on any related website, at any time without prior notice, including after an order has been submitted. We undertake no obligation to update, amend, or clarify information within the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be interpreted as indicating that all the information has been modified or updated.
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SECTION 14 - PROHIBITED USES
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In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content for any of the following: (a) any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe on or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the Service, any related website, other websites, or the Internet; (h) to collect or track the personal information of others (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.​
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time, without prior notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
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In no case shall Vonne Gallery, the artist, shareholders, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any part of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product. This includes, but is not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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SECTION 16 - INDEMNIFICATION
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You agree to indemnify, defend, and hold harmless Vonne Gallery, along with our parent company, subsidiaries, affiliates, partners, shareholders, artists, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand. This includes reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
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SECTION 17 - SEVERABILITY
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If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
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SECTION 18 - TERMINATION
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The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site. If, in our sole judgment, you fail to comply, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may accordingly deny you access to our Services (or any part thereof).
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SECTION 19 - ENTIRE AGREEMENT
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The failure of Vonne Gallery to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and Vonne Gallery. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
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These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.
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SECTION 21 - CHANGES TO TERMS OF SERVICE
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You can review the most current version of the Terms of Service at any time on this page. Vonne Gallery reserves the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - PRIVATE CUSTOM ARTWORK COMMISSION SERVICES
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1 Introduction
These terms and conditions govern the services provided by Vonne Gallery for custom artwork commissions. By commissioning an artwork, you ("the Client") agree to the following terms:
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2. Client Instructions
a. The Client must provide clear and detailed instructions regarding the artwork's subject, size, style, and any specific requirements before the commencement of work.
b. Any changes to the initial instructions must be communicated as soon as possible. Significant changes may incur additional costs.
3. Deposit and Payment
a. A non-refundable upfront deposit of 50% of the total agreed price is required to secure the commission.
b. The remaining balance is due upon completion of the artwork. The Client will receive a final invoice once the artwork is completed.
c. Payment methods accepted: credit card, bank transfer or paypal.
4. Completion and Delivery
a. The expected completion time will be estimated and communicated to the Client during the initial agreement phase.
b. Upon completion, the artist will provide the Client with a digital or physical preview of the artwork.
c. The artwork will be delivered via secure shipping method within 3 business days after final payment is received.
5. Satisfaction and Revisions
a. The artist strives for client satisfaction and will offer one (1) revisions free of charge if required.
b. Additional revisions beyond this may incur extra fees.
6. Return Policy and Cancellation
a. Custom artwork commissions are non-returnable and non-refundable once completed and delivered.
b. If the Client wishes to cancel the commission before completion, the artist must be notified in writing. The deposit will not be refunded.
7. Intellectual Property Rights
a. The artist retains all intellectual property rights to the artwork, including the right to use images of the artwork for promotional purposes unless otherwise agreed in writing.
b. The Client receives the right to display the artwork for personal use only. Reproduction or commercial use of the artwork is prohibited without the artist's consent.
8. Confidentiality
All personal information provided by the Client will be treated as confidential and used solely for the purposes of completing the commission.
9. Acceptance
By commissioning an artwork, the Client acknowledges they have read and agree to these terms and conditions.
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SECTION 23 - CONTACT INFORMATION
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Questions about the Terms of Service should be sent to us at art@vonnegallery.com.
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