Art by the Sea, LLC

Policy Statement

Terms of Service

Art by the Sea, LLC (also referred to as Art by the Sea Gallery, or Art by the Sea Gallery and Studio, or ABTS Gallery) and Us, its Member Artists and Affiliates provide art work and various related goods and services to you, the customer/user, through the use of this website.  By continuing to use this site, you, the User, agree to comply with all the terms, conditions, notices contained or referenced herein, as well as any other written agreement between Us and you.  In addition, when using particular services, materials, and products on this site, the User shall be subject to any posted rules applicable to such services, materials, or products that may contain terms and conditions beyond those in these Terms of Service. Guidelines or rules are hereby incorporated by reference into these Terms of Service. 

User’s Acknowledgement and Acceptance of Terms

BY USING THIS SITE, YOU ACKNOWLEDGE, ACCEPT, AND AGREE TO THESE TERMS OF SERVICE.  YOUR AGREEMENT COMMENCES IMMEDIATELY UPON USE OF THIS SITE. These Terms of Service are effective as of September 1, 2020 and We reserve the right to modify these Terms from time to time, without notice to you.  In using this site, you are acknowledging, agreeing to, and accepting the responsibility for periodically reviewing these Terms and you are acknowledging that you understand that continued use of this site is effectively an agreement to abide by and be bound by any modified Terms of Use.

Limits of Liability

In addition, when you use this site and/or make a purchase of goods or services from Art by the Sea, LLC, its Artists, and Affiliates, you are agreeing to indemnify, hold harmless, and defend upon request, said Gallery, its Artists, and Affiliates from all liabilities, claims, and expenses, including attorneys fees that arise from your use or misuse of this site, and for any damage or harm caused by the purchase, receipt, possession, storage, use, or misuse of the products it sells or the services it provides.  You agree that Art by the Gallery, LLC, its Artists, and Affiliates shall not be held liable for any loss arising from the use of goods or services It/They sell, including but not limited to direct, indirect, special, and consequential losses, for example: delays and/or damage resulting from shipping).  Notwithstanding the foregoing, in the event of litigation or mediation all filings and action must take place in the state of Oregon, USA.  Should Art by the Sea, LLC, any of its Artists, or Affiliates be found liable for any damages, you agree that such liability shall be limited to a maximum of the amount you paid for the product, item, or service at issue.   You acknowledge and agree that you accept all risk associated with the receipt, possession, storage, and use of this site and products purchased from Art by the Sea, LLC, its Artists, and Affiliates.    

Privacy Policy

Art by the Sea, LLC cares about privacy. We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Service, you confirm that you have read and understand this policy, including how and why we use your information. If you do not want us to collect or process your personal information in the ways described in this policy, you should not use our Services.  By using this site, you acknowledge that you understand and consent to our privacy policy.

We have taken many precautions to protect confidential information while you shop using the AbTS Gallery Website. We use the industry-standard SSL protocol (Secure Sockets Layer) to secure transactions. The SSL system encrypts information that you submit to us via our website when you place an order as a safeguard against third party interception of your information.

Our site uses an order and account registration form, so that you can request information and products. Contact information (email address, telephone number, address, etc.) is used to ship your orders to you. Your information is also used to contact you when necessary in regards to your order. Financial information (credit card numbers, credit card expiration dates, billing address, etc.) is used to bill you for products. Art by the Sea LLC does not retain your credit card information.  We do not intentionally share your information with third party companies or services.

AbtS Gallery, LLC automatically receives and records information from your browser or your mobile device when you visit the Site, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for visitors.

Like most web sites, visitors to our website are recognized by a unique IP address, but cannot be identified as an individual. To help facilitate your orders we do utilize a feature on your browser called a “cookie” to assign a unique identification to your computer. Cookies are small data files sent from a server to your web browser.  AbtS Gallery, LLC uses these cookies to facilitate your orders by keeping track of items put into your shopping cart. Art by the Sea, LLC does not and cannot use cookies to retrieve personal information about you from your computer. They make it possible for us to recognize your browser when you visit. By doing this, we can personalize your return visits and save you time during checkout. In order to enjoy the benefits of being a registered user, your browser must be set to accept cookies.

We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes on or through the Services, or (2) sending you an email or message about the changes. We encourage you to check back regularly and review any updates.

Community

Art by the Sea, LLC prohibits the use of our Services to discriminate against people based on the following personal attributes and collectively as “protected groups”: 

·      Race

·      Color

·      Ethnicity

·      National origin

·      Religion

·      Disability

·      Gender

·      Sexual orientation

·      Gender identity

·      Any other characteristic protected under applicable law

Additionally, Art by the Sea, LLC does not condone or allow hate speech. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.

Third Party Sites and Information

This site may provide links to other sites, or may include references to products, information, and services that are provided by other parties.  The inclusion of such links are merely provided for convenience and does not imply endorsement of, association with the site or party by us. These other sites and parties are not under our control and may contain information, or material that some may find inappropriate or offensive.  You acknowledge that Art by the Sea, LLC is not responsible for the accuracy, copyright compliance, legality, decency, warranty of any kind, or any other aspect of the content of such sites.  

Placing Orders and Making Payments

Orders for items viewed in Art by the Sea, LLC's online store may be purchased by:  selecting items and adding them to your shopping cart, creating an account, and utilizing Credit Card processing features. 

In order to process your order, you will be asked to input your billing, shipping, and contact information.  Items purchased as gifts, may require input of additional contact information for your designated recipient.  Account information is currently collected and processed through our secure website and a third party payment processing provider.  All Terms of Service are applicable and stated by our website provider.  By using our website and making a purchase from us, you agree to the collection and use of information set forth in our policies and theirs.  Changes that occur in our Privacy and Processing policies will be updated as necessary and posted to this page.

If shipping to multiple addresses, it may be necessary to place each order separately.  For questions, please call Art by the Sea Gallery (541) 347- 5355, or contact us via email through the website email submission form.

The Gallery may be required to charge sales tax on items shipped to specific locations; if so, applicable taxes will be added on at the time your order is placed and are not reflected in the price listed under items for sale.

Handmade Goods

By purchasing items from Art by the Sea, LLC and its Artists, you are acknowledging that you understand that certain imperfections are inherent in the products and are due to the nature and process of art making.  You further acknowledge that the "hand of the artist" that makes each piece unique will create imperfections that may be visible on items seen in person, yet may not be visible on items as mediated through electronic representation, as on a website.  Art by the Sea, LLC makes every effort to carefully photograph and accurately represent each item displayed on its website; however, inconsistencies in color and appearances of scale may occur due to the differences between the actual object, its recorded image, and the User's computer/monitor.  These are beyond the control of the Gallery and its Artists and you are acknowledging through your purchase that you understand and accept that likenesses represented on our website may vary slightly in comparison with the actual object when it is received.

Shipping

Art by the Sea, LLC uses United States Postal Services (USPS) Priority Mail for most deliveries. The prices listed with items for sale will designate that the “Shipping is Included”. If there is an item that does not include this designation (such as for large and/or heavy items), then an option will be included for contacting the Gallery, or Artist directly, to inquire about special pricing for shipping.

 Items will be shipped promptly after they are sold. Prompt shipping means that we ship each item typically within 3 to 5 business days upon receipt of payment. The order will be marked as shipped after we actually have shipped it. When we mark an order as shipped, the buyer will receive a notification, which includes the order number. Note: Please verify your shipping address when you place an order. Postal and delivery services will not forward deliveries without charging for the extra service, and we have to pass that charge on to you.

 We ship orders to contiguous US, Alaska and Hawaii, only (no international shipping). We comply with all US shipping regulations. Our shipping policy reflects USPS policies regarding delivery expectations, tracking and handling of packages, which includes items that may be damaged during shipping.

 All shipments leave Art by the Sea, LLC in good condition. When your order arrives, please inspect all boxes or parcels for obvious damage. Open the boxes, too, to check for concealed damage. If you find damage, note it on the receipt and get the driver's signature (if applicable) to verify the damage.  We recommend that you photograph the damaged items and/ or packing materials and retain them for possible inspection by USPS.  Art by the Sea, LLC is not responsible for replacing damaged items.

 Shipping upgrade charges may be requested by contacting the Gallery and individual Artists. Though selecting second-day or next-day shipping will shorten transit time, it will not affect the date the item leaves the gallery. Note that some items, including those that ship via freight, are not eligible for upgraded shipping.  Art by the Sea, LLC does not control and is not responsible for delays cause by USPS or other shipping agents. 

Returns

Items purchased through our online store are hand-crafted and are non-returnable. Handcrafted items contain imperfections due to techniques, process, and materials; by making a purchase you are agreeing that this occurs as part of the hand-crafted process and that the Gallery and its Artists are not responsible.   

Not withstanding the above, occasionally a defect in materials supplied by an outside vendor and used by an Artist occurs.  A request for consideration of repair of the item must be done within 30 days from the "shipped to" date and resolution remains at the sole discretion of the Artist.   If agreed to by the Artist, liability and repairs shall be limited to the availability, or substitution of a like component.   You, agree to assume all costs for return shipping, to and from the Gallery.  

Damage that occurs during shipping must be handled through the shipping agent, i.e. USPS.  Art by the Sea, LLC and its Artists are not responsible for damage that occurs during shipping.

Copyright

In continuing to use this website and make purchases from Art by the Sea Gallery, LLC and its Artists, you are agreeing to follow all laws of copyright and trademark protection as afforded by the United States, as well as globally when applicable.  Our artists livelihoods are dependent upon respect for their intellectual property, designs, and instructional materials.  Copyrights apply to their actual items and to the representation of those items through the images contained on this website.  Your use of this website, its images, and information are considered privileged for personal use to stay informed about Art by the Sea Gallery artists and events only, and does not transfer rights or give permission for reproduction in any form.

This website is copyrighted by Art by the Sea Gallery, LLC, 2020.  All rights are reserved.