McCulloch Art Consulting
Fine Art Consulting Services in Palm Beach County

Terms & Conditions

 

Website Terms & Conditions

 

YOUR USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (T&Cs).

 GENERAL

 By using this website you agree to be bound by the T&Cs on a continuing basis as the same may be modified from time to time.  It is your responsibility to check for any revisions to the T&Cs.

INTELLECTUAL PROPERTY RIGHTS

 All intellectual property rights in this website, and the content published on it, are owned by The Company (the “Company”) or individual artists. No unauthorized reproductions or use of the images on this site are permitted.   The Company reserves the rights to display works previously sold.

PAYMENT FOR AND COLLECTION OF PURCHASES

 Payment Procedure.

In addition to the Purchase Price, all sales are subject to 7% Florida sales tax, shipping and handling costs and insurance premiums.  If Buyer prefers to use its own insurance agent, please confirm the coverage at time of sale.  All payments must be made in US Dollars within 10 days of sale, in any of the following acceptable forms of payment:

·      Cash

·      Check, with acceptable identification

·      Visa, MasterCard or American Express.

The Company reserves the right to charge and collect an additional 2% of payments made by credit card.

Title and Risk of Loss.

Title to any work purchased in accordance with these T&Cs shall not pass to the buyer until the Company has received payment in full (including clearance of checks and wire transfers). We reserve the right to delay delivery of or otherwise prevent access to any purchased work until the Company has received payment in full. Notwithstanding passage of title, risk of loss to any work passes immediately to buyer upon the Company’s acceptance of the Purchase Price. All sales are final.

Delivery.

As a courtesy to the buyer, we provide or arrange packing, shipping or similar logistical services. Any such services referred, provided or arranged by us are at the buyer's sole risk and expense, we assume no responsibility for any act or omission of any party in connection with any such service or reference, and we make no representations or warranties regarding such parties or their services. You expressly release the Company from any and all liability arising from your use of any third-party website or services.

BREACH

If a buyer fails to make timely payment as required in these T&Cs, or breaches any other covenant, representation or warranty in this Agreement, the Company shall be entitled to exercise any remedies legally available, including, but not limited to, the following:

      I.         cancellation of the sale to the non-paying buyer (whether or not paid);

   II.         reselling the work, at public or private sale, with or without reserve;

 III.         retention of all amounts already paid by the buyer to the Company, which shall constitute a processing and restocking fee that is reasonable in light of the costs the Company would have to incur to process a breach and attempt to re-auction or resell the work);

 IV.         rejection of any offers by the buyer at future auctions;

   V.         setting-off any amounts owed by the Company to the buyer in satisfaction of unpaid amounts; and/or

 VI.         taking any other action we deem necessary or appropriate under the circumstances.

LIMITED WARRANTY

 "As Is", "Where Is." 

Except as expressly stated below, each work is sold "as is" "where is", with no representation or warranty of any kind from any party (including the Company or the consignors of the works), express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. As a courtesy, condition reports for any work are available from the Company prior to the sale, but the Company assumes no responsibility for errors and omissions contained in any such report or other description of a work that may be available on the Company website. Any statements made by the Company with respect to a work (whether in a condition report or on the Company website), whether orally or in writing, are intended as statements of opinion only, are not to be relied upon as statements of fact and do not constitute representations or warranties of any kind.

Authorship Warranty.

Subject to the following terms and conditions, the Company warrants, for a period of two (2) years following the date of sale, the information presented in a The Company website with respect to Authorship of any Lot is true and correct, so long as the name of the Author is set forth unqualifiedly in the applicable and most current the Company website. The term "Author" or "Authorship" means the creator, designer, culture or source of origin of the property, as the case may be.

The buyer’s sole remedy, and the Company’s sole liability, under this warranty shall be cancellation of the sale of the work in question, or (if the sale has already concluded) the refund of the purchase price originally paid by such buyer for the work in question (not including any late fees, taxes, shipping, storage or other amounts paid to the Company in accordance with these T&Cs). Buyer hereby waives any and all other remedies at law or equity with respect to breaches of this warranty.

Limit of Liability.  

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. WITH RESPECT TO ANY SALE OF A LOT, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSSES IN EXCESS OF THE PURCHASE PRICE PAID BY YOU TO THE COMPANY FOR SUCH LOT TO WHICH THE CLAIM RELATES.

ACCEPTABLE USE

 You may not use the website or any information it contains in any way that:

·       infringes any copyright, patent, trademark, trade secret, other proprietary rights, or rights of publicity or privacy in any way

  • is illegal or otherwise unlawful

  • is in breach of these terms and conditions

  • has not been requested, including un-solicited bulk email or spamming

·      is libelous, abusive, menacing or offensive or that may harass or cause distress or inconvenience to any person

  • is obscene, vulgar, pornographic or is otherwise against public policy

·      facilitates the transmission of any virus or other material that could potentially damage the website, and any computers or internet services that are connected to it.

·      attempts to interfere with the website or its workings. In particular, you must not try to break security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router, or any other device.

We have no obligation to monitor or censor any information that users store within, or transmit through, the website. We are not responsible for any injury, damage, or offence that results from such storage and transmission of information.

If you wish to make a complaint about this website or its content, you should email ___________________________ We will investigate any complaints about content on our website. We operate a "take down" (removal) policy for any offensive or inappropriate content.

GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the law of the State of Florida and, by registering or bidding via the Company website (whether personally, by telephone or by agent), the you agree to submit to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida in connection with any matter related to these T&Cs, or other sale of a work to you by the Company.