Patrick Jones Gallery (“Company” or “We”) respects your privacy and is committed to protecting your data through our compliance with this policy and applicable laws. This policy describes the types of information we may collect from you or that you may provide when you visit the website patrickjones.gallery (our “website “) as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.This policy applies to information we collect on this website as well as in email, text, and other electronic messages between you and this website.
Read this policy carefully to understand our policies and practices regarding your data and how we will use it. If you do not agree with our policies and practices, your choice is not to use our website.
This policy may change from time to time. Your continued use of this website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. CHILDREN UNDER THE AGE OF 18 Our website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the website. We do not knowingly collect personal information from children under 18. If you are under 18, do not make any purchases through the website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information.
INFORMATION WE COLLECT ABOUT YOU
We may collect several types of information from and about users of our website, including but not limited to information:By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information “);About you but individually does not identify you; and/orAbout your internet connection, the equipment you use to access our website and usage details.
INFORMATION YOU PROVIDE TO US
Information we collect on or through our website may include:Information that you provide by filling in forms on our website. This includes information provided at the time of purchase or requesting further services.Records and copies of your correspondence (including email addresses), if you contact us.Details of transactions you carry out through our website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
INFORMATION COLLECTED USING AUTOMATED DATA COLLECTION TECHNOLOGIES
HOW WE USE YOUR INFORMATION
We may use information that we collect about you or that you provide to us, including any personal information:To present our website and its contents to you.To provide you with information, products, or services that you request from us.To fulfill any other purpose for which you provide it.To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.In any other way we may describe when you provide the information.For any other purpose with your consent.
DISCLOSURE OF YOUR INFORMATION
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
DATA PROTECTION RIGHTS
The right to access – You have the right to request that we provide you with copies of your personal data. We may charge a small fee for this service.The right to rectification – You have the right to request that we correct any information that you believe is inaccurate. You have the right to request that we complete the information that you believe is incomplete.The right to erasure – You have the right to request that we erase your personal date, under certain conditions.The right to restrict processing – You have the right to request that our company restrict the processing of your personal data, under certain conditions.The right to date portability – You have the right to request that we transfer the data that we have collected to another organization, or direction to you, under certain conditions.If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us by email: [email protected] or [email protected]
You agree that your order is an offer to buy, under these terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any order in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email.
PRICES AND PAYMENT TERMS
All prices posted on this site are subject to change without notice. The price charged for a piece will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.Terms/ methods of payment are within our sole discretion and payment must be received by us before our acceptance of an order.
SHIPMENTS, DELIVERY, TITLE AND RISK OF LOSS.
Unless otherwise agreed upon or specified, we will arrange for shipment of the pieces to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. While we strive to expedite delivery upon the completion of a sale, we are not liable for any delays in shipments.
RETURNS AND REFUNDS
Due to the nature of the art business and the potential for abuse by resellers, there are no returns or refunds on the products purchased by you from this site unless expressly agreed upon in writing by seller, at its sole discretion.
GOODS NOT FOR RESALE OR EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the site for permitted personal or household uses only, and not for resale or export.Products and services purchased from the site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations“).
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any failure or delay in our performance under these terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
LIMITATION OF LIABILITY
Our liability will under no circumstances exceed the actual amount paid by you for the product that you have purchased through the site, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect.The above limitation or exclusion may not apply to you if you live in or are subject to the jurisdiction of a state or territory that does not allow the exclusion or limitation of incidental or consequential damages. The informal dispute resolution procedure detailed in Section 10 is available to you if you believe that we have not performed our obligations under this limited warranty or these terms.
GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
DISPUTE RESOLUTION AND BINDING ARBITRATION
You and PAT JONES COMPANY NAME LLC are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.Any dispute, claim or controversy arising out of or relating to this Agreement or the other agreements and documents contemplated hereby or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Austin, Texas, before one (1) arbitrator who shall be a retired judge admitted to practice law in the State of Texas. The arbitration shall be administered by JAMS (or any like organization successor thereto) pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall follow any applicable federal law and Texas state law in rendering an award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Parties further understand and agree that the arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof.You hereby agree to arbitration on an individual basis. In any dispute, you agree that you will not be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these terms.
The failure by us to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Patrick Jones Gallery.
NO THIRD PARTY BENEFICIARIES
These terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these terms by: (i) sending a message to the email address you provide or (ii) by posting to the site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.To Us. To give us notice under these terms, you must contact us in writing by personal delivery, overnight courier or registered or certified mail to:CSC United States Corporation711 East 7th StreetSuite 620Austin, TX 78701We may update the address for notices to us by posting a notice on the site. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these terms and will not affect the validity or enforceability of the remaining provisions of these terms.