TERMS AND CONDITIONS
1. INTRODUCTION
These terms and conditions (the "Terms & Conditions") apply to the use of the nell + grey website, including all images, information, tools and services available, as well as the sale of original artwork created by Leigh Anna Newell (the Artist, owner, we, our) through the website or by email to you.
The nell + grey website is operated by Leigh Anna Newell. Our shop is hosted by Wix. They provide us with the e-commerce platform that allows us to sell our products and services to you. PayPal and Square provide us with the means to collect payment for products and services purchased. We do not monitor or operate their services, thus you are also bound by their terms and conditions.
2. TITLE AND RISK
As soon as the purchase price is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you.
3. OWNERSHIP OF THE ARTWORK COPYRIGHT
Copyright in the Artwork remains the property of the Artist. You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for any purpose.
If you breach any of your obligations under Ownership of the Artwork Copyright you agree that:
(a) the payment of damages will not be a sufficient remedy to compensate the Artist for your breach;
(b) the Artist may apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and
(c) the Artist may contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the Artwork has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.
4. DATA PROTECTION
We may collect, hold, control, use and transmit personally identifiable information obtained from you in the course of your purchase of the Artwork to provide the products and services requested by you. By agreeing to these Terms and Conditions you agree to such information being used in these ways and for such information to be disclosed to the Artist if you are in breach of your obligations under these terms and conditions.
5. LIABILITY OF NELL + GREY
We make no representation or warranty of any kind whatsoever, express or implied, in connection with the Artwork. nell + grey and its owner exclude all liability (whether in contact, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the Artwork.
6. RIGHTS OF THIRD PARTIES
No person other than you and Leigh Anna Newell have any rights under these Terms and Conditions other than in respect of paragraph 3 above which confers a benefit on the Artist and is intended to be enforceable by the Artist.
7. OTHER RIGHTS OF NELL + GREY
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on the website.
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any products or services without notice at any time.
We have made every effort to display as accurately as possible the colors, sizes, images and details of our products and services that appear in our shop. We cannot guarantee that your computer monitor's display is accurate.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and services. Any use by you of optional third-party tools through the website is entirely at your own risk and discretion. You should ensure you are familiar with and approve the third-party tool and service providers' terms and conditions.
8. OBLIGATIONS OF WEBSITE USER
You agree to provide current, complete and accurate purchase and account information for all purchases made through our shop. 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 transaction and contact you as needed.
9. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with US law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the US courts.
10. CONTACT INFORMATION
Questions about Terms and Conditions should be sent to leighannan@gmail.com.