TERMS & CONDITIONS
Note that these terms and conditions contain no funny business and most applicable information can be found in the main parts of the websites.
You can read through the legal jargon of our terms here or call us at 1.914.602.8037 for any questions, clarifications or concerns. Alternatively, you can e-mail us the same at TrueAfricanArt@GMail.com.
In placing orders on this site or through any other means, you agree that you are at least 18 years old and that you have the authority and ability to adhere to our terms and conditions.
All notices from True African Art to You will be deemed delivered within three (3) days after posting. Notices from You to True African Art shall be made by e-mail, sent to the address we provide on our Web site. Response to e-mails may be delayed only when we are traveling overseas collecting paintings. A notice about this will be posted on the website or an automatic e-mail reply.
When signing the Guestbook your submitted feedback is understood to possibly be posted public on the site. You have the option when filling out the form to only allow your first name to appear. We reserve the right to edit your entry for items like grammer or content. We also agree to withdraw or withhold your entry at your request.
Sending bulk mail or spam to the True African Art.com e-mail address is prohibited. Mailers will be investigated and promptly reported to the proper authorities.
All content appearing on this Web site is the property of:
True African Art™
Westchester County, neighboring New York City, USA.
Copyright © 2009-2013 True African Art™. All rights reserved®.
As a user, you are authorized only to view documents, information, text, pictures, video, and source code on this website. All copyright laws for unauthorized use are enforced by us. If however, you would like to copy or download and reuse just our images, text, and video, to share with others for free use, then you are permitted to do so, with the understanding that you will place a link back to our site appropriately. Commercial use, or using any of our content to make money or on a retail site is absolutely prohibited. All content on TrueAfricanArt.com is copyrighted and may NOT be used for commercial use or a commerical content website without prior written consent. Gathinja's African Women Bottle Figures design, along with our website content, is registered with the US Government Copyright Offices. Their design reproduction is therefore also prohibited. In some cases, for painting image commercial redistribution, permission must be given by both TrueAfricanArt.com and the painting's artist. Permission will be given on a case-by case basis and decision of authorization is made solely by TrueAfricanArt.com, after conferring with our artists. In all cases of free or commercial redistribution the copy should include the following copyright notice: Copyright © 2009-2012 True African Art. All rights reserved. If any kind of redistribution of original information is recognized outside of this website, all rights are reserved by True African Art.com whether visually stated on that piece of information or not. Finally, buyers should note that when you purchase a painting from True African Art .com, the artist still holds onto its reproduction right and it may not be reproduced for profit purposes by its buyer without direct approval from its artist. You can obtain an artist's permission by contacting True African Art.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Thus, they cannot be reproduced for commercial use without the express written consent of the website owner. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by True African Art. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of True African Art or any third party, except as expressly granted herein.
USE OF SITE:
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product inventory, pricing and availability, may be changed or updated without notice and with immediate application. True African Art and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if True African Art believes that customer conduct violates applicable law or is harmful to the interests of True African Art and its subsidiaries.
True African Art.com may contact you from time to time from within in its own resources to inform you of special offers or major updates. You will have the option to unsubscribe to any and all of these occasional notices.
SHIPPING & DELIVERY:
At this time, True African Art ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, True African Art ships merchandise to Canada and many other international locations. Note that countries in the preceding list may be added to or taken away from at any time with or without notice. Furthermore, we can ship to countries not listed by Pay Pal by e-mail correspondence and paid for by methods such as a bank wire transfer or manual credit card entry. We offer free shipping worldwide through the US Postal Service's standard shipping methods such as Parcel Post or First Class. Express shipments through the US Postal Service, UPS, or Federal Express are available, but their cost is on top of the painting cost and the responsibility of the client.
The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. Note that in our years of delivering African art, we have never lost a painting. However, in the case of lost or damaged merchandise in transit, True African Art.com will attempt on your behalf to recover the lost item through communication with our US Post Office or in the case of a damaged item, try to regain its value from the US Postal Service and refund or replace it for you. If the item was damaged or lost outside of the US Postal Service's jurisdiction, we expect our client to follow up with their country's Post Office.
If our automated shipping rate system displays a total that does not seem right to you, just contact us and we will make it right and/or refund you back the correct difference. Note that we have never had a problem with our checkout or shipping system/quotes.
Customs and import duties, taxes, and/or tariffs may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details. International duties, tariffs and taxes are not included in your checkout total.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which we are shipping permits the shipment of your products. True African Art is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. However, we are willing to contact our local shipping carrier (the one we used to send your shipment) to see if they can provide information on your package if it is delayed.
True African Art.com is a retail business. Release of any paintings happens once we approve and receive a payment made by the buyer. Our e-mails communicate the steps where a purchase is being made, including order confirmation, payment options, payments received and/or paintings being sent out. Payments are always made in U.S.A. dollars. In cases of a wire transfer, the buyer pays any currency exchange fees and any other fees called upon from the bank.
For our consignment artists, True African Art.com has a trusted relationship with them and they are professional, honest, and mature people of character whom we have interviewed extensively in order to qualify for placement on True African Art.com. They are also on contract with us, so they agreed to follow strict procedures for delivery of their paintings. In the case that your artwork from them is delayed in delivery or not sent at all, we will make every attempt to correct the situation with them swiftly. If we cannot, we will issue you a refund, but we are not liable for the consignment artists' actions.
True African Art charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped. For example, but not limited to this example, purchases made in New York state and shipped within New York state must have a state sales tax attached to their order.
Many people have said that their painting looks better in person than it did online! Our pictures of paintings have been taken with the utmost care to accuracy and actuality in order to attempt to not have any major differences in a digital picture versus the painting itself. Note however, that due to light, there may be some differences. If you have any questions of any number for how a painting may look prior to your purchase, please do not hesitate to contact us to receive more information or additional photographs. Rest assured that if your expectations are not met for any reason on any painting, our refund policy describes how to make a return. We are sure though, that like others, you will find your painting more beautiful in person than online. Finally, if there are typos or mistakes on the site that conflict with your order, just contact us and we will do our best to correct the situation for you.
The Legal Necessities:
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. True African Art makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content, except as stated in its refund policy. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. True African Art SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL True African Art BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
...Or Depending on State...
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Our refund policy states how to receive an easy refund should you not be satisfied with a painting.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied, except as stated in our refund policy. True African Art is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The inclusion of material on this server does not imply any endorsement by True African Art, which makes no warranty of any kind with respect to the subject matter of the server materials advertised, except as stated in our refund policy.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although True African Art tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
We offer a 100% satisfaction guarantee. If you are not satisfied with your painting(s) you can return it by mail at your expense within 60 days for any reason. Returned paintings must be in the same aesthetic condition they were sent in order to qualify for a return. When returned the buyer will be offered for their painting an exchange or credit for the full purchase price of the painting. Monetary refunds are at the sole discretion of True African Art. Shipping both ways, packaging, and insurance are non-refundable and on return, are the responsibility of the buyer. However, shipping can be refunded if the painting(s) have been damaged because of a mail carrier and the carrier takes the insurance claim. In the event that a "Free Shipping" item is returned, the cost of shipping will still be the responsibility of the buyer.
Please note that since starting to ship paintings in 2004, none have ever been lost or damaged.
Also, if the painting is delivered to an incorrect address that you gave us and is not returned to us, then True African Art.com cannot reimburse you. Thus, please ensure that the address you provide us is accurate. If the painting(s) is returned undamaged, we can re-ship it with you paying the reshipping costs.
For any consigned artists' paintings, (Nii Hylton, Appiah Ntiaw, Ti Jay, Hussein Saidi,& Simon Muriithi) the return period is 5 days. This is so that the consigned artist does not have wait 30 days to receive the payment we collect from you for their paintings.
LOWEST PRICE GUARANTEE:
How it Works: Before your purchase, we'll match any other online competitor's advertised price, including any private offer deals. Plus we'll give you an additional 10% off the painting(s) that meet our Lowest Price Guarantee! The other company's painting must be in stock, the same artist, similar size and style, an original, and cannot be listed in E-bay. Contact us for a Price Match Guarantee approval and we'll send you a Pay Pal invoice with your new savings!
PRICE MATCH GUARANTEE VERIFICATION:
All requests are subject to verification by True African Art.com. We will not accept screenshots or other purported evidence of a lower price that we cannot independently confirm. Nor will we verify any request that we believe, in our sole discretion, is the result of a printing or other error or is made fraudulently or in bad faith. Verified requests will receive a Pay Pal invoice that reflects the accepted Price Match Guarantee price plus 10% off the matched painting.
PRICE MATCH GUARANTEE CHANGES:
The lowdown: As long as the Price Match Guarantee is advertised, and as long as your Price Match comparison is legitimate and we determine that it is truthful, then there should be no problems. However, here is the legal jargon: We reserve the right in our sole discretion to modify or discontinue the Price Match Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your claim will determine your eligibility under the guarantee. Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. True African Art and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
In the event of litigation both parties agree that the Law of the State of business registration of True African Art shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
The Terms and Conditions constitute the entire agreement between you and True African Art with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and True African Art with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by True African Art. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Any part of the Terms and Conditions may change at any time with or without notices to visitors. Rest assured though that relevant major changes to policy or to the web site functionality, whether positive or negative, will be posted on the site and in some cases, like a new artist added or a new major feature, past customers will be notified via e-mail.