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Tuesday, January 26, 2021
Terms Of Use

Park West Galleries - Thomas Kinkade Gallery® 40-40 SATISFACTION GUARANTEE

40 Years: Since our founding 40 years ago, Park West Galleries - Thomas Kinkade Gallery® has guaranteed the quality and authenticity of every work in our collection.

40 Days: Clients may return any work purchased for up to 40 days. Clients can obtain a refund within 40 days after receipt of the art work. Your refund will cover the full purchase price (less a 15% restocking fee) and less any shipping costs if applicable.

At Park West Galleries - Thomas Kinkade Gallery® our mission is to connect people around the world to superb artists and the joys of the art world. We want the connection you have with our art to bring joy for years to come—satisfaction guaranteed.

AGREEMENT BETWEEN USER AND Park West Galleries - Thomas Kinkade Gallery®

The Park West Galleries - Thomas Kinkade Gallery® Web Site is comprised of various Web pages operated by Park West Galleries - Thomas Kinkade Gallery®.

The Park West Galleries - Thomas Kinkade Gallery® Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Park West Galleries - Thomas Kinkade Gallery® Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Park West Galleries - Thomas Kinkade Gallery® reserves the right to change the terms, conditions, and notices under which the Park West Galleries - Thomas Kinkade Gallery® Web Site is offered, including but not limited to the charges associated with the use of the Park West Galleries - Thomas Kinkade Gallery® Web Site.

LINKS TO THIRD PARTY SITES

The Park West Galleries - Thomas Kinkade Gallery® Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Park West® and Park West Galleries - Thomas Kinkade Gallery® is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Park West Galleries - Thomas Kinkade Gallery® is not responsible for webcasting or any other form of transmission received from any Linked Site. Park West Galleries - Thomas Kinkade Gallery® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Park West Galleries - Thomas Kinkade Gallery® of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Park West Galleries - Thomas Kinkade Gallery® Web Site, you warrant to Park West Galleries - Thomas Kinkade Gallery® that you will not use the Park West Galleries - Thomas Kinkade Gallery® Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Park West Galleries - Thomas Kinkade Gallery® Web Site in any manner which could damage, disable, overburden, or impair the Park West Galleries - Thomas Kinkade Gallery® Web Site or interfere with any other party's use and enjoyment of the Park West Galleries - Thomas Kinkade Gallery® Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Park West Galleries - Thomas Kinkade Gallery® Web Sites.

MATERIALS PROVIDED TO Park West Galleries - Thomas Kinkade Gallery® OR POSTED AT ANY Park West Galleries - Thomas Kinkade Gallery® WEB SITE

Park West Galleries - Thomas Kinkade Gallery® does not claim ownership of the materials you provide to Park West Galleries - Thomas Kinkade Gallery® (including feedback and suggestions) or post, upload, input or submit to any Park West Galleries - Thomas Kinkade Gallery® Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Park West Galleries - Thomas Kinkade Gallery®, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Park West Galleries - Thomas Kinkade Gallery® is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Park West Galleries - Thomas Kinkade Gallery®'s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

ARBITRATION OF CLAIMS AND DISPUTES AND WAIVER OF JURY TRIAL. ANY DISPUTES OR CLAIMS OF ANY KIND INCLUDING BUT NOT LIMITED TO THE DISPLAY, PROMOTION, AUCTION, PURCHASE, SALE OR DELIVERY OF ART, ITEMS, OR APPRAISALS SHALL BE BROUGHT SOLELY IN NON-BINDING ARBITRATION AND NOT IN ANY COURT OR TO ANY JURY. ARBITRATION SHALL BE ADMINISTERED BY THE AAA IN ACCORDANCE WITH THE AAA’S RULES THEN IN EFFECT FOR A COMMERCIAL DISPUTE. FLORIDA LAW SHALL GOVERN AND BE APPLIED TO ALL SUCH DISPUTES AND ARBITRATION SHALL TAKE PLACE ONLY IN MIAMI-DADE COUNTY, FLORIDA. ARBITRATORS MAY BUT DO NOT HAVE TO HAVE EXPERTISE IN THE AREA(S) OF THE DISPUTE. ALL DECISIONS RESPECTING THE ARBITRABILITY OF ANY DISPUTE SHALL BE DECIDED BY THE ARBITRATOR(S). EXCEPT AS MAY BE REQUIRED BY LAW OR FOR CONFIRMATION OF AN AWARD, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, EVIDENCE, OR RESULTS OF ANY ARBITRATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES. THE PARTY INITIATING THE ARBITRATION SHALL BE SOLELY RESPONSIBLE FOR THE PAYMENT OF THE FILING FEE CHARGED BY AAA. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, FOR ANY ARBITRATION. NOTWITHSTANDING THE FOREGOING, IF A PARTY UNSUCCESSFULLY CONTESTS THE VALIDITY OR SCOPE OF ARBITRATION IN A COURT OF LAW, THE NON-CONTESTING PARTY SHALL BE AWARDED REASONABLE ATTORNEYS’ FEES AND EXPENSES INCURRED IN DEFENDING SUCH CONTEST. IN ADDITION, IF A PARTY FAILS TO ABIDE BY THE TERMS OF A SETTLEMENT THE OTHER PARTY SHALL BE AWARDED REASONABLE ATTORNEYS’ FEES AND EXPENSES INCURRED IN ENFORCING SUCH SETTLEMENT OR AWARD. NOTWITHSTANDING ANYTHING IN THE FOREGOING TO THE CONTRARY OR WITH REGARD TO ANY AAA’S RULES THEN IN EFFECT, THE PARTIES SHALL BE REQUIRED TO MUTUALLY AGREE UPON THE ARBITRATOR SELECTED AND THE EXCLUSIVE VENUE FOR SUCH ARBITRATION SHALL BE MIAMI-DADE COUNTY, FLORIDA. FOLLOWING NON-BINDING ARBITRATION IF THE CLAIMS OR DISPUTES HAVE NOT BEEN RESOLVED, THE SOLE REMAINING REMEDY SHALL BE THAT EITHER PARTY MAY WITHIN SIXTY-DAYS THEREAFTER INITIATE BINDING ARBITRATION ON THE SAME TERMS, CONDITIONS, AND PROCEDURES SET FORTH ABOVE, INCLUDING BUT NOT LIMITED TO CONFIDENTIALITY. ANY JUDGMENT, AWARD OR DECISION RENDERED BY THE ARBITRATOR PURSUANT TO BINDING ARBITRATION MAY BE ENTERED IN AND ENFORCED BY THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. FAILURE TO PROCEED AS SET FORTH ABOVE SHALL CONSTITUTE A COMPLETE AND IRREVOCABLE WAIVER, ABANDONMENT, AND RELEASE OF ANY AND ALL CLAIMS OR DISPUTES.

SERVICE CONTACT : custsvc@parkwestgallery.com

TERMINATION/ACCESS RESTRICTION

Park West Galleries - Thomas Kinkade Gallery® reserves the right, in its sole discretion, to terminate your access to the Park West Galleries - Thomas Kinkade Gallery® Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Park West Galleries - Thomas Kinkade Gallery® Web Site. Use of the Park West Galleries - Thomas Kinkade Gallery® Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Park West Galleries - Thomas Kinkade Gallery® as a result of this agreement or use of the Park West Galleries - Thomas Kinkade Gallery® Web Site. Park West Galleries - Thomas Kinkade Gallery®'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Park West Galleries - Thomas Kinkade Gallery®'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Park West Galleries - Thomas Kinkade Gallery® Web Site or information provided to or gathered by Park West Galleries - Thomas Kinkade Gallery® with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Park West Galleries - Thomas Kinkade Gallery® with respect to the Park West Galleries - Thomas Kinkade Gallery® Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Park West Galleries - Thomas Kinkade Gallery® with respect to the Park West Galleries - Thomas Kinkade Gallery® Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

PURCHASER'S:

acceptance of all terms and conditions. I represent that I have carefully read, understand, and agree to all of the Terms and Conditions contained herein. I further state that no verbal representations have been made or relied upon by me in connection with my purchase(s).

PLEASE READ CAREFULLY ALL TERMS AND CONDITIONS BEFORE BUYING:

All sales are conducted in accordance with the Terms and Conditions appearing herein.

TERMS OF GUARANTEE:

The following Terms & Conditions govern our Guarantee.

1) CERTIFICATE OF AUTHENTICITY. All art comes with a Park West® registered Certificate of Authenticity providing a full written description of the artwork, governed by the following Terms & Conditions herein.

2) DEFINITION OF AUTHORSHIP. "Authorship" means the identity of the creator, the period or cultural source of origin of the item, as the case may be, as set forth in the first line of the description of the artwork. For sports memorabilia items, "authorship" means the identity of the featured athlete whose signature (or copy/facsimile of signature) is affixed to the item.

3) GUARANTEE COVERAGE. If within five years of the date of sale of any item, the original purchaser of record tenders to us a purchased item in the same condition as when sold through us and it is established that the identification of Authorship (as defined above) is not substantially correct based on a fair reading of the written description which may be contained in the posted description, then the sale of such item will be rescinded and the original price refunded upon return of the item in the same condition as when originally purchased.

4) NON-ASSIGNABILITY. It is specifically understood that the benefit of this Guarantee is not assignable or transferrable and shall be applicable only to the original buyer of the item and not to the subsequent owners or others who have or may acquire an interest therein.

5) EXCLUSIONS. The Guarantee covers only the correctness of descriptions of Authorship but does not extend to titles or other identification of offered items or descriptions of physical condition and size, quality, rarity, importance, provenance, exhibitions, and literature of historical relevance, which information appears on the Certificate of Authenticity in lower case type below the first line of each entry identifying the Authorship. Although our best judgment is used in descriptions and the appropriate use of terms, and due care is taken to ensure the correctness of the supplemental material which appears below the first line of each entry on the Certificate of Authenticity, the Guarantee does not extend to any possible errors or omissions therein.

6) DISCLAIMER and LIMITED REMEDY. In no event shall Park West Galleries - Thomas Kinkade Gallery®, or any of its affiliates, subsidiaries, officers, directors or employees be liable for any damages whatsoever, including but not limited to incidental or consequential damages, loss of profits or loss of value or increase in value. We disclaim any liability for insurance losses. It is further specifically understood that the sole remedy available is the rescission of the sale and refund to the original purchaser of the original purchase price paid for the item(s) as the sole and exclusive remedy and is in lieu of any and all other remedies which might otherwise be available. Any and all claims or disputes are subject to and governed by the arbitration provision set forth above.

* LIMITED RETURN POLICY:

Any items purchased may be cancelled for any reason up to 40 days following the date of receipt of the piece. If the order is cancelled after shipping, the purchase price actually paid, (less a 15% restocking fee) and less shipping charges for delivery to buyer will be refunded. If an order is cancelled prior to shipping, the full purchase price, less a 15% restocking fee will be refunded. All refunds (or credit card arrangements) for purchases eligible for cancellation and refund will be arranged by Park West® within thirty (30) days of receipt of the returned item(s). In the case of cancellations and refunds, the following shall apply: The purchased item(s) must be returned in good and undamaged condition. All risks of loss and damage, and all return packing, shipping, and insurance charges shall be the sole risk and responsibility of buyer and not Park West®. Buyer must take all necessary precautions to properly protect all items returned against the risks and hazards of shipping. Buyer is responsible for, at buyer’s sole expense, all appropriate insurance for the full purchase price of all items returned. Any item returned in damaged condition, as determined in the sole judgment and discretion of Park West®, shall subject the otherwise eligible refund to deduction and off set for all loss or damage including the entire purchase price.

AFTER EXPIRATION OF THE 40 DAY CANCELLATION PERIOD, ALL SALES ARE FINAL:

All sales of artist commissioned or artist dedicated artwork are final without exception and are not subject to this Limited Return Policy.

ADDITIONAL TERMS & CONDITIONS OF SALE:

1) All sales are final.

2) All art is sold unframed.

3) We reserve the right to withdraw any item before or during a sale and shall have no liability whatsoever for such withdrawal.

4) Charges for shipping and handling unframed art.

Country or Region 1st Package of up to 6 works Additional Packages of up to 6 works ea.
Continental USA $35.00 $15.00
Alaska, Hawaii, Puerto Rico, Virgin islands, or Caribbean $45.00 $20.00
Canada or Mexico $55.00 $25.00
Europe, Central America, Middle East, or S. Pacific $65.00 $25.00
South America $85.00 $55.00
South Africa or Asia $115.00 $55.00


5) Non-U.S. residents are responsible for all taxes, duties, brokerage fees, customs fees, or other charges which may apply to the transport or importation of the artwork. Sales tax may be applicable to Michigan and Florida residents.

6) You must provide us with written notice within ten (10) days after your receipt of the artwork of any damage or packing irregularities or any other claims regarding your artwork. In the event of a claim, you must also save intact the container that was used to ship the item(s). Failure to comply with the foregoing shall constitute your waiver of any claim of damage to artwork or framing.

7) With respect to items that are awarded as a prize, gift, raffle, promotion, or otherwise we will endeavor to provide an example of the item, subject to availability. However, if for any reason the specific item is unavailable, then at our sole discretion, we may select and provide a different item by the same or different artist and we shall have no further liability or obligation whatsoever. Also, shipping and handling charges apply for any item(s) shipped including prize, gift, raffle, promotion, or other form of item(s).

8) Our maximum liability in the event that artwork is unavailable, or is lost or damaged by us, or is subject to any other valid claim, shall be to provide a refund of the purchase price for that specific artwork (upon return of the artwork, if delivered). We shall have no other obligation or liability to the buyer and the buyer shall not be entitled to cancel the sale of other items purchased by the buyer or to obtain a refund for such other items. If buyer brings a legal action and we prevail in that legal action, buyer shall be obligated to pay our reasonable legal costs and attorney fees.

9) Any mistakes in invoicing will be corrected upon discovery, and buyer shall be obligated and agrees to immediately remit any additional amount due.

10) You represent and agree that no verbal agreements or representations have been made or relied upon by you for any purposes. No verbal representations of any kind shall be of any force or effect unless also set forth in writing by Park West Galleries - Thomas Kinkade Gallery® in this invoice.

11) If custom framing is purchased, custom framing and associated shipping and handling charges will be shown on the invoice.

12) With the sole exception of claims under section 3 of Terms of Guarantee above, any action by buyer asserting any claim whatsoever relating, directly or indirectly, to purchases shall not be maintainable unless filed within nine months after the invoice date shown on the invoice.

13) In the event of any claims or disputes of any kind, buyer agrees to submit any such claims or disputes to arbitration in Miami, Florida pursuant to the Arbitration of Claims and Disputes provision set forth in this auction invoice.

14) Buyer shall be solely responsible for all storage charges arising from customer's failure to comply with the Terms & Conditions of this invoice. Buyer shall be liable for the maximum storage charges permitted by applicable law.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Park West Galleries - Thomas Kinkade Gallery® Web Site are: Copyright 2010 by Park West® and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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