Terms and Conditions

Thanks for your interest in Carmen Guedez Original Art!

By using this Website you agree to these terms and conditions. Your use of this Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, email us through the Contact page.

Use of this Website

This Website is owned and operated by CG Modern Art LLC. In these Terms and Conditions, CG Modern Art LLC is referred to as the “Seller”, “us,” or “we.”

This Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving art goods and services and/or to otherwise transact business with CG Modern Art LLC. No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer.

The contents of this Website, including its domain, subdomains and blogs are protected, without limitation, pursuant to U.S. and international copyright, The Berne Convention and trademark laws. You are granted a non-exclusive, non-transferable, revocable license to access and use the site strictly in accordance with this agreement; to use the site, solely for internal, personal, non-commercial purposes. Material on this site, including text, logos and images, may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use or with CG Modern Art LLC permission. In order to request permission, please contact us. In any case, you must retain intact all copyright and other proprietary notices. Modification of this material or the use thereof for any other than a personal purpose constitutes a violation of intellectual property right and trademark that belong to cgmodernart.com. No print out or electronic version of any part of the website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Harassment in any manner or form on this Website, including but not limited to via e-mail, contact messages, modifying this Website code without our consent, or by use of obscene or abusive language, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the site any content which is derogatory, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

This website covers a wide range of art and subject matter, is generally uncensored, and may include visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any content that you think is or may be inappropriate for them.

We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. cgmodernart.com uses cookies to track user traffic patterns (as described above).

You can refuse cookies by turning them off in your browser. If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site.

Copyright and Trademark

The entire content of this website, including but not limited to text, graphics, icons, artwork images, service marks, trade names, logos and other proprietary information is copyrighted under the United States, The Berne Convention and other trademark and copyright laws. All of the above may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use or with our permission.

Buying

In order to purchase paintings and other products offered by CG Modern Art LLC, the Buyer will be re-directed to a secure PayPal site. This guarantees a safer and secure transaction for the Buyer and Seller. By clicking the Checkout or “Pay Now” button, Buyer will agree to the policy and these “Terms” indicated by this Website.

Payments

Debit/credit cards and bank account transactions are accepted through PayPal. PayPal uses a SSL technology to keep the information safe. This Website does not collect any debit, credit card, bank account or any other payment information. Every payment transaction is securely protected by PayPal, and its terms and conditions apply. For more information, visit Paypal.

Shipping and Handling

All paintings are carefully packed and include insurance to cover any loss or damage. Original Paintings are shipped usually 2-3 business days after payment is received and cleared to the shipping address listed in PayPal. CG Modern Art LLC is not responsible for shipping delays or omissions caused by the carrier or the Buyer’s country’s custom. Shipping rates are estimated per location. Some oversize paintings and/or international countries may require extra shipping charges. In such cases we will notify the Buyer by email for approval before shipping.
During Holidays, orders may take slightly longer to process due to busy season.

Taxes and Import Fees

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on this Website, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions.

Buyer is responsible for all taxes and duties. Import duties, taxes and charges are not included in the item price or shipping charges. These charges are the buyer’s responsibility. Buyer must check with his/her country’s customs office to determine what these additional costs will be prior to buying. These charges are normally collected by the delivering shipping company or when Buyer pick the item up. If the customer refuses to pay these import fees, in most cases the shipment will be abandoned in the destination country and destroyed by customs or the carrier. In this case, we will be unable to issue a refund to the customer for the purchase or shipping. Law requires CG Modern Art LLC to declare the full value (purchase price) and purpose (Commercial) of products on any waybills or customs documentation. We cannot declare a lower value on your package than the purchase price that you paid, and cannot designate it as a “Gift” or “Sample”. North Carolina residents pay sales tax.

Returns and Refunds

For information about returns and refunds, visit Returns and Refunds.

Electronic Communications

You consent to receive communications from us by email. For more information, visit Privacy Policy.

Coupons and Promotions

Coupons may be redeemed only in this Website. Coupons cannot be combined with any other offer, specials or discount unless it is stated on in this Website. Only one code may be used per transaction. Coupons may be redeemed only during the days and time and for the exact products it indicates. Coupons cannot be applied to past purchases. No negotiable or redeemable for cash.

Images

Carmen Guedez paintings are photographed with a high resolution camera to ensure accuracy. Different monitors may display the colors of the image slightly differently. Images are for personal and non-commercial use only. In case you want to use an image in a publication, advertisement or commercial use, please contact us.

Printing Products

CG Modern Art LLC reserves the right to reproduce, publish, licensed, publicly display, prepare derivative works of, market, sell and distribute any kind of print products of Carmen Guedez paintings; including without limitation, cards, canvas, paper, posters, mugs, totes and other merchandise, and cannot be reproduced by anybody without Carmen Guedez written permission.

Custom Art Request / Commissions

Buyer, who orders a commissioned Artwork, understands that because each Artwork is hand-made, each original is unique and never an exact duplicate of another. Information about how to order a custom artwork can be found in Custom Art Request.

Guest Posts

The views and opinions expressed in guest articles or posts are those of the guest authors and do not necessarily reflect the opinions and views of CG Modern Art LLC as a whole. To the best of our knowledge these posts are interesting and educational, however, we have no control over their content and links. The accuracy, completeness and validity of any statements made within these articles are not guaranteed. We accept no liability for any errors, omissions or representations. The copyright of their content belong to the authors and any liability with regards to infringement of intellectual property rights remains with them.

Errors

In the event an error in price or description is mistakenly listed on this Website, Seller reserves the right to refuse and/or cancel any transaction. A refund will be processed if payment was received.

Fraud

Buyer may not purchase under a false name, false id, or use an invalid or unauthorized credit card. Such fraudulent conduct is a violation of federal and state laws.

Disclaimer of Warranties

CG Modern Art LLC makes no representations or warranties of any kind, expressed or implied, with respect to the website, any transactions or messages conducted on or through the website and any property offered on the website which are for use “AS IS” and “AS AVAILABLE.” All warranties express or implied, including without limitation: a) implied warranties of merchantability and fitness for some particular purpose with respect to the contents of this Website and any website to which it is linked or partnered; b) that its contents will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error and; c) any implied warranty whether or not arising from the negligence of cgmodernart.com to the full extent permissible under applicable law; all of these warranties are hereby disclaimed. You expressly understand and agree that use of the site and the services and products is at your sole risk.

Contact

Any comment or question relating to any transaction conducted through this Web site should be directed through the Contact page.

Queries

Any queries relating to these Terms and Conditions should be directed through the Contact page.

Privacy and Cookie Policy

Your privacy and satisfaction is very important to us. For more information, visit Privacy and Cookie Policy.

Indemnity

By using this Website, services and products, you agree to indemnify, defend, and hold harmless CG Modern Art LLC, its officers, directors, employees, agents, partners, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Terms and Conditions agreement or any transaction conducted on or through this Website (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Indemnification costs shall include any costs incurred in the enforcement of the foregoing.

Agreement

This Terms and Conditions constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.