By entering into and reviewing and/or making purchases from the Darick Robertson Studios website, you agree, accept, and consent to these Terms and Conditions. Since these Terms govern your activities on the website, you are encouraged to read them carefully, as you are bound by them, whether you read them or not.
These Terms and Conditions were last updated on July 26, 2019. Darick Robertson Studios reserves the right to change, update, alter, amend, and/or modify these terms in its sole discretion at any time, without notice to users. Darick Robertson Studios is not obligated to give notice every time it changes any aspect of these Terms. It is your responsibility to review these Terms regularly to ensure compliance.
a. “Website” means https://darickrobertson.com/ and associate webpages of, about, and by Darick Robertson Studios.
b. “Company” refers to Darick Robertson Studios, and may be referred to in these Terms as “we”, “us”, and “our”; and any related entities owned in whole or in part by Darick Robertson.
c. “User” refers to any person, business, or other entity; this may include users who are browsers, vendors, customers/clients, merchants, and/or contributors of content that may visit or use the Website.
d. “Client” refers to any person, business, or other entity that may purchase Work from us.
e. “Terms” represents this set of terms and conditions.
f. “Work(s)” means photographs, illustrations, images, 3D assets, templates, or other pictorial/graphic work or other goods or services that you may commission or purchase through the Website of the Company.
2. Governing Law. These Terms and any separate agreements shall be governed, where appropriate, by the laws of the State of California, and The United States of America.
3. Acceptance of Terms. By visiting the Website, User(s) accepts these Terms – in their entirety, including any additional terms, conditions, or policies contained within the Website. Additionally,
a. User represents they are at least the age of majority in their state, province, or country of residence, or that they are the age of majority in their state, province, or country of residence and have given any of their minor dependents consent to use the Website.
b. User agrees that User will not attempt or complete any action to transmit any worms, viruses, or other code of a destructive nature, which in any way disrupts the normal operation or any use of the Website.
c. Any violation of these Terms will result in an immediate termination of User’s permission to use Website and/or any services provided by Website or Company. Violators may also be subject to other legal process to recover damages if warranted.
d. User(s) agree not reproduce, duplicate, copy, sell, resell, or exploit any portion of Website without our express written permission, which may be withheld for any reason.
e. User(s) agree to indemnify, defend, and hold harmless Company and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, subcontractors, licensors, service providers, suppliers, employees, and interns, from any claim or demand, including reasonable attorney’s fees and/or costs of suit, made by any third-party due to or arising out of your breach of these Terms or any terms, conditions, or policies they incorporate by reference, or your violation of any law, including the rights of a third-party.
f. We reserve the right to refuse service to anyone for any reason at any time.
5. Copyright. Unless otherwise expressly granted in writing the Client will not receive a copyright for the Work. Copyright of Work will be retained by the Work’s respective copyright holder(s), which may not be us. This means that Users, whether they have purchased any Works or simply reviewed them on the website, may not make any copies of the Work, may not grant or authorize the granting of any license to make use of the Work, whether a for-profit or non-profit use, without the express written advance permission from the Company of the rights to use the Work. No transfer of copyright rights is granted under any transaction a User may have with Company. No grant of a derivative right of copyright is made by any transaction a User may have with Company.
6. Accuracy. Company is not responsible of information on Website. On rare occasions due to typographical or human error the information provided on Website may be incorrect, incomplete, or no longer current. This may include product descriptions, pricing, promotions, offers, product shipping rates, transit times, and availability. Company shall make no obligation to update, amend, or clarify information on Website, except as required by law. User should contact firstname.lastname@example.org if they have any questions regarding information accuracy.
a. Company will not honor an incorrect price due to typographical or human error. We reserve the right to cancel any order due to inaccuracies, including, but limited to: price, quantity, shipping rate, and availability.
b. Company reserves the right to modify Website at any time including product prices. These changes may occur without notice to User(s).
c. Certain content, including third-party links may take Users away from Website. We are not responsible for examining or evaluation the content or accuracy of any third-party materials. We do not warrant and will not have any liability or responsibility for third-party materials, websites, products, or services. We are further not liable for any harm or damages related to the use of any third-party links, content, material, products, or services. It is User’s responsibility to review policies, terms, and conditions of respective third-parties. Users shall direct any concerns, complaints, or claims at the respective third-party.
7. User Submissions. User submissions may include, but may not be limited: product reviews, comments, feedback, or other transmissions made from a User to Website.
a. Company is under no obligation to post, re-post, and/or maintain any User comments in confidence, nor to compensate User in any way for any comments/submissions, or required to respond to any comments/submissions.
b. Users are solely responsible for the content, validity, and/or accuracy of their own submissions. Company takes no responsibility and assumes no liability for any User submissions.
c. Users agree that their submissions will not violate the right of any third-party, including copyright, trademark, privacy, and/or any personal or proprietary rights. Users further agree that their submissions will not contain libelous, unlawful, abusive, inflammatory, pornographic, or obscene material. Additionally, Users will not transmit any data that may contain any computer virus, malware, or other code of destructive nature.
d. Users will not use false email address(es), pretend to be someone else, or otherwise mislead us when providing any submissions.
e. Company may, but has no obligation to monitor, edit, or remove content that may be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, and/or violates any party’s intellectual property or these Terms.
f. Users agree that their submissions will not contain any material which is not original to them, and/or is the property of any third-party, unless that submission is accompanied by a verifiable license from the owner of that content authorizing its use by User.
8. Restrictions. Client must not Work in a pornographic, erotic, explicit, defamatory, or otherwise unlawful manner.
9. Product Availability. Company reserves the right at any time to modify inventory resulting in limited or no product availability.
a. Company further reserves the right to change the price, description, image(s) of products/Work at any time.
b. Certain Work, including Original Work, may have limited quantities.
10. Purchases. Company reserves the right, but it not obligated, to limit the sale(s) of our products and/or Work to any person, geographic region, or jurisdiction. We may exercise this right on a case by case basis.
a. We reserve the right to refuse any order you place with us. If we refuse an order, Client will be refunded any payment or remittance toward a refused order.
b. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders using the same Client, billing information, address, and/or account. This further includes orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
c. In the event an order is cancelled or limited we will make reasonable efforts to contact client via the email provided during the purchase transaction within seven (7) business days of cancelation or limitation.
d. Clients agree to provide complete and accurate information for all purchases. This includes, but may not be limited to: complete name, billing address, shipping address, and billing information. Unless otherwise stated on the product page, all orders must be paid in full upon purchase. Company is not responsible for any delays caused, or transaction failures caused, by inaccurate or incomplete Client information.
11. Payment. Unless otherwise stated, all prices and transactions are conducted in United States Dollar (USD $). Client will remit payment in full for Work upon purchase. No Work will be delivered until full payment is received.
12. Processing. Purchased Work will be signed and may be personalized upon request. Generally, Work is shipped within three business days of purchase. Travel, conventions, personal appearances, or other circumstances may result in processing being delayed. In the event of an anticipated delay, once Company becomes aware of a delay, Company will contact Client via the email provided during the purchase of Work as soon as possible and will provide an estimate for when the Work(s) will be shipped. Prospective clients may contact the company at email@example.com to inquire about current processing times prior to purchasing.
13. Force Majeure. Company shall not be in default of these Terms or liable for any loss or damage of any kind resulting from any delay or failure to perform its responsibilities under these Terms due to causes beyond its reasonable control, including without limitation any shortage of material labor dispute or strike, acts of God, weather conditions, war, embargo, fire, flood, riot, failures or fluctuations in electrical power, heat, light, air conditioning, or telecommunications equipment.
14. Refunds. It is the policy of Company not to issue refunds, however the following exceptions may be granted on a case by case basis at the sole discretion of Company:
a. Unfulfilled Orders are orders that have not shipped. Unless otherwise stated on the product page of the Work purchased, Client may submit a request to cancel an unfulfilled order. IMPORTANT: the order must be unfilled in order to be canceled. If the unfulfilled order is canceled, Company will issue Client a refund in full, less any nonrefundable deposits or fees, to the payment method used during the original purchase transaction.
b. Fulfilled Orders are orders that have shipped, been delivered, or picked up in person. Original Work sales are FINAL. Original Work pieces are one of a kind and cannot be replaced. Company strives to provide the best image(s) and description possible on the product page so a prospective Client knows exactly what they’re purchasing before they purchase. Company cannot guarantee that Client’s device or monitor will accurately display or reproduce color of any Work. Therefore, we can not and do not warrant that any Work will meet Client’s expectations, If a prospective Client has any questions or concerns about the nature or qualities of a Work, they should pose any questions to Company at firstname.lastname@example.org before making a purchasing decision.
c. Exceptions. Certain Work, such as original commissions, may have their own refund or cancellation policy. These policies will be published on the product page of the Work and will supersede the refund and cancellation guidelines in these terms. Please read and understand those terms prior to making a purchasing decision.
15. Replacements. Original Work pieces are one of a kind and cannot be replaced. All Work is shipped with tracking and signature confirmation upon delivery. Domestic shipments within The United States of America are insured. Upon receipt of Work, please inspect all contents to confirm you have received the correct item(s) in pristine condition. Despite extensive care and robust packaging damage may still occur during shipping.
a. Company will work with Client(s) on a case by case basis to resolve instances of damaged or missing items. There is not a “one size fits all” resolution for these issues and outcomes will vary from case to case depending on a number of factors including, but not limited to: location, insurance, value of Work, and cause of the loss/damage.
b. All work is shipped via The United States Postal Service. Upson shipment of Work, Company relinquishes any and all responsibility for any loss or damage that occurs while Work ships to Client. In the event of loss or damage during shipping, it is the responsibility of Client to process a claim with The United States Postal Service within 60 days of Work being shipped. Company will purchase insurance and tracking for domestic shipments within The United States of America. Company will purchase tracking, but will only purchase insurance for international shipments upon request via email to email@example.com. For Works of significant value, international Clients should consider obtaining shipping insurance to cover losses. Company is not responsible for customs fees, duties, or taxes.
c. Company will only consider issuing a refund or offering an exchange after any applicable insurance claim(s) have been settled and paid. Please be advised Company has no way to control processing times for insurance claims.
d. If any Work is missing due to the error of Company, please email firstname.lastname@example.org. The missing Work(s) will be sent at Company’s expense within a reasonable amount of time after receipt of notice. Please be advised. Travel, conventions, personal appearances, or other circumstances may result in processing being delayed. In the event of a delay, Client will be notified via email with an anticipated shipping date.
16. Preexisting Damage. Original one of a kind Work may not have aged gracefully and may have damage that predates the purchase of Work. This damage may include, but is not limited to: creases, folds, wrinkles, stains, or damage caused by aging such as yellowing of the medium, running of ink, etc. Any preexisting damage to any Work will be highlighted on the product page and be listed as damaged. All such transactions are “As-is” purchases. Client accepts any and all preexisting damage by purchasing Work. Any inquiries regarding preexisting damage, including the request of additional images, or videos of damage may be sent to email@example.com. As a reminder, all Original Work sales are FINAL. Clients are encouraged to contact Company if they have any concerns.
17. Dispute Resolution. Jurisdiction and Venue. Terms shall be governed by the laws of the State of California applicable to contracts made and to be performed wholly within such state, without regard to principles of conflicts of laws. User hereby irrevocably and unconditionally consents and submits to the in personam jurisdiction of any court in Napa County, California having jurisdiction over matters relating to these Terms. Such courts shall be the exclusive forum for the resolution of any and all disputes between the parties in any action or proceeding hereunder may be made upon such party by email, to the address of User. If it becomes necessary for any part to commence any proceeding or action to enforce the provisions of these Terms, either seeking injunctive relief or damages, the prevailing party shall also be entitled to recover all reasonable attorney’s fees, court costs, and other expenses incurred in connection therewith.
18. Entire Agreement. These Terms are the entire agreement of the parties with respect to the subject matter hereof and supersedes all existing agreements and all other communications, written or oral. No purchase order or other form of the Client will modify, supersede, add to, or in any way vary the terms of these Terms.
19. Contact Information.
a. Email: firstname.lastname@example.org
b. The following address is used for web store related business only and is not a retail location:
Darick Robertson Studios
PO Box 6832
Napa, CA 94581