GENERAL DISCLAIMERS
TERMS AND CONDITIONS OF SALES AND PURCHASE AGREEMENT
1. All goods are guaranteed authentic for life unless altered. If they are deemed not authentic by either a major auction house or the studio/estate of the artist, you are entitled to a refund in full. Proof of authenticity or otherwise must be provided in writing from at least one of the sources previously listed. Goods are not refundable on any grounds other than authenticity. We do not offer either a "cooling off" period, nor the right to return items within any period of time.
2. Returns must be shipped prepaid and insured for the full invoice value of goods. Returns must be received by us in perfect condition and in the original unaltered packaging. We will not accept any returned goods that have been altered. Poorly packaged and/or unauthorized returns will be refused and returned to sender.
3. Any damage to the art in shipping will be absorbed by us and the art will be replaced to the client, if available. If an edition of the art is not available, you will receive a full refund. In the event of an item arriving with condition issues. The item will be replaced. In instances where the item can be repaired to “as new” condition where the value of the art will be unaffected. Should the repaired item be unacceptable to the buyer it will be replaced where possible. In the event that the item can be neither repaired to brand new condition nor replaced, a credit will be issued. Items cannot be returned for credit unless repair or replacement are not possible.
4. Our delivery dates are approximate and cannot be guaranteed. We will try to advise you in advance if your order will be delayed. We will not be held responsible for any shipping delays that are beyond our control.
5. Every care is taken to ensure that goods are not damaged during shipping. All expenses relating to packing and shipping are the responsibility of the buyer. All shipping quotes cover fine art packaging.
6. Title of ownership does not pass to the buyer until cleared funds have been received in full.
7. Buyer is solely responsible for any state sales tax, international import taxes and duties.
MIRRORBALL GALLERY POLICIES
Terms of sale
The below terms apply to any in person or offsite purchase through the Gallery and orders placed through MirrorballGallery.com (the "Website"). Please read these terms carefully before an order is submitted.
Photograph and Pricing Information
While we try to ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. All descriptions of items, item pricing, and item availability are subject to change at any time without notice, at the sole discretion of us. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order). We have done our best to display as accurately as possible the colors and materials of the products shown on the Penland Gallery website. However, because the colors you see will depend on your monitor, we cannot guarantee all colors will be completely accurate and true.
All images displayed on the Website are sold with a condition report and "As-Is" and "With All Faults." Please feel free to request additional pictures and reach out to hello@mirrorballgallery.com with any questions regarding the condition of a particular photograph prior to purchasing.
Disclaimer
Mirrorball Gallery does not make any guarantee, warranty, or representation, expressed or implied, to any buyer with respect to any photograph, including without limitation as to its condition, merchantability, non-infringement, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, or historical relevance. No statement anywhere, whether oral or written, shall be deemed as such a guarantee, warranty, or representation. This does not affect the statutory rights of consumers that may apply depending on the
jurisdiction in which the consumer is located.
Payment and Taxes
Payment is in United States dollars and is taken through our electronic payment provider, Square, at the time the order is placed. Most major credit and debit cards are accepted forms of payment. An invoice must be paid in full prior to shipping. Applicable United States sales tax will be automatically calculated by Square and added to the final total at checkout.
Any artwork(s) shipped internationally may be subject to further export, import, and customs duties or international taxes. This will be the buyer's responsibility upon arrival to customs clearance. Customs will contact the buyer directly to pay the associated costs. Once payment is received in full, the package will be released to the carrier to deliver to the shipping address provided.
Shipping and Handling
Shipping is calculated based on weight, size, and shipping address. Any shipment of a works larger than 30 x 30 inches or to an international address will be calculated and invoiced after the sale. We will use reasonable efforts to be in touch within 24 to 48 hours of the online purchase. Shipping lead times can vary depending on number of different factors. Please reach out to hello2mirrorballgallery.com for any questions or concerns, or if rush delivery is required. We will attempt to answer emails within 24 to 48 hours on business days.
Prior to shipping, an email will be sent to the buyer with the shipping date and approximate delivery date. This delivery date is only an estimate. A tracking number will be provided once shipment is confirmed and the order has shipped. We cannot guarantee that any shipment will arrive by a certain date and are not liable for any delays in the delivery of an order.
All orders will require a signature to acknowledge delivery. If no one is available at the address to sign for the delivery, the carrier will leave a note and attempt delivery again or the package can be collected from a local depot. If a second attempt to deliver the package fails, the gallery will reach out with further instructions. Additional fees may apply for any further delivery costs associated with the delay.
If you wish to make a change to the purchase before it is shipped, please contact us as soon as possible. If the change is possible, we will update you of any changes to the price of the purchase(s), the timing of delivery, or anything else which would be necessary as a result of the requested change and ask the buyer to confirm whether to move forward with the change.
Please inspect the purchase(s) upon delivery. If the purchase(s) received are damaged or incorrectly supplied, please inform the gallery by email or phone. Instructions will be provided at that time to return the purchase(s). Risk and responsibility for any loss or damage to the purchase are passed to the buyer upon possession.
Returns
All sales are final. However, if you are unhappy for any reason, please contact the gallery within twenty-four (24) hours of receipt. Client satisfaction is integral to Mirrorball Gallery’s business model, and we will attempt to address your concern, which may or may not include (in our sole discretion) issuing a refund or credit. If we choose to issue a refund, we will provide instructions to return the purchase(s). The photograph(s) must be returned in the original condition they were sent. Pending the inspection of the purchase(s), we will process any refund that we approve less shipping charges to the original card, subject to the requirements of the electronic payment provider.
Website Usage
All photographs & information are the property of Mirrorball Gallery and/or the artist. Please ask permission before using information from our site. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not misuse this website. In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website for violating any of the prohibited uses.
Indemnification
You agree to indemnify, defend and hold harmless MirrorballGallery.com and all directors, officers, employees, consultants, agents, and affiliates, from any third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms & Conditions.
Additional Terms and Questions
Certain products that you purchase on or through the Website may be subject to additional terms and conditions presented to you at the time of your purchase. At any step in the sales process, our team of sales associates are here to help you. Please reach out to hello@mirrorballgallery.com with any questions you may have.