Manuela Valenti Studio & Gallery, a Manuela Valenti, LLC company ("MVStudioGallery"), provides the following Terms & Conditions "Terms" which apply to all visitors and users of this website, our partner sites or mobile sites (collectively, the "Website") governed by these "Terms". We may refer to our brands and business as "we", "us" or "our" through the "Terms". By using the "Website", the "User" accepts these "Terms". We may refer to "User" as "you". In addition, when "User" uses any current or future "MVStudioGallery" service or business (e.g., My Account, Gift Cards, e-Gift Certificates, Wish List, Reviews, Testimonials, Affiliate Program, Blog, Daily Paintings) "User" will also be subject subject to these "Terms" applicable to such service or business. If these conditions are inconsistent with such "Terms", the "Terms" will control. In the event of a violation of these "Terms", we reserve the right to seek all remedies available by the Law.
Suggestions, Comments, Feedback
"User" is welcome to submit suggestions, comments via "Website" contact us page. By submitting any content "User" warrants the content provided is accurate and that "User" holds rights of such content. We may, but are not obligated to use in any way we see fit, any ideas, concepts, know-how, text, photographs, images or techniques ("User Submissions") contained in any communication you send through the "Website" or provide to us for any purpose, including but not limited to, advertisings, promotions, entertainment, commercial purposes, marketing, design and developing of new products. By submitting any content, images or feedback "User" grants "MVStudioGallery" a non-exclusive, royalty free, perpetual and irrevocable right to use, reproduce, edit, alter, copy, publish, modify, disclose, display, remove, make derivative works from, distribute, perform, broadcast or otherwise exploit the "User Submission" in whole or in part, in any way, form and media or technology now known or hereafter developed, all without any payment to, or further authorization by you.
You understand such "User Submissions" may be accessed and viewed by others, including the general public and whether or not such "User Submissions" are published, "MVStudioGallery" does not guarantee any confidentiality with respect to any "User Submissions".
Privacy Policy
To review our Privacy Policy part of these Terms & Conditions please visit www.manuelavalenti.com/index.php?main_page=privacy
Shipping Policy
To review our Shipping Policy part of these Terms & Conditions please visit www.manuelavalenti.com/index.php?main_page=shippinginfo
Returns & Refunds Policy
To review our Returns & Refunds Policy part of these Terms & Conditions please visit www.manuelavalenti.com/index.php?main_page=returns
Customer Accounts
Customer Account Registration: An account can be created at any time by "User" to place orders, for easy login, store shipping addresses, to maintain love lists for family and friends, to check the status of orders placed, to verify and track orders and to enroll in our affiliate program. When you the "User" registers for an account you are requested to provide a password and your personal information. Your financial information cannot and will not be stored in your account or our servers. You the "User" are responsible for maintaining the confidentiality of your login ID and password and are responsible for all activities that your account can incur. Accounts require approval prior to browsing or shopping.
Flagged Customer Accounts: A customer account can get flagged or banned for any of the following reasons:
- An account was created without the authorization of the "User",
- False or unverifiable information was used during the creation of the account,
- Suspicious credit card activity.
Abandoned or Inactive Accounts: Accounts that have been inactive or that have not been logged on for a period of twelve (12) consecutive months, will be permanently deleted from "our" servers, without notice.
Product Reviews and Testimonials
"User" may post reviews and testimonials, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a any content. "MVStudioGallery" reserves the right (but not the obligation) to remove or edit such content.
If "User" does post content or submits material, we may, but are not obligated to, use-in any way we see fit-any ideas, concepts, know-how, text, photographs, images or techniques contained in any communication "User" send to the "Website", and unless we indicate otherwise, "User" grants "MVStudioGallery" a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. "User" grants "MVStudioGallery" and sub-licensees the right to use the name that you submit in connection with such content, if they choose to do so. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify "MVStudioGallery" for all claims resulting from content you supply. "MVStudioGallery" has the right but not the obligation to monitor and edit or remove any activity or content. "MVStudioGallery" takes no responsibility and assumes no liability for any content posted by you or any third party.
Our Products
All features, specifications, products and prices of products and services and availability described on this "Website" are subject to change at any time without notice. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any "User". We have made every effort to display as accurately as possible the colors of our products that appear on the "Website". The actual color you will see will depend on your computer monitor and how accurately displays color.
Payment:
All sales throughout this website are made in US$.
Pay by Credit Card: US and International "Users" have the option of paying with Visa, Master Card, American Express and Discover. To pay with your Credit Card enter your Credit Card information in the Payment area during checkout. All Credit Card transaction are encrypted and processed online through a Secure Socket Layer (SSL) Connection. No Credit Card information is kept or stored in our servers. Purchases must be made on the "Website" and the option to pay via Credit Card selected at checkout. Your purchase will appear as "MVALENTILLC" in your credit card statement.
Pay by Mail-in Order: US "Users" have the option of paying with Personal/Business Checks issued by US Banks or Money Orders issued by the Unite States Postal Service. To pay via Mail-in Order purchases must be placed on the "Website" and the option to pay via Mail-in Order be selected at checkout. For security reasons we do not accept Personal Checks or Money Orders from Western Union. Mail-in Orders need 7-10 business days for checks to clear the bank before orders can be shipped.
Pay by SquareUp: SquareUp.com customers can request to be invoiced via SquareUp.com for any purchase made on the "Website". Purchases must be placed on the "Website" and the option to pay via SquareUp be selected at checkout. An invoice via SquareUp will be emailed to the "User".
Pay with PayPal: US and International "Users" have the option of paying with PayPal. Because of irregularities we're no longer accepting PayPal payments.
* Currently we do not accept Pay-by-Phone calls.
Taxes:
A 6% sales and use tax will be applied to all orders placed in the state of Michigan.
Gift Cards and e-Gift Certificates:
Manuela Valenti Studio & Gallery Gift Cards (Biodegradable Gift Cards) and e-Gift Certificates (Electronic Gift Certificates) are issued by "MVStudioGallery". We do not charge any dormancy fees, penalty fees or replacement fees for lost or stolen Gift Cards. Your funds will be available always in your account. Manuela Valenti Studio & Gallery Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except in states where required by law. Unused Gift Card balances in an another account may not be transferred. Resale of Manuela Valenti Studio & Gallery Gift Cards is strictly prohibited.
Manuela Valenti Studio & Gallery Gift Cards and e-Gift Certificates may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless prior written approval is requested.
Manuela Valenti Studio & Gallery Gift Cards and e-Gift Certificates can be reloaded. Manuela Valenti Studio & Gallery Gift Cards and e-Gift Certificates can be reloaded online at the "Website" by purchasing a reload amount.
Gift Cards or e-Gift Certificates are only redeemable online at the "Website" towards the purchase of eligible products. Gift Cards and e-Gift Certificates cannot be used to purchase other Gift Cards or e-Gift Certificates or applied to any other containing another Gift Card or e-Gift Certificate. Manuela Valenti Studio & Gallery reserves the right to cancel any order if a Gift Card or e-Gift Certificate is used to purchase more Gift Cards or e-Gift Certificates. Purchases are deducted from the Gift Card or e-Gift certificate balance. Any unused balance will be placed in the recipient's Gift Card or e-Gift Certificate account when redeemed. If an order exceeds the amount of the Gift Card or e-Gift Certificate, the balance must be paid with a credit card or other available payment method. To view e-Gift Certificate balances, visit your account at the "Website".
"MVStudioGallery" will have the right to close "User" accounts and bill alternative forms of payment if a fraudulently obtained Gift Card or e-Gift Certificate is redeemed and/or used to make purchases at the "Website".
Lost or stolen Gift Cards cannot be replaced without the original receipt. If your Gift Card is lost or stolen, immediately contact us. Your Gift Card will be cancelled and we will issue a new one with the remaining balance. "MVStudioGallery" shall not be liable for (i) lost or stolen Gift Cards or (ii) use of any Gift Cards or e-Gift Certificates by third parties through "Users" account. "User" is solely responsible for keeping its password for "Site's" account safe and for any activity conducted under "Users" account.
When "User" purchases, receive, or redeem a Manuela Valenti Studio & Gallery Gift Card or e-Gift Certificate, you agree that the laws of the State of Michigan shall govern these Terms and Conditions, without regard to principles of conflict of laws.
Discount Coupons, Vouchers and Promotional or Promo Codes:
- Discount Coupons/Vouchers/Promo Codes cannot be used on already discounted products. "MVStudioGallery" reserves the right to cancel any order where a discount coupon, voucher or promo code has being used on already discounted products or specials due to a human or technical error on the "Website".
- Discount Coupons/Vouchers/Promo Codes values, expiration date and restrictions are specified on the Discount Coupons/Vouchers/Promo Codes and can be verified online at www.manuelavalenti.com/index.php?main_page=discount_coupon.
- Discount Coupons/Vouchers/Promo Codes are valid only online at the "Website" and cannot be redeemed through any of our distributors.
- Limit one coupon per household per purchase.
- Discount Coupons/Vouchers/Promo Codes are not valid on taxes, shipping & handling or any other charges.
- Discount Coupons/Vouchers/Promo Codes may not be combined with other offers or sales.
- Discount Coupons/Vouchers/Promo Codes cannot be replaced if lost or stolen.
- Discount Coupons/Vouchers/Promo Codes are not redeemable for cash and do not abide by the Credit Card Act.
- If a Discount Coupons/Vouchers/Promo Codes is used and your entire order is cancelled or rejected, or if you return all items in your order, you will be refunded the actual amount paid and your coupon will no longer be valid.
- "MVStudioGallery" reserves the right to discontinue or invalidate a coupon, voucher or promotional code at any time and for any reason.
Affiliate Program:
"User" has the option to join our Affiliate Program ("The Program") at any time. "The Program" is governed by its own Affiliate Program Terms and Conditions ("Affiliate Terms") in addition to these "Terms". The "Affiliate Terms" can be found at www.manuelavalenti.com/index.php?main_page=referrer_signup.
Certificate of Authenticity
Every original painting and limited edition print purchased directly from the studio/gallery of artist Manuela Valenti comes with a Certificate of Authenticity hand signed by the artist which includes the information of the artwork along with the Studio Registration Number that matches the painting. This registration number is found printed on the back of the canvas.
Copyright & Trademark Notice
Manuela's "MVStudioGallery" works are protected by both The World Intellectual Property Organization (WIPO) which is administered by The Berne Convention for the Protection of Literary and Artistic Works of all international copyright agreements and the Library of Congress of the United States of America. "MVStudioGallery" holds exclusive rights over her artworks, photographs, web design, and text. Any attempt to copy or reproduce or to create derivative works from any the works of art, paintings, photographs or graphics on this website or any of the websites holding works by the artist will be legally prosecuted as stated by law. You may print a hard copy of your order for your records only. You are not authorized to copy or reproduce any of the original paintings you have purchased from this site. Owning an original does not grant to the new owner the rights to reproduce, copy, distribute or display the painting in any public display without the written consent of the artist. For more information on copyright law please visit www.copyright.gov
"MVStudioGallery" retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images registered and/or common law trademarks of "MVStudioGallery", "Manuela Valenti, LLC and other companies affiliated with these companies, and they are protected by Federal US and International Laws. No license to the use of such marks, names or trademarks is granted to the "User" under these "Terms" or by your use of this "Website" By visiting and shopping on this website you agree the content of this website, including images, text, logos and trademarks is property of Manuela Valenti, LLC dba Manuela Valenti Studio & Gallery are protected under Federal U.S. and International Copyright and Trademark laws. Reproduction of its content in whole or in part is not permitted without written consent or authorization by "MVStudioGallery". "MVStudioGallery" reserves the right to prosecute or seek damages against organizations or individuals found to be displaying or having contributed to the display of content from this "Website" without prior written permission.
Unauthorized use or duplication of material from the "Website" will be regarded as a violation of the federal copyright law. Manuela Valenti, LLC and Manuela Valenti Studio & Gallery reserves the right to take legal action against any individual or organization to rectify the copyright and trademark infringement of its materials. "User is also advised that we may aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution. We have a no-tolerance policy regarding the use of our trademarks or names (e.g. of Manuela Valenti Studio & Gallery, MVStudioGallery, MVStudio, or Manuela Valenti) in meta-tags and/or hidden text. The use of our trademarks or names in meta-tag keywords is considered trademark infringement, and the use of trademarks or names in page text, meta-tags, and/or hidden text for purposes of gaining higher rankings from search engines is considered unfair competition and trademark infringement. Linking to any web page on this "Website" is prohibited without our express written permission. Associating our "Website" or its "Materials" with advertisements and/or other information not originating from our "Website" is expressly prohibited.
We do not permit copyright infringing activities on this "Website" by "User". We may remove any content of any kind that a "User" posts to our "Website" if it infringes another's copyright rights. Repeat infringers will be blocked from using our "Website" and posting on our public areas of the "Website". If you are a copyright owner or an agent for such owner and believe that a "User" on this "Website" by third parties infringes upon your copyrights, you may contact us.
Mobile Website:
We make our "Website" available in mobile-friendly format, from no on "Mobile Site". All mobile and smart phones with internet access can make use of "Mobile Site". "Users" with mobile and smart phones also have the option to view the full "Website" available on your PC. Some of the features, special pricing, promotions and sales available on the "Website" may not show or be available on the "Mobile Site".
Limited License and Electronic Usage:
The "Website" and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, and images ("Materials"), are protected by copyright laws and other U.S. and international laws and treaties. The "Materials" are provided through this "Website" as a service to its current and prospective "Users" and may be used only for personal, informational, and product ordering purposes. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the site strictly in accordance with this agreement; (b) to use the site solely for internal, personal, non-commercial purposes; and (c) to not print out information from the "Website". You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this "Website" or any of its "Materials" without our prior written permission. You may not 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 or on your personal blog or website without prior written consent. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these "Materials" is strictly prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us, as applicable by Federal Copyright Law.
The use of the image tags on this website to display the images on other website (hot linking) not authorized in written by "MVStudioGallery" is strictly prohibited. Doing so infringes on our copyright and is also considered bandwidth theft.
We do not warrant the function or malfunction of software, services, servers and programs that perform or make possible this website. "MVStudioGallery" does not warrant the "Website" to be error free or that the service will never be interrupted.
Jurisdiction
The "Terms" of this "Website" shall be governed by the laws of the State of Michigan, without giving effect to its conflict of laws provisions. We control this "Website" from our offices in the State of Michigan. "MVStudioGallery" does not imply that the material published on this "Website" is appropriate for use or view outside of the United States of America. If you access this "Website" from outside the United States of America, you do so on your own initiative and at your own risk, and you are responsible for compliance with your local laws.
We may terminate, change, suspend or discontinue any aspect of this "Website" or "Mobile Site", including the availability of any features or services, at any time, for any reason, and without notice. We also reserve the right, to change, modify, add or remove any portion of these "Terms" in whole or in part, at any times, for any reason and without notice. You agree and acknowledge these Terms and Conditions may be changed at any time without prior notice. Your continued access to or use o our "Website" and "Mobile Site" means you agree to these Terms & Conditions and the acceptance of those changes.
This agreement was reviewed and enters in effect in the State of Michigan, on July 1st, 2016.
Refund and Returns:
All sales are final..... but returns are accepted in the case of misrepresentation of the artwork or in the case you didn't like the artwork. We shall guarantee a partial refund from the total amount paid. Shipping, handling and insurance expenses, restocking fee and any other expenses will be deducted from the total amount at the time of receiving the painting in the same condition it left our studio/gallery. The box shall include all the paper work that accompany the artwork including the Certificate of Authenticity. In the case of paintings damaged during shipping please read the term below.
Damaged Items During Shipping:
All works are professionally packaged and insurance coverage is provided with every shipment. If a box shows sign of damage, please notify your carrier immediately, if possible refuse the shipment and request the driver to note all the details. Contact us immediately to report this issue. If you have received a package and the content has being damage, contact the studio immediately. We will provide you with instructions on how to process a claim with your carrier. In both cases you will receive a full refund.
Custom Duties and Taxes for International Orders:
Any custom duties, taxes and any other charge that the country of destination might apply are the responsibility of the customer. The shipping and handling charges do not include any custom duties that your country might impose. We do not mark packages as gifts or samples. This is an illegal practice in the US.
Limited License:
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the site strictly in accordance with this agreement; (b) to use the site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Electronic usage:
The use of the image tags on this website to display the images on other website (hot linking) not authorized in written by the artist is strictly prohibited. Doing so infringes on the artist copyright and is also considered a bandwidth theft. If you would like to promote any the artist's works on this or any of the artists websites and blogs, please request permission by contacting the gallery.
Warranty:
Manuela Valenti Studio guarantees her original works to be absolutely hand crafted by the artist from start to completion. We do not warrant the function or malfunction of softwares, services, servers and programs that perform or make possible this website. Manuela Valenti Studio does not warrant the site to be error free or that the service will never be interrupted.
Liability:
Manuela Valenti Studio shall not be liable under any circumstances for the use or misuse of this site by visitors and shoppers, for the content of this site or for the products on this site.
Typographical Errors:
In the event and error in price or description on the site is spotted, we reserve the right to refuse and/or cancel any order that might have taken place during the removal or correction of the error. If your credit card, PayPal or bank account was charged during this time we will notify you of the error prior to reimburse your payment and cancel your order.
By using our site you agree to our Privacy Policy and our Terms and Conditions.