Terms of service

TERMS AND CONDITIONS OF HARVEST ART GALLERY, LLC

Last Updated: October 27, 2023

PLEASE READ THESE TERMS AND CONDITIONS  CAREFULLY.  THEY DESCRIBE BOTH HARVEST ART GALLERY, LLC’S (ALSO REFERRED TO BELOW AS “WE”, “OUR”, “US”) AND YOUR OBLIGATIONS IN RELATION TO YOUR USE OF OUR WEBSITE, www.harvestartgallery.com, AND YOUR ORDERING PRODUCTS FROM US.  THESE TERMS ARE BINDING ON YOU AND US AND  BY USING OUR WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THESE TERMS AND CONDITIONS AND OBLIGATIONS BELOW.

We reserve the right, in our sole discretion, to modify, alter or otherwise change these Terms and Conditions (“Terms”) at any time.  Please check these Terms periodically for changes.  The Terms that apply to your purchase are the ones that are in effect on the date when you place an order for a product(s) on our website, www.harvestartgallery.com (“Website”).  By accessing or using our Website and/or making a purchase, you are agreeing to be bound by, and to comply with, these Terms as they may be amended from time to time. 

We maintain a separate privacy policy (“Policy”) that covers our collection and use of personal information www.harvestartgallery.com/policies/privacy-policy. You agree to the terms of that Policy, as they are currently published and as they may be amended, modified or changed.

  1. Ordering Products. You may place an order through our Website only if you meet all of the following conditions: (1) you are 18 years of age or older, (2) you are able to make payment to us or our payment processor using one of the payment methods we accept, (3) the information you provide us in the course of using our services and ordering product(s) is true in all respects, and (4) you agree to be bound by our Policy and to be bound by, and comply with, these Terms  which you acknowledge we may modify from time to time.  If you cannot meet all of those conditions, do not place an order.  If you have any questions about whether you comply, or about these Terms, please contact us at support@harvestartgallery.com.  Even if you meet all of the conditions, we reserve the right in our absolute discretion to refuse to allow you to create or maintain an account, place an order or otherwise do business with us, and we may deactivate your account at any time, without notice to you.  After placing an order, we will send you a confirmation.  You should review the confirmation to ensure that it reflects what you ordered and the price you expected to be charged.  If you believe the confirmation does not accurately reflect your order, please contact us at support@harvestartgallery.com.   To get your order to you as soon as possible, we start working on it shortly after you place your order.  As a result, we are only able to give you twenty-four (24) hours from the time you place your order to cancel it.  If you want to cancel an order, please refer to Section 5 below.
  1. Product Variations. Despite our efforts to provide useful and accurate product information, there may be errors in the content on our Website.  Information in user reviews may be inaccurate; they are not reviewed before being posted.  Before you act on information you’ve found on the Website, you should confirm with us at support@harvestartgallery.com any facts that are important to your decision.  For example. there may be situations where a product(s) as shown on our Website may differ in minor ways from what we ship to you.  This can result from our framing suppliers changing the suppliers who provide framing materials to them, minor variations in our digital reproductions, and differences in appearances from actual artwork or pieces based on the quality of our digital reproduction and/or the monitor you are using to view our Website, and other reasons beyond our control.  When changes in to materials used in an order are minor, our policy is to fulfill the order without further notice to you.  You agree that we may make minor variations in your order as described in these Terms and that you will accept and pay for the product(s) with those minor variations.  We are happy to answer any questions you may have about our products.
  1. Availability; Pricing Variations. We do not guarantee the availability of any product shown on our Website which is subject to prior sale, our maintaining the rights we have from the artist or photographer, and to our being able to source the materials and obtain the services needed to complete, get paid for and ship orders. We adjust our pricing from time to time and we do not guarantee the price of a product until we have received payment from you (through our payment processor) at the price shown on the order confirmation.  Prices may change at any time.  Price changes will apply to products for which we have not received payment, including product(s) that may be in your cart. 
  1. Accounts; Ordering Information. You can order products, including gift cards, from us by creating an account or placing an order as a guest.  If you place an order as a guest, the information you give us and how we use it is described in our Policy, as is the information we collect from account holders.  If you create an account, we will ask for your name, email, phone number and a password.    If you create an account, you can make payment for a purchase without storing your payment information or you can allow our payment processor to store your payment information so that you can use it in making purchase(s) in the future.  You are solely responsible for all activity, including orders, placed through your account.  As a result, you should not share your password or store it in a way that might allow others to gain access to it. 
  1. Orders Are NONREFUNDABLE/NONCANCELABLE. Every product we ship is made specifically to fulfill your order.  After you have placed an order, you have twenty-four (24) hours to cancel the order by emailing us at support@harvestartgallery.com with CANCEL in the subject line of the email.   After twenty-four (24) hours, your order becomes noncancellable and it will not be possible to credit you with the purchase price.  If you have any questions about our products or services, we are happy to answer them before you place your order and are available to otherwise assist you in making a purchasing decision.  You can contact us at support@harvestartgallery.com.
  1. Replacing Product; Refunds. The only circumstances in which we will send you a replacement product or refund what you have paid for a product are described in this Section.  We will provide you with a replacement product if what you were originally sent was damaged or lost in transit, or was not what you ordered, and the requirements in this Section have been met.  Even if you are eligible to receive replacement product, in some instances we may, in our sole discretion, determine that is not practicable or possible to send you a replacement product and we assume no obligation to do so.  Instead, in those instances, we will refund the price of the product, including tax and shipping, to your original form of payment, provided that we have received payment for your purchase and it was not disputed or reversed and is not subject to a dispute and/or to being reversed and all of the other requirements of this Section have been met.  Our determination as to your eligibility to receive a replacement product will be final.  All information that you are asked to provide in this Section should be emailed to support@harvestartgallery.com.  All pictures and information submitted pursuant to these Terms become our property and we have no obligation to return it to you or to maintain it for any period of time. 

- If your product is damaged when it is delivered to you, you will need to do the following to be eligible to receive a replacement product:  (1) report the damage to us and provide the information in (2) and (3) to us within 7 days of delivery of your product, (2) take pictures of the packaging and the product showing the damage, both overall and close-up, making sure that the pictures clearly show the condition of the packaging and the product at the time the carrier delivered the product to the “ship to” address, (3) provide us with clear, close-up pictures of the damage, pictures showing the product and packaging overall, and a written description detailing the damage, and (4) timely respond to our inquiries and request(s) for additional information or pictures. We may use your information to file a claim with the carrier used to deliver your product and the information you provide in (2) and (3) above needs to be sufficient to enable us to obtain credit for the damaged product from the carrier, or your claim for a replacement product may be denied.  If you have complied with the requirements of this Section, and the carrier has reimbursed us for the damage (if we submit a claim to them), we will replace the product that was damaged.  If we do not obtain reimbursement from the carrier, we will evaluate your claim and advise you of its resolution  All of the information requested from you above should be sent to support@harvestartgallery.com within 7 days of delivery.

- If you do not receive the product, please follow these instructions.  When your order is shipped, we will provide you with tracking information that will give you the expected delivery date (which may be updated after shipment).  We do not assume the risk that the product may be lost in transit after the product is turned over to the carrier or that if it is delivered to your location that you will receive it.  If you have not received the product by the date shown on the confirmation or tracking information, please advise us immediately, but no later than 24 hours after the expected delivery.  Depending on the circumstances, we will ask the carrier to investigate and/or we may file a claim with the carrier.  If that claim is denied and/or the carrier can provide proof of delivery, you will not be entitled to receive a replacement product and we will not refund the purchase price to you.

- If you receive a product but it is not the product you ordered, please notify us at support@harvestartgallery.com within 7 days of delivery of your product, describing why the product is not what you ordered and including a picture(s) of the product you received.  On the rare occasions that our framers and fabricators do not produce your product to the approximate specifications shown on the order confirmation, subject to 2. above and our receiving timely notice of the discrepancy with sufficient supporting documentation, we will replace your product, or if we have determined it is not practicable or possible to replace your product, we will refund the purchase price (as described above). 

- Gift cards are not refundable and have no cash value.  Gift cards can be redeemed only for products and the person redeeming the card is subject to these Terms and agrees to them.  Gift cards have no cash value.  The holder of a gift card can redeem the card only to purchase products.  The information related to the card (or a physical card if one was issued) should be safeguarded so only the intended recipient can use it.  Gift cards should be maintained in way that the information needed to use the gift card to make a purchase can be accessed when the recipient is ready to make a purchase.  We are not responsible for misplaced, lost or stolen cards and are under no obligation to issue replacement cards.

  1. DISCLAIMER OF WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE WEBSITE, AND PRODUCTS AND SERVICES ARE PROVIDED ON AN AS-IS BASIS WITH NO WARRANTIES, AND ARE NOT COVERED BY ANY WARRANTIES.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.  WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION TRANSMITTED OR ACCESSED THROUGH THE WEBSITE, OR ANY CONTENT POSTED BY ANY USER OR THIRD PARTY ON OR ACCESSIBLE THROUGH THE WEBSITE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR YOUR INFORMATION, WILL BE SECURE OR UNCORRUPTED. 

WE WILL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU, OR ANY OTHER USER OR THIRD PARTY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY OF ANY KIND ALLEGEDLY ARISING FROM OR RELATED TO (A) PRODUCTS (UNLESS DAMAGED IN TRANSIT, NOT RECEIVED OR NOT AS ORDERED, PROVIDED YOU COMPLY WITH AND ARE ELIGIBLE FOR COMPENSATION UNDER THE TERMS OF THE SECTION ENTITLED “REPLACING PRODUCTS;REFUNDS” AND THEN ONLY TO THE EXTENT PROVIDED IN THAT SECTION), (B) ERRORS, INACCURACIES OR OMISSIONS ON THE WEBSITE OR IN ANY CONTENT OR ANY INFORMATION ACCESSED BY, OR PROVIDED OR AVAILABLE TO YOU, (C) ERRORS, DELAYS, INACCURACIES, OR OMISSIONS IN THE PROCESSING OR DELIVERY OF YOUR ORDER, OR (D) ANY UNAUTHORIZED ACCESS TO YOUR INFORMATION OR  CONTENT, HOWEVER ARISING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY.  If the exclusions above are not applicable in whole or in part to you, the Sections entitled Limitation of Lability, Limitation on Damages and Indemnification will remain applicable to the extent allowed under the law which governs these terms. 

You acknowledge that you have not relied upon any warranty or representation of any kind by us.  You understand that Products may vary in minor ways from the description of picture(s) on the Website and we are under no obligation to correct such pictures or descriptions, but may do so at our sole discretion. You acknowledge that other users of the Website or purchasers of our products may post reviews and other content on the Website or other websites and we have no liability for any errors, omissions, or inaccuracies, in any such content or any other information that any user, visitor to the website, or a third party posts, uploads, provides, transmits or makes accessible or that we post or make accessible on behalf of the user, purchaser or third party. 

  1. LIMITATION OF LIABILITY. IN ADDITION TO THE OTHER LIMITATIONS CONTAINED IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES (WHETHER IN CONTRACT OR TORT) ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THE RELATIONSHIP WE HAVE WITH YOU, YOUR USE OF THE WEBSITE, ANY DATA POSTED ON, TRANSMITTED THROUGH OR ACCESSIBLE ON THE WEBSITE, THE PROVISION OR NON-PROVISION OF PRODUCTS OR SERVICES, OR THE USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, SHALL NOT EXCEED THE LESSER OF (I) AMOUNT PAID FOR THE PRODUCT IF THE CLAIM RELATES TO A PURCHASE, OR (II) TEN US DOLLARS ($10.00) IN THE AGGREGATE ACROSS ALL CLAIMS THAT RELATE TO A PURCHASE. 

THESE LIMITATIONS WILL APPLY TO ALL LIABILITY FOR A CLAIM ASSERTED THAT ARISES OUT OF THE SAME FACTS, ORDER OR OCCURRENCE. 

YOU ACKNOWLEDGE THAT THE ALLOCATION OF LIABILITY SET FORTH IN THIS AGREEMENT AND THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ACKNOWLEDGE THAT WITHOUT AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, ANY FEES CHARGED FOR PRODUCTS AND SERVICES WOULD BE HIGHER, AND ANY SERVICES OR PRODUCTS MADE AVAILABLE WITHOUT CHARGE WOULD REQUIRE PAYMENT OF A FEE. 

  1. LIMITATION ON DAMAGES. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

You understand and agree that your access and use of the Website is at your own risk and that you will be solely responsible for any damage allegedly or actually caused by any of our products or services or that may result from access to or use of the Website.

  1. INDEMNIFICATION. You agree to indemnify, hold us and our service providers harmless, and be solely responsible for, all reasonable fees (including attorneys’ fees), expenses, costs, claims, settlements, judgments and/or damages owed or alleged to be owing that allegedly arise out of or are related in any way to (i) any allegation, action or suit brought or asserted by or on behalf of any person or entity whose rights have been or have been violated by any content posted or modified by a you, or any statements made or information disseminated or exchanged through the Website, (ii) any product ordered, except to the extent of our liability under the Section entitled “Replacement of Product; Refunds”, (iii) use or misuse of any content or information on or accessible through the website, (iv) any dealings, communication, interaction or relationship with any third party on, through or in connection with the Website or us, (v) any violation of or failure to comply with our terms and conditions, including these Terms, our privacy policy, and any other policies or guidelines of ours or any third party involved in the Website or fulfilling orders, (vi) any violation of any law, statue or regulation, and (vii) access to our systems, networks, servers, computers, and/or Website through your devices, computers, or networks.
  1. TERMINATION OF ACCESS. We can terminate your access to the Website and/or deactivate your account(s) at any time and for any reason, including if we suspect that you or someone using your account has violated our terms and conditions, including these Terms, our Policy, and any other policies or guidelines of ours or any third party involved in the Website or fulfilling orders, or that you may have violated a law, statue or regulation, or that there has been unauthorized access to our systems, networks, servers, computers, and/or Website through your devices, computers, or networks.
  1. APPLICABLE LAW; DISPUTE RESOLUTION. All disputes and our policies, terms and conditions, and guidelines, including these Terms and our Policy, shall be governed by the laws of the State of Illinois, without regard to its choice of laws or conflicts of laws provisions.  The state courts in Cook County and the Federal Courts for the Northern District of Illinois will have exclusive jurisdiction and venue of such actions.  If you have any dispute that is valued at $10,000 or less, you agree to bring it exclusively in Small Claims Court in Cook County Illinois.  If you have any dispute in which your claim is valued at more than $10,000, you agree to bring it exclusively in the state courts in Cook County Illinois.  We and you agree to waive our right to a trial by jury.  You agree to waive any right to bring or participate in any action involving multiple plaintiffs or claimants or to participate in any action brought on behalf of a class.    
  1. GENERAL. We shall be liable for any failure to perform due to causes beyond our reasonable control. If any provision of these Terms is held to be unenforceable, these Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future.

This Agreement constitutes the entire agreement between us and replaces and supersedes any prior verbal or written understandings, communications, and representations we might have had. This Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties, or by changes to these Terms and/or the Policy posted on or accessible through the Website.  Your access to or use of the Website after such changes and/or ordering product(s) after such changes will indicate your agreement to such changes. 

All notices we give you will be sent to the email address that you have provided us.  Notice will be deemed effective if we send notice to the email address you have provided, regardless of whether it is deliverable or is received.  We may also attempt to give you notice at a mailing address you may have provided, but are not obligated to do so.  Please keep your email address updated, particularly if you are ordering product(s) from us.  Notice to us should be emailed to support@harvestartgallery.com and will be effective on actual receipt.

We own or have the right to use all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, text, works of authorship, proprietary information and all copyrightable or otherwise legally protectable elements of the Website and the products we offer (“Harvest IP Rights”).  You acknowledge our ownership of the Harvest IP Rights and the Website.  Use of Harvest IP Rights or the Website, except in the course of your navigating our Website, personally shopping for product(s), placing an order for a product(s) and as permitted under our Policy and these Terms, is prohibited, as is any commercial use of the Website.   Nothing stated or implied on the Website, our Policy or these Terms confers on you any ownership rights under any Harvest IP Rights.

We may assign this Agreement to a successor to all or substantially all of the business related to the Website.  This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

The following provisions will survive the termination or expiration of this Agreement: 2, 3, 5, 6, 7, 8, 9, 10, 12 and 13.