StrutGraphics.com

Terms and Conditions of Sale

(Last updated 04/05/06)

www.strutgraphics.com (the ‘Website’) is owned by StrutGraphics (the

‘Gallery’) which is a company incorporated in the United States (US) with registered number ______

whose registered address is at 750 Squire Hill Court, Charlottesville, VA 22901.

The following conditions apply to the use of the Web Site and the purchase of any item

displayed on the Web Site (the ‘Work(s) of Art’):

1. Images

You agree that the images of the Work(s) of Art on the Website (the ‘Website Images’) are guidelines only. The Gallery will accept no responsibility for differences between the Website Images and the actual Work(s) of Art.

2. Formation of Contract

2.1 A binding contract shall be formed upon receipt by you of a confirmation email from the Gallery acknowledging your order. This is an effective acceptance, which will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time the Gallery sends the e-mail to you.

2.2 At the discretion of the Gallery, alternative methods of forming a binding contract may be negotiated.

2.3 Any binding contract is between you, the Gallery, and the Artist of the relevant Work(s) of Art. Details of the Artist and the Work(s) of Art will be sent to you in the confirmatory email.

3. Payment

3.1 Payment for all works herein shall be in US dollars, UK Pounds Sterling, or Euros depending on the stated currency for the advertised price of works. You shall make payment to the Gallery via the Paypal secure payment system provided through the site.

3.2 Alternative methods of payment may be used at the direction of the gallery. document number: _____

4. Delivery and Insurance

4.1 All art purchase shipments are from the Artist to you. Delivery services for Work(s) of Art purchased through the Gallery will vary by Artists and Customers. The Gallery takes no responsibility for delivery services.

4.2 The Artist is responsible for the insurance of all Work(s) of Art created by him or her during delivery to you. Delivery costs including insurance will be stated if additional to the original price of work.

5. Refunds and Return Policy

5.1 You must notify StrutGraphics.com within seven (7) days from the date of receipt of the Work(s) of Art by e-mail to admin@strutgraphics.com of any intended return. After this time, all sales are final. You may return any Work(s) of Art acquired for full credit against the purchase of any other Work(s) of Art available at that time or for a complete refund, provided that:

(a) Returns of Work(s) of Art from you shall be to the Artist upon receipt of your email by the gallery. Details of the return address will be sent to you by email.

(b) The Work(s) of Art shall be returned in same condition received and within ten (10) days from the date of notification of such return.

5.2 You are responsible for return shipping costs.

5.3 The Gallery may be entitled to make a charge not exceeding the direct costs of recovering any Work(s) of Art supplied where you do not return the Work(s) of Art after cancellation of the contract or you do so at the Gallery’s expense.

5.4 There is no right to return the Work(s) of Art where the Work(s) of Art have been made to your specifications or have been personalized or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

6. The Artist

6.1 All dealings are subject to the consent of the Artist.

6.2 The artist warrants that he/she created and possesses unencumbered title to all Work(s) of Art under the Terms and Conditions of Sale. Title to the Work(s) of Art will transfer to you upon possession. document number: _________

6.3 Unless otherwise specifically indicated, the Work(s) of Art are originals, executed by the Artist and are certified to be free from all defects due to faulty artisanship or faulty materials for a period of twelve months from the date of sale by the Artist.

6.4 If flaws should appear during this period and be due to such causes, the Work(s) of Art shall be subject to repair or replacement, at the option of the artist. You are cautioned, however, that the Artist cannot be responsible for fading, cracking, and other damage to these works caused by improvident exposure to sunlight and weather.

7. The Gallery

7.1 The Gallery's relationship to the Artist is as advertiser for the purpose of selling artwork consigned to the Gallery.

7.2 After the seven (7) day approval period, you accept the underlying artwork, relieving the Gallery of all responsibility. The Artist(s)’ contact details will be provided to you at the time of purchase. Any future claims due to undiscovered faults, hidden defects or questions of authenticity lie solely between the artist and you.

7.3 The Gallery reserves the right to refuse service to anyone at any time.

8. Transactions

The Gallery operates on a first-come basis, with all orders for Work(s) of Art to be sent via the Website. The customer, who notifies the Gallery of an intention to buy a particular Work(s) of Art, shall have first rights to purchase. In the event that two or more customers have interest in the same Work(s) of Art, determination of which customer came first will be determined by the time and date of the order.

9. Dispute Resolution

If any dispute arises between you and/or the Gallery and/or the Artist, you agree to attempt to settle it by negotiation. A party may not serve an ADR notice or commence court proceedings/an arbitration until 21 days after it has made a written offer to the other party(ies) to negotiate a settlement to the dispute.

10. Copyright in the Work(s) of Art and in the Web Site

10.1

(a) The Artist reserves all rights protected under United States copyright legislation in all Work(s) of Art purchased by you. document number: __________

(b) The sale of the underlying work does not include the sale of rights to reproduction(s)/print(s) in any form unless specifically granted in writing by the artist. Copyright sales are wholly the Artist’s privilege and an entirely separate transaction and not part of the underlying sale of the Work(s) of Art.

10.2

(a) All intellectual property contained on the Website including design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on this Website are to remain the property of the Gallery.

(b) Images of the Work(s) of Art are scanned by permission granted by the Artist to the Gallery for the purposes of advertisement for sale. These images may only be copied or saved, or otherwise reproduced, from the Gallery’s website for your consideration to purchase. Copying, saving or otherwise reproducing these images for any other purpose is strictly prohibited.

11. Governing Law

11.1 The contract will be deemed to be formed in the US and shall be interpreted, construed and enforced in all respects in accordance with the laws of the United States.

11.2 You agree to irrevocably submit to the exclusive jurisdiction of the US Courts.

12. Notice

StrutGraphics.com reserves the right to revise the Terms and Conditions of Sale.

Revisions will be dated and supersede previous Terms and Conditions of Sale.