OVERVIEW
This website is operated by Gallery Veronica Ruiz de Velasco. Throughout the site, the terms “we”, “us” and “our” refer to Gallery Veronica Ruiz de Velasco. Gallery Veronica Ruiz de Velasco offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
This Section does not apply to photographs you upload through the Room Visualization or Share Your Space features — those are governed exclusively by the ROOM VISUALIZATION PHOTOS and COLLECTOR SPACES sections of our Privacy Policy, not by the license below.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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 Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Gallery Veronica Ruiz de Velasco, Veronica Ruiz de Velasco, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Nothing in this Section applies to artwork sold by us. We warrant that we convey good title to each artwork, free of any undisclosed lien, security interest, or competing ownership claim; that each original work is an authentic work by Verónica Ruiz de Velasco; and that each print is an authorized impression from the limited edition stated on its certificate. That warranty runs to the original purchaser, survives delivery, and is not disclaimed by anything above. The “as is” and “as available” language in this Section applies to the website, the app, and the information and tools we make available through them — not to the artwork itself.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gallery Veronica Ruiz de Velasco and our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without regard to conflict-of-law principles.
SECTION 18A - DISPUTE RESOLUTION; ARBITRATION AGREEMENT
Any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Site, the app, or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court. The arbitration will be held in Palm Beach County, Florida, unless you and we agree otherwise.
YOU AND WE EACH AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN OUR RESPECTIVE INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If this class-action waiver is found unenforceable as to a particular claim or dispute, then that claim or dispute alone (and only that claim or dispute) will proceed in court rather than in arbitration.
You may opt out of this arbitration agreement within 30 days of first accepting these Terms of Service by emailing us at the address in Section 20 with the subject line “Arbitration Opt-Out” and your name and account email.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@veroart.com.
SECTION 21 - ARTWORK DELIVERY; RISK OF LOSS
We arrange shipment of your artwork with a third-party carrier. Our shipments typically carry the carrier's standard, minimal insurance coverage, which in most cases will not cover the full value of the artwork — it is not insurance for the declared or purchase value of higher-value pieces. If you would like additional coverage, please contact us before your order ships so we can discuss purchasing supplemental insurance, at your cost, for the full value of the artwork.
Once we deliver the artwork to the carrier, the carrier is responsible for its safe transportation, and risk of loss or damage in transit passes to you at that time. We are not liable for any loss, damage, delay, or non-delivery caused by the carrier, customs, weather, or other circumstances outside our reasonable control, and we are not liable for any shortfall between the carrier's minimal coverage and the artwork's actual value where no supplemental insurance was purchased; our role in that event is to assist you in good faith in pursuing a claim against the carrier or any insurance actually in place. Estimated delivery times stated in our Shipping Policy are estimates only and are not guaranteed.
You are responsible for providing an accurate delivery address and for being available to receive and promptly inspect the artwork upon arrival. Please inspect your artwork immediately upon receipt and notify us in writing within 48 hours of delivery of any visible shipping damage or discrepancy, so we can assist you with a timely claim. Claims reported after that window may not be eligible for carrier or insurance recovery.
SECTION 22 - CERTIFICATES OF AUTHENTICITY; ARTWORK MARKINGS
Certain artwork is accompanied by a Certificate of Authenticity (“COA”) and/or markings, labels, or inscriptions on the back of the canvas or work (for example, title, medium, dimensions, date, edition number, or signature).
We warrant that the artist, title, medium, edition size, and edition number stated on a Certificate of Authenticity are accurate. That warranty is not disclaimed by any other provision of these Terms. We do not warrant that a certificate or an artwork marking is free of typographical, clerical, or transcription error in any other field.
If you believe a COA or artwork marking contains an error of any kind, please notify us in writing within a reasonable time after receipt so we can investigate. Where we confirm an error we will issue a corrected COA, or take other appropriate corrective action, at no cost to you. Except as required by law, our liability for an error in a field other than the artist, title, medium, edition size, and edition number is limited to issuing that correction.
SECTION 23 - LIMITED EDITIONS; FINE PRINT DISCLOSURE
Each print is a numbered impression from a limited edition. With every print we furnish a written certificate stating: the name of the artist; whether the artist signed the work, and by what means; the medium and the process by which the impression was made; the year the impression was made; the total size of the edition and the number of the impression within it; the number of any artist’s proofs or other impressions outside the numbered edition; whether the master file or plate has been retained, and whether it has been altered, defaced, or destroyed; and whether any prior or subsequent edition has been or is intended to be produced from the same master.
The edition size stated on that certificate is the whole of the edition. We do not add impressions to a closed edition. Where the state in which you reside requires a fine print disclosure in a particular form, that certificate is furnished to satisfy it, and the statements in it are warranted as set out in Section 22.
If you did not receive a certificate with a print, or a certificate omits any of the information above, contact us at the address in Section 20 and we will furnish one.
SECTION 24 - CONSUMERS IN THE EUROPEAN ECONOMIC AREA AND UNITED KINGDOM
This Section applies if you are a consumer resident in the EEA or the United Kingdom. Where it conflicts with any other provision of these Terms, this Section prevails. Nothing in these Terms excludes or limits any right you have under the mandatory consumer law of your own country.
Governing law and courts. Section 18 selects Florida law. That choice does not deprive you of the protection of the mandatory rules of the law of the country in which you are habitually resident, and you may bring proceedings in the courts of your own country.
Arbitration. The arbitration agreement and class-action waiver in Section 18A do not apply to you. You may bring any dispute before the ordinary courts. The European Commission operates an online dispute resolution platform at https://ec.europa.eu/consumers/odr.
Risk of loss. Notwithstanding Section 21, risk of loss or damage does not pass to you until you, or a third party you name who is not the carrier, take physical possession of the goods. Until then the risk is ours. The 48-hour inspection period in Section 21 does not limit your statutory rights, and the legal guarantee of conformity applies to defects present at delivery.
Disclaimers and limits of liability. The "as is" disclaimer in Section 13 and the liability limits in Sections 13 and 14 apply only to the extent permitted by the law of your country. They do not affect the legal guarantee of conformity, liability for death or personal injury caused by negligence, liability for fraud, or any other liability that cannot lawfully be excluded.
Right of withdrawal. You have a 14-day right of withdrawal, described in full in our Refund Policy, which also contains the model withdrawal form.
Import duty and taxes. Our prices are in US dollars and exclude import VAT and customs duty. Our editions are priced above the thresholds for simplified import into the EU and UK, so you should expect to pay import VAT and any applicable duty to your carrier or customs authority before the work is released to you. These charges are set by your own authorities, are not within our control, and are not included in the price you pay us.