Terms and Conditions

Welcome to Peter Herzog Gallery! Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully, as they contain important provisions relating to your use of the site, including an agreement to engage in binding arbitration to resolve any disputes between us. The website is owned and operated by Peter Herzog Gallery. ("peterherzogphotogallery.com").

I. Privacy

You should review our Privacy Policy to understand our privacy practices.

II. Terms of Use

License and Website Access

We grant you a limited, revocable license or print to access and make personal use of the website as our customer. However, you are not permitted to:

• reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;

• use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);

• use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;

• engage in any activity that interferes with the website or another user’s ability to use the website;

• modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or

• assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Electronic Communications

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.

Your consent is not required as a condition of purchasing any goods or services from peterherzogphotogallery.com.

Copyright

The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws.

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by peterherzogphotogallery.com or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

Notice to California Residents

Examples

Some of our products, such as our wood mounts and SwitchArt™ products, are made with composite wood products such as particleboard and medium-density fiberboard (MDF). These wood components are tested for safety in accordance with the California Composite Wood Products Airborne Toxic Control Measure (ATCM). Our products comply with applicable Phase 2 formaldehyde emission standards.

Reviews, Comments, Communications and Other Content

Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website.

Suggestions and Ideas

Visitors may submit suggestions, ideas or question to info@peterherzogphotogallery.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.

Limitation of Liability

We do not accept the responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

III. Terms of Sale

These Terms of Sale apply to all offers made by peterherzogphotogallery.com. All purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.

Return Rights

All sales are final on arrival of goods or product.

If your order should arrive in less than satisfactory condition, we offer a convenient Photo Return option. Simply take a digital photo of the item and one of the shipping containers it arrived in, attach them to an email and send to info@peterherzogphotogallery.com,. Please include in the body of the email: your order number, the shipping ID or item number, a brief description of the reason for the return, and let us know whether you are seeking a replacement. Your request will be processed within 72 hours and you will receive an email letting you know your replacement is under production or your refund is being processed.

To return your item(s) please pack them in the original tube or box and include the completed Be sure to specify the reason for the return and what action you would like us to take: replacement or refund. We strongly encourage you to return your item via a trackable method or federal mail.

Pricing

Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. All sales are final.

Acceptance of Order

We reserve the right to refuse or cancel any order. In such event, your sole recourse shall be the return of amounts paid by you related to such order (if any).

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Sales Tax

Items shipped to destinations in the states of Alabama, California, Colorado, Connecticut, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Washington, Wisconsin, and Ohio are subject to tax.

 

Product Descriptions

We attempt to describe our products offered as accurately as possible. However, we do not warrant that product description or other content of the website are 100% accurate, complete, reliable, current or error-free.

 

Disclaimer

We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.

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IV. Disputes

Any dispute or claim relating in any way to your use of peterherzogphotogallery.com, to purchases from peterherzogphotogallery.com, or to the sale of any products or services sold or distributed by peterherzogphotogallery.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Sale as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

Applicable Law

By placing an order with peterherzogphotogallery.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and peterherzogphotogallery.com.

Severability

If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

Updated August of 2019.