Terms and Conditions
Terms and Conditions
Effective Date: November 5, 2016
Who I am and what I do:
I am Tim Gier and I create and sell original handmade artwork. These Terms and Conditions exclusively explain the relationship between me and any person or entity that orders or purchases art from me through various online platforms (for example: Facebook, Twitter, Instagram, etc.) as well as the website domains www.timgier.com and www.timgierfineart.com.
What we are agreeing to:
By ordering or purchasing from me, you acknowledge your agreement with these Terms and Conditions and you accept to be exclusively bound by them, unless we both specifically agree, prior to any transaction between us and in writing, to any and all changes in them. Separate written policies regarding Returns and your Privacy are incorporated in these Terms and Conditions by reference; please read them.
Images of artwork
I make a good faith effort to describe the items listed accurately and to display digital images that accurately reflect the actual colors and physical qualities of the artwork. However, digital reproduction of color is notoriously plagued with problems and depends not only on the image as it was photographed, rendered and uploaded, but also and critically on the device on which the viewer views it. Therefore you expressly acknowledge and accept I do not guaranty that the colors, tints, hues, vibrancy, saturation and values of the digital images presented will match those of the actual physical piece of art represented by any such image when the art is seen in the intended appropriate lighting.
Your purchase offer
When you do such things online as select items for purchase and complete online payment and information forms, you are making an offer to purchase. Upon receipt of full payment (including any required taxes, customs fees and shipping charges), I will accept your offer unless 1) you are under the age of 18 at the time your order is submitted, 2) you provide false or incomplete information on your order form, or 3) your payment is denied or refused by your chosen payment provider. In the unlikely event that I accept your offer but am unable to fulfill your order within the time stated at the time you place it, I will promptly give you notice and process a full refund to your original form of payment in the same currency and using the same exchange rate.
I claim, and the art I produce is protected by, copyright worldwide. All original images and content produced by me and displayed on this or any other site are protected by copyright and cannot be reproduced in any form without my prior written consent.
Contact information and settling disputes
Please address all correspondence to me here (email preferred):
1427 NE 22nd Ave
Gainesville, Alachua County, Florida, USA, 32609
As a resident of Alachua County, Florida, USA, I deem it the place of performance and jurisdiction; any disputes must be settled there in accordance with applicable law. Should any of these Terms and Conditions be or become invalid, this shall not affect the validity or effect of any of the remaining terms.
Effective Date: November 5, 2016
In the use of this site you may provide me with “personal information” about you that can be used to contact or identify you. Personal information includes, but is not limited to, your name, phone number, credit card or other billing information, email address, phone number and postal address. I use your personal information primarily to provide to complete your transactions and respond to your inquiries. I will never sell, give away, publish, or otherwise transfer your personal information to anyone for commercial purposes.
If you’ve requested that I do, I will also use your personal information to contact you via electronic newsletters or email for informational and marketing purposes. If you have requested such contact but decide at any time that you no longer wish to receive such communications from me, please follow the unsubscribe instructions provided in any of the newsletters or emails.
When you visit a website, the servers employed by it may automatically record information that your browser sends whenever you visit a website ("log data"). This log data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came here, pages of this site that you visit, the time spent on those pages, information you search for on this site, access times and dates, ads you click on during your use of this site, your viewing preferences, bookmark habits and other statistics. If I use this information at all, I use it only to monitor and analyze use of the site, as well as for technical administration, improving functionality and user-friendliness and to better tailor the site to my visitors' needs.
Like many websites, this one uses "cookies" to collect information. A cookie is a small data file that is transferred to your computer's hard disk for record-keeping purposes. Any cookies used by any online property I utilize are the cookies of the platform provider (for example, my website www.timgier.com is currently hosted by Squarespace and any cookies on that site are theirs). You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the site or all functionality provided.
I also may use "web beacons," "pixel tags," "clear GIFs" or similar means (individually or collectively "web beacons") on this site. A Web beacon is an electronic image, often a single pixel, embedded on web pages. Web beacons are ordinarily not visible to users. Web beacons allow us to count the number of users who have visited certain pages of the site, and to generate statistics about the site is used. Google Analytics and Facebook both provide me with such means to monitor the performance and functionality of my online properties.
Information you must provide if you purchase something from me
If you offer to purchase something from me through this site, I will require certain personal information from you. You must provide contact information such as first and last name, address, city, zip, email and phone number and financial information such as credit card type, credit card number, expiration date and CVV2. I use this information for billing and refund purposes and to fulfill orders, as applicable. If I have trouble processing an order, I will use this information to contact you.
I use third parties to do such things as payment processing, billing and shipping services, maintenance services, database management, web analytics and other things as they may become beneficial for the maintenance and improvement of the site. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Government, laws and public safety
I will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. I will disclose any information about you to government or law enforcement officials or private parties as I, in my sole sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect my property and rights or those of a third party, to protect the safety of the public or any person, or to prevent or stop activity I may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. I will maintain an archived copy of your records only as required by law or for legitimate business purposes.
Protecting your security
Your security and the security of your personal information is important to me. When you enter sensitive information (such as credit card number) via this site, I trust third parties (payment providers, website hosting platforms, etc) to encrypt that information using secure socket layer technology (SSL). However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. In the unlikely event of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) occurs, I will make any legally required disclosures to you via email or conspicuous posting on this site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
It is truly a World Wide Web
Intended for adults only
This site is not directed to children under 18. I do not knowingly or willingly collect personally identifiable information from children under 18. If a parent or guardian becomes aware that his or her child has provided me with Personal Information without their consent, he or she should contact me at email@example.com. If I become aware that a child under 18 has provided me with Personal Information, I will delete such information from my files.
Identity theft and the practice currently known as "phishing" are of great concern to me. Safeguarding information to help protect you from identity theft is a top priority. I do not and will not, at any time, request your credit card information, username, login password or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the U.S. Federal Trade Commission's website.
Links to other websites
This site may contains links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that I link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of my affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. I do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. I encourage you to read the privacy policies or statements of the other websites you visit.
Questions or concerns?
Effective Date: November 5, 2016
Seven day return policy
From the time your purchase is delivered to the shipping address provided at checkout, you have seven (7) days to decide whether to keep or return the artwork. (What if the package arrives damaged? Please see the special instructions below.)
In order to receive a refund of your purchase price (not including any shipping, packaging or customs charges), the item, in its original condition, must be shipped by you to me within three (3) days of your notification to me that you wish to return the item and you must follow all the instructions provided in this policy.
PLEASE NOTE: If after your artwork has been delivered you are not fully satisfied, you have:
Seven (7) days to contact me about your intent to return the work and then Three (3) days from the day you contacted me to ship the artwork back.
Do not ship the artwork before contacting me; you must contact me first.
If you do not notify me of your intent to return the work within 7 days of delivery or, after duly notifying me, you do not ship the work to me within 3 days of that notification, then you will NOT be eligible for a refund.
How to Return an Original, Undamaged Work
Step 1 – Within seven (7) days of your merchandise delivery date, please call 352-505-3409 (24 hours/day - 7 days/week) or email firstname.lastname@example.org and give me your order information and the reason you want to return the work.
Step 2 – Repackage the artwork using the packaging materials it came in. If you’ve already disposed of the original packaging, you’ll need to purchase appropriate packaging materials to send the artwork safely back to me. Please ask me if you require any instructions on how to properly package the return.
Step 3 – Arrange and pay for shipping to me, and provide me with tracking information.
Step 4 - Call me at 352-505-3409 or email me at email@example.com to notify me that the package has been shipped and to provide me with the tracking information.
Once the piece safely reaches me, I will process your return and calculate your refund. The refund will be processed to your original form of payment in the same currency and using the same exchange rate as your original order (minus any shipping costs and international customs fees) within 2 business days of my acceptance of delivery of the returned artwork.
SPECIAL INSTRUCTIONS: What to do if the package is delivered with damage that affects the artwork.
Step 1 – Save original packaging!
Step 2 - Take clear photos of the damaged artwork and packaging. Please email these photos to firstname.lastname@example.org.
Step 3 - Within seven (7) days of your merchandise delivery date, please call 352-505-3409 (24 hours/day - 7 days/week) or email email@example.com and to notify me of the damage and provide me with your order information.
Step 4 - I will contact you within one (1) business day to begin the process of resolution.
Questions or concerns? If you have any questions or concerns about this Return Policy, please contact me at: firstname.lastname@example.org.