TERMS AND CONDITIONS

Application of these Conditions of Use

It is important that you carefully review the Terms and Conditions outlined below before purchasing. You must read, agree with, and accept all of the terms and conditions contained in this policy to use this site or to purchase any merchandise for sale on www.luminatadesign.org. If you do not wish to be bound by these conditions, you may not access or use www.luminatadesign.org. Luminata Design, LLC may change or revise these conditions at any time without any notice. By your continued access and use of luminatadesign.org you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.

Purchase Eligibility

Our services are available only to, and may only be used by individuals who can form legally buying and selling contracts under applicable law. Our services are not available to minors (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians.

Identity Verification

Because user verification on the Internet is difficult, Luminata Design, LLC cannot and does not confirm each user's purported identity.

Submissions

Luminata Design, LLC welcomes your e-mail messages and suggestions of ways in which we can improve the site. We will use any personal information you send us only to respond to your message. Please note that any suggestions or ideas you submit to Luminata Design, LLC, will become the property of Luminata Design, LLC and can be used by us for any purpose.

Limitation of Liability

Under no circumstances will Luminata Design, LLC or any of its members, employees, affiliates, agents, or any other party involved in the creation, production, maintenance or distribution of luminatadesign.org be liable to any person or entity for any direct, indirect, incidental, special, consequential, or other damages (including but not limited to loss of profits, business interruption, loss of programs or information, goodwill, use of data or other intangible losses) that result from any use of the luminatadesign.org Web site, even if Luminata Design, LLC has been specifically advised of the possibility of such damages.

Jurisdiction and Governing Law

These conditions shall be governed by and construed in accordance with the laws of the state of Arizona. Luminata Design, LLC controls luminatadesign.org from within the state of Arizona, USA. It can, however, be accessed from other places around the world. Although these places may have different laws from those of Arizona, by accessing luminatadesign.org you agree that the laws of Arizona, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of luminatadesign.org. You and Luminata Design, LLC also agree to submit to the non-exclusive jurisdiction of the courts of Arizona, with respect to such matters. Users of luminatadesign.org accessing it from places outside of Arizona acknowledge that they do so voluntarily and are responsible for complying with local laws.

Copyright and Trademark Statement

The materials at this site are subject to copyright. To request permission to reproduce all or any part of the material on this Web site for commercial purposes, please contact Luminata Design, LLC. Luminata Design, LLC, "www.luminatadesign.org," and the Luminata Design, LLC logo are trademarks of Luminata Design, LLC.

Any unauthorized use of any materials at luminatadesign.org may violate copyright, trademark, and other laws. The contents of luminatadesign.org can only be reproduced with permission of Luminata Design, LLC. You may not: (a) modify the materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) remove any copyright or other proprietary notices from the materials; (c) transfer the materials to another person. You agree to prevent any unauthorized copying of the materials.

Luminata Design, LLC reserves the right to continue to display sold paintings and works of art as examples of the artist’s body of work. When purchasing paintings from www.luminatadesign.org, buyer therefore acknowledges and accepts this right of Luminata Design, LLC as a condition of sale and forfeits and right in the matter. All sold works of art will not be listed for sale after the e-commerce purchase from buyer.

Privacy Statement

Luminata Design, LLC is dedicated to protecting your privacy as you use our Web site. Our policy is that no personal information will be collected about you unless you choose to provide it and that any personal information which you provide us will be safeguarded to the best of our ability and not shared with any third party for any reason except as required by law.

Indemnity

You agree to indemnify and hold Luminata Design, LLC and (as applicable) our affiliates, agents, 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 this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Security Limitations

Luminata Design, LLC is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by way of Luminata Design, LLC is done at your own risk and Luminata Design, LLC shall not be responsible or liable for any damages that may result from transmitting such information. If you feel your security has been compromised, please contact Luminata Design, LLC.

Returns and Refunds

Everything sold by Luminata Design, LLC has been carefully checked for both quality and authenticity. Sometimes, however, items are damaged during delivery or unacceptable in some other way and we will make every effort to rectify that situation.

Commissioned pieces, which have been specifically made for you, will not be accepted for refund. If such items are damaged in transit, any insurance claim proceeds received by Luminata Design, LLC will be forwarded to you.

We will not refund art that has been smudged, damaged, torn, etc. Each piece of art is shipped by FedEx, UPS, or other carriers, and a photo of it is taken before it leaves our gallery for insurance purposes. All items in Luminata Design’s gallery are one of a kind, original art. There is not another one just like it that we can replace it with.

You must either have the packaging invoice or a receipt which would have come with the art when it was shipped to you. Without the invoice or a receipt there will be no refund. Send it to us by way of FedEx or UPS…no exceptions (except purchases made outside the USA).

We must receive all returns within 14 days of the ship date. You must also notify us by phone within 24 hours after receiving the art if there is a problem. If art is shipped back to us without prior notice there is a chance that you might not be refunded because of who's at fault. Luminata Design, LLC does not refund any shipping costs.

Orders

We undertake to supply authentic original works of art as described on this Web site. All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions.

You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form. Luminata Design, LLC is unable to accept an order unless all details requested on the order form have been entered correctly.

Upon placing an order we will advise you of the availability of the items ordered and the cost. You may cancel your order without any penalty should these costs be unacceptable.

We are entitled to refuse any order placed by you and will not be required to provide an explanation.

Where an original work of art is commissioned, we will charge the agreed deposit at the time of confirmation of your order. Your deposit is understood to be non-returnable unless Luminata Design, LLC is in default.

Where a work of art is sold out, Luminata Design, LLC will endeavour to commission a similar item. If this price or artwork differs from that shown on the Web site, we will advise you prior to accepting your order.

Pricing

The price you, the buyer, pay is the price displayed on this Web site at the time we receive your order. However, whilst we try to ensure that all prices on our Web site are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Due to fluctuating market values, all prices are subject to change.

All goods offered for sale through our Web site are priced in US Dollars.

Prices do not include postage and packing, which will be charged as an additional cost on all orders. The cost to the destination country of your order will be shown on your order form prior to your committing to your purchase. Prices may or may not include the cost of framing.

Customs and import duties are not included. The customer is responsible for payment of any such surcharges upon deliveries outside the United States.

We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of your purchase due to any increase in the cost to us, which is due to any factor beyond our control. In the unlikely event of there being such an increase in the price of the goods to you, the buyer, shall be entitled to cancel the order at any time before delivery. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Payment

Luminata Design, LLC accepts the following credit/debit card payment (Visa, MasterCard, Discover, American Express). Luminata Design, LLC takes payment from your credit card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that Luminata Design, LLC is unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Buyers are required to pay any applicable state and local sales tax. Buyers are also required to pay for all packing, shipping, and insurance charges. Be aware that for larger and/or valuable items, shipping charges can be substantial. Upon payment, we will send you a receipted invoice by post or e-mail. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods.

In the case where a painting is commissioned, Luminata Design, LLC accepts payment by money order or certified check only. Luminata Design, LLC will deliver goods upon check clearance. Payment for commissioned works of art only require 50 percent up front, and the rest upon completion before shipment. Signed agreements between buyer and Luminata Design, LLC are required prior to start of any commissioned works of art. Detailed comps will be e-mailed to buyer prior to start of said commissioned art.

As stated above in the Copyright and Trademark statements, Luminata Design, LLC reserves the right to continue to display sold paintings and works of art as examples of the artist’s body of work. When purchasing paintings from www.luminatadesign.org, buyer therefore acknowledges and accepts this right of Luminata Design, LLC as a condition of sale and forfeits and right in the matter. All sold works of art will not be listed for sale after the e-commerce purchase from buyer.

For any painting for sale on luminatadesign.org, payment can be made by credit card only. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless Luminata Design, LLC is found negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.

You, the purchaser, warrant that all the details provided on the order form for the purpose of purchasing the goods by credit/debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit to cover the cost of the goods.

Delivery

The goods will be delivered to you, the buyer, at the address provided by you on the order form. Delivery of orders is generally in-stock. This means we should be able to ship them within seven working days. If an item is not in-stock we will advise as soon as possible. The delivery of commissioned items will be the subject of a separate agreement. If you have not received the item(s) within two days of the expected delivery date, please advise Luminata Design, LLC so that we can attempt to trace the package. All shipping/delivery charges are shown on your order form prior to your committing to your purchase. The risk in the goods shall pass to you upon such delivery taking place. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery, however caused. Luminata Design, LLC makes every effort to deliver goods within the estimated timeline.

By clicking on ACCEPT, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and Luminata Design, LLC that you will comply with the Terms and Conditions and use the site only in a manner that is consistent with these Terms and Conditions. If you do not agree to the Terms and Conditions, do not access the site or use any of its services.

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