TERMS AND CONDITIONS
By accessing this web site and signing up, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark laws.
There are absolutely no refunds for fine art purchases or fees that are incorporated to virtual exhibitions or memberships for artist services or for art fair exhibitions. It is the responsibility of the artist to supply the website uploader with the proper high res images, bio and statement for the artists items for sale before they are uploaded to the website in a timely manner. It is the responsibility of the artist to ship the works in the appropriate amount of time to account for shipping for the exhibitions. It is the artist responsibility to present all art works in the proper manner to be hung on the wall for presentation such as framed and ready to hang with wires etc... we do not display with clips, if art work requires clips it risks not being displayed and there are no refunds if the work does not meet the required framing and presentation needs of the gallery. If the artist pays for a space this space has been booked, marketed and promoted, if the art work is lost in transit NYA is not responsible for lost damaged or stolen works and is under no circumstances responsible for any refunds. If the artist is not happy with the timing of the show then the space and exhibitions will be pushed back to the following month or a month that works for the space and the artist. There are absolutely no refunds only credit given.
ALL ART WORK IS IN PERSON DROP-OFF OR BY SHIPPING TO AND FROM THE GALLERY BACK TO THE STUDIO, ALL COSTS ARE RESPONSIBILITY OF THE ARTIST INCLUDING PACKING (ARTISTS MUST ARRANGE PICK UP AND PACKING WHEN SHIPPING BACK TO THE STUDIO) THE GALLERY WILL PROVIDE A SHIPPING CONTACT IF THE ARTIST DOES NOT HAVE ONE. COLLECTORS ARE RESPONSIBLE FOR SHIPPING COSTS WHEN THE WORK IS SOLD TO THE CLIENTS HOME OR OFFICE.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Laguna Art Group's (also known as: LAG) web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Laguna Art Group's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Laguna ART Group at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Laguna ART Group's web site are provided "as is". Laguna ART Group makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Laguna ART Group does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
- Artwork possession: Lagunaart.com physical gallery, employees, curators, owners, founders and associates are not responsible in anyway for physical artwork being stored, shipped, exhibited etc... all art work must be insured by its rightful owners and or creators. $200 per month storage fees will apply to all art left past 30 days. If art work is left at the art center past 60 days without a rental agreement in place the art work will be considered abandoned and donated to charity.
In no event shall Laguna Art Group or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Laguna Art Group's Internet site, even if Laguna ART Group or a Laguna ART Group authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
LagunaART.com has the right to remove offensive, inappropriate or sub-par artwork at its own discrepancy at any time.
5. Revisions and Errata
The materials appearing on Laguna ART Group's web site could include technical, typographical, or photographic errors. Laguna ART Group does not warrant that any of the materials on its web site are accurate, complete, or current. Laguna ART Group may make changes to the materials contained on its web site at any time without notice. Laguna ART Group does not, however, make any commitment to update the materials.
Laguna ART Group has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Laguna ART Group of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Laguna ART Group's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
9. Artist Policy
Artists are not in a membership or recurring billing situation. LAG reserves the right to cancel an artist's account at any time.
10. Artist Application Fee
LAG admin fee for curators and web developers to artists is a one-time charge of $250. This also serves as an application fee that places the artist in front of the art director, rotated through LagunaART.com iphone app, LagunaART.com shopping cart, 1st "call to artists list" for group shows and gallery exhibitions. Places the artist on the waiting list for residencies (if qualified) in one of our 22 exhibitor booths. (please contact your LAG representative for more details, call daily 12-5pm EST). The application fee does not in any way guarantee a solo show for the artist accepted. It does how ever guarantee the opportunity to apply to all juried group exhibitions.
10.5 Artist / Laguna ART Commissions Policy
Sale proceeds are paid to the artist when a sale goes through LagunaART.com™. When our sales team gets involved and the client / collector card is run through our company in a sale paid to the artist by LagunaART.com™ either on the 1st or the 15th of the month depending on sale date. A w-9 form and a LAG invoice needs to be signed and returned to the gallery before payment is received.
Please call us to discuss if you need any clarification. ph. 1-888-9-FINEART
11. Artists' Artwork Liability
We (LAG) are not responsible for lost or damaged artwork. Artists are responsible for insuring their own art works and LAG is not responsible in any way of the organization of shipping a piece from the artists studio to the client (buyer). Artists ship the works to and from the gallery, the gallery ships the works to the collectors home or office.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
Artwork SHIPPING to physical gallery:
ALL ART WORK IS IN PERSON DROP-OFF OR BY SHIPPING TO AND FROM THE GALLERY BACK TO THE STUDIO, ALL COSTS ARE RESPONSIBILITY OF THE ARTIST INCLUDING PACKING (ARTISTS MUST ARRANGE PICK UP AND PACKING WHEN SHIPPING BACK TO THE STUDIO) THE GALLERY WILL PROVIDE A SHIPPING CONTACT IF THE ARTIST DOES NOT HAVE ONE • ALL ART WORKS MUST BE INSURED BY THE CREATOR AND OR OWNER OF THE ARTWORK • ALL ARTISTS IN THE GALLERY ARE REQUIRED TO BE A MEMBER OF THE VIRTUAL EXHIBITIONS >
Because we deal in original fine art (one of a kind artworks) and we often provide labor and marketing and advertising there is absolutely no refunds and everyone doing business with this gallery agrees to these terms and conditions before clicking through to the final stages of processing any credit cards. By clicking through to the final stages of processing I (you) agree to these terms.
What is the percentage commission LagunaART.COM takes from each sold paintings on the website? THROUGH THE GALLERY THE COMMISSION IS 50% AND 30% if the art work sells through NewYorkART•com shopping cart (instant sale without the help of a certified art dealer) the artist receives 70% of the sale in this case. If the sale requires a broker / certified art dealer and or in the physical gallery then the sale is at a 50/50 split due to the commission that needs to be paid to the art dealer handling the sale. The artist receives 50% of the total sale in this case.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
questions? ph. 1-888-9-FINEART • firstname.lastname@example.org