TERMS AND CONDITIONS

LIVE! AUCTION Terms and Conditions:

Rules & Regulations
- In condition as donated 100%.
- Cannot be returned or exchanged.
- Additional shipping charges may apply based upon the location of the winner.

Conditions of Sale
The following Conditions of Sale and Terms of Guarantee, as amended by any posted notices or announcements during the auction and in addition to the Term of Use for DBA LagunaART.com, [Shane Townley Art Foundation INC 501c3] • EIN 46-2652320

DBA Lagunaart.com

The Conditions of Sale, Terms of Guarantee, the glossary, if any, and all other contents of this lot are subject to amendment by us by the posting of such amendments on the LagunaART website (www.lagunaart.com). The property will be offered by us as agent for the Seller, unless the lot indicates otherwise.

All auction bidders understand that these Conditions of Sale set the terms and conditions upon which this lot is offered. Your participation through bidding, purchase and/or registration constitutes acknowledgement and agreement to be contractually bound by these terms and conditions and all other fees and charges listed herein.

1. Inspection
Prospective bidders should inspect the lot page for an item before bidding to determine its condition, size, and whether or not it has been repaired or restored. If that information is not available on the site, prospective bidders assume the responsibility of contacting LagunaART.com to inquire for additional details.

Each Bidder’s decision to bid and determination of their bid amount should be based upon their own examination of the item(s) in question. In any purchase or sale, the estimated value of the item(s) is reflected by the price. The bidder hereby assumes all risks of valuation concerning any and all purchases.

2. Withdrawal
We reserve the right to withdraw any lot before, during and after the sale and shall have no liability whatsoever for such a withdrawal.

3. As Is
All items are sold AS IS, WHERE IS with all faults without any representations or warranties by us or the Seller as to merchantability, fitness for a particular purpose, the correctness of the e-catalogue or other description of the physical condition, size, quality, rarity, important, medium, frame, provenance, exhibitions, literature, or historical relevance. No statement anywhere, whether oral or written, whether made in on lagunaart.com, an advertisement, a lot receipt, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. We and the Seller make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property.

We and the Seller are not responsible for errors and omissions on lagunaart.com, glossary, or any supplemental material. LagunaART.com will not be responsible or liable for damage to frames and glass coverings, regardless of the cause. ALL SALES ARE FINAL.

4. Bidding
A. Entering Bids
To bid, find a lot page, enter a value in the bid box, and click “Place My Bid.” If you click “Place My Bid” on a lot, you will be prompted to either log in to your LagunaART account, or create a new one if you do not have one already.
(Is a bidder required to have a LagunaART account, or create one, before being able to place a bid? If not, revise copy)

Once you’ve created an account you will be presented with the lot details, conditions of sale, and standard shipping and redemption details. Once you have accepted the Conditions of Sale, you may proceed with placing a bid on that lot. All bids placed for any lot are governed by the Conditions of Sale for that lot.

You may bid at or above the starting bid displayed as the “Current Bid” in a lot page’s bid box. The current leading bid, along with a list of a lot’s full bidding history, (confirm this is true, being able to see a lot’s full bidding history, or delete copy) will be visible to other users. If the status of your bid changes, you will receive notifications via email and push.

B. Cancellation Rights
As soon as you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. LagunaART.com is not responsible or liable for any problems, delays, or other issues resulting from the use of the Internet, including but not limited to transmission, execution, or processing of Bids.

LagunaART.com nor the Seller is responsible for any errors in bidding. A bidder should make certain to bid on the correct lot. The Bidder should make sure the bid price they enter (including any taxes or fees) is the price they are willing and able to pay. Once the hammer has fallen and LagunaART.com has announced the winning Bidder, that Bidder is unconditionally bound to pay for that lot, even if the Bidder has made an error.

A bid(s) entered by mistake on the part of a bidder is NOT grounds for cancellation of that bid. Each bidder is responsible for his or her own account and bids. In addition, allowing access to another who enters a bid without your knowledge is NOT grounds for cancellation of a bid.

C. Fraudulent Bidding 

Any Bidder who is not a client in good standing of LagunaART may be disqualified at LagunaART’s sole discretion and will not be awarded lots. (What qualifies as a “client in good standing”?)   Such determination may be made by LagunaART in its sole discretion, at any time prior to, during, or even after the close of the Auction. LagunaART.com reserves the right to exclude any person from the auction.

Bids will not be accepted from minor persons under eighteen (18) years of age without a parent’s written consent containing an acknowledgement of the conditions herein and indicating their agreement to be bound thereby on behalf of the bidder.

If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.

Any bidder that represents a purchaser is personally and individually responsible for any obligations of the purchaser set forth in these terms and conditions. All purchasers purchasing pursuant to a valid resale license will need to provide appropriate documentation for removal of state sales tax.

D. Winning & Disputes
The successful bidder is the highest bidder acknowledged by LagunaART.com In the event of any dispute between bidders, or in the event of doubt on LagunaART’s part as to the validity of any bid, LagunaART.com will have final discretion either to determine the successful bidder or to re-offer and resell the lot in question. If any dispute arises after the sale, LagunaART.com’s sale record is conclusive. While LagunaART.com makes every effort to guarantee accuracy, in the event of an error, and a lot is accidentally declared sold by mistake, LagunaART.com reserves the right to cancel the sale and re-list the lot in its sole discretion.

By accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment.

Title to any lot remains with the Seller, any secured party of the Seller, or assignee of Seller, as the case may be, until the lot is paid for in full by the Bidder. LagunaART.com reserves the right to require payment in full before delivering any lot to the successful bidder.

5. Refunds
Refunds are rewarded on a case by case basis and at the sole discretion of LagunaART.com

This Lot
Shipping and handling charges will be determined based upon the winning bidder's shipping address. These charges are based on several factors including, but not limited to:

• Oversized packaging
• Physical weight
• Fragile packaging
• Warehousing fees
• Customs fee for shipments outside the U.S.
• Additional domestic, and international insurance (if necessary).

The approximate range of shipping cost for this item begins at: $150.00.
Based on destination and size, weight of art work.

Additional shipping fees will appear as a separate charge after the final cost has been determined. Merchandise is insured for the winning amount and is typically shipped with signature required, unless otherwise specified, via professional carrier.

For more information, email info@lagunaart.com

How Shipping Works

Getting your item - Items will be shipped directly from LagunaART.com or can be picked up at the LagunaART.com Gallery located at The Shops at Mission Viejo Mall in Mission Viejo, CA. Items shipping from LagunaART.com will be sent within five business days of payment settlement by the winning bidder. Winning bidders should ensure the desired shipping address is provided to LagunaART.com within 24 hours after payment settlement. LagunaART.com will default to the shipping address listed on the winning bidder’s account unless otherwise notified. 

Items that require signature - Items with a sale price of $1,000 and above are typically shipped with signature required.

Tickets & Certificates - For hard copies of tickets and certificates, the minimum shipping, handling, and applicable insurance charge is $14.95. Tickets, certificates, and vouchers, unless otherwise specified, will be shipped via professional carrier with standard ground service. Merchandise is insured for the winning amount.

Merchandise - The minimum shipping charge for merchandise is $19.95. (Shipments outside the U.S. are subject to additional shipping and customs fees.) Merchandise, unless otherwise specified, will be shipped via professional carrier with standard ground service. Oversized items may require special delivery arrangements, which LagunaART.com will coordinate between the winning bidder and the selected freight carrier. All merchandise is insured for the winning amount.

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1. Website Terms

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.

1A. Refunds

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. 

SHIPPING

2. Use License

1. 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:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Laguna Art Group's web site;

1. 1. remove any copyright or other proprietary notations from the materials; or
   2. transfer the materials to another person or "mirror" the materials on any other server.
2. 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.

3. Disclaimer

1. 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.
2. 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.

4. Limitations

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.

6. Links

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.

7. Site Terms of Use Modifications

Laguna ART Group may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

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.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• 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.

 questions? ph. 949-257-9008 • info@lagunaart.com