Terms of service
OVERVIEW
Welcome to The Ray Almon Collection. The terms “we,” “us,” and “our” refer to The Ray Almon Collection. The Ray Almon Collection operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). The Ray Almon Collection is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They contain important information concerning your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you have given consent for your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing information, payment information, and shipping information.
You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide such information.
You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your customer account to another person.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to accurately represent the products and services offered through our online store. However, colors and product appearance may differ from what appears on your screen because of differences in devices, displays, settings, lighting, photography, and other factors.
Original artworks offered through the Services are unique, one-of-one works unless expressly identified otherwise. Variations in color, texture, brushwork, surface appearance, dimensions, and other characteristics may occur between the physical artwork and digital photographs or reproductions displayed through the Services. Such variations do not constitute a defect.
Prints, reproductions, apparel, and merchandise may also vary slightly in color, positioning, scale, material, or appearance because of differences in printing processes, production facilities, materials, screens, and devices.
Limited-edition, signed, or numbered works, when applicable, will be identified as such in the applicable product description.
Product descriptions, availability, specifications, and pricing may be changed without notice. We reserve the right to discontinue products and to limit quantities offered to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. The Ray Almon Collection reserves the right to accept or decline an order for any lawful reason at our discretion.
An order is not considered accepted until payment has been successfully received and processed and the order has been accepted by us.
Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests once an order has entered production, preparation, fulfillment, or shipment.
If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, or telephone number provided with the order.
Purchases are subject to our Return & Refund Policy.
Original Artwork
Because original artwork is one of a kind, availability is subject to prior sale.
Although we make reasonable efforts to maintain accurate inventory, an original artwork may occasionally become unavailable because of an in-person sale, exhibition sale, simultaneous online transaction, inventory error, or other circumstance.
If an original artwork becomes unavailable after an order is submitted, we may cancel the order and refund amounts paid for the unavailable work.
Commissions and Custom Orders
Commissioned and custom artwork may be governed by additional written terms concerning deposits, reference materials, creative direction, revisions, completion schedules, final payment, delivery, shipping, cancellation, and other project-specific requirements.
Where additional commission terms are accepted by the customer, those terms become part of the agreement governing the commission.
Unless otherwise expressly agreed in writing, deposits for commissioned artwork become non-refundable once work has begun.
SECTION 4 – PRICES AND BILLING
Prices, discounts, availability, and promotions are subject to change without notice.
The price charged will generally be the price displayed when an order is submitted and reflected in the order confirmation.
Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs, duties, or import charges.
Prices offered online may differ from prices offered at exhibitions, galleries, pop-up events, physical locations, or through third-party sales channels.
We reserve the right to correct pricing errors or other inaccuracies. If a material pricing error affects an order, we may cancel the affected order and refund amounts paid.
You agree to provide accurate, complete, and current payment and account information for purchases.
You represent that you are authorized to use any payment method submitted and agree to pay all applicable charges, including taxes and shipping.
SECTION 5 – SHIPPING AND DELIVERY
Processing and delivery times are estimates unless expressly stated otherwise.
We are not responsible for carrier delays, weather events, transportation interruptions, customs processing, incorrect customer-provided addresses, or other circumstances outside our reasonable control.
Original artwork may require additional preparation, specialized packaging, insurance, tracking, and/or signature confirmation before shipment.
Additional processing, packaging, insurance, tracking, signature confirmation, fulfillment, and delivery terms are described in our Shipping Policy, which is incorporated into these Terms by reference.
Customers should review the Shipping Policy before purchasing.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including trademarks, branding, text, images, artwork photographs, graphics, videos, audio, designs, product descriptions, page layouts, and other content, are owned by The Ray Almon Collection, its affiliates, licensors, or applicable rights holders and are protected by applicable intellectual-property laws.
These Terms permit use of the Services for personal, non-commercial purposes only.
Except as expressly permitted, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, commercially exploit, store, or transmit protected material from the Services without appropriate written authorization.
Purchase of Artwork Does Not Transfer Copyright
Purchasing an original artwork, commissioned artwork, print, or other physical product does not transfer copyright, reproduction rights, licensing rights, trademark rights, or other intellectual-property rights associated with the artwork or image.
Except where expressly transferred through a separate written agreement signed by the applicable rights holder, all copyrights and reproduction rights remain with their respective owner.
A purchaser may privately own, possess, display, resell, gift, or otherwise transfer the purchased physical artwork subject to applicable law.
Purchasing the physical artwork does not authorize the purchaser to reproduce, commercially exploit, license, merchandise, tokenize, mint as a non-fungible token (NFT), create commercial derivative products from, or otherwise commercially use the artwork or its image without appropriate written authorization.
No purchase through the Services grants permission to use artwork, photographs, product images, logos, or other protected material for merchandise, advertising, publications, commercial social-media campaigns, artificial-intelligence training datasets, or other commercial purposes unless expressly authorized in writing.
The Ray Almon Collection's names, logos, product names, service names, designs, and slogans may constitute trademarks or other protected intellectual property and may not be used without appropriate authorization.
Shopify's trademarks remain the property of Shopify. Other trademarks appearing through the Services belong to their respective owners.
SECTION 6A – COMMISSIONED ARTWORK AND ARTIST RIGHTS
Unless otherwise agreed in writing, commissioned artwork reflects the artist's creative interpretation of the subject matter and reference materials supplied by the customer. Variations resulting from artistic interpretation do not constitute defects.
Customers commissioning artwork represent that they have the right to provide photographs, images, logos, or other reference materials submitted for use in the commission and that authorized use of those materials for the commission will not violate another person's rights.
Unless otherwise agreed in writing, the artist retains copyright and reproduction rights in commissioned artwork.
The artist may photograph and reproduce completed commissioned artwork for portfolios, exhibitions, catalogs, websites, social media, archival records, promotional materials, and other lawful artistic or business purposes.
A customer requiring confidentiality or restrictions on public display, photography, publication, or reproduction of a commissioned work must obtain our written agreement to those restrictions before the commission begins.
SECTION 7 – OPTIONAL TOOLS
We may provide access to tools or services supplied by third parties that we do not monitor or control.
Such tools may be provided “as is” and “as available” without warranties, representations, or endorsement by us.
Your use of third-party tools is at your discretion and may be subject to the third party's own terms and policies.
Future features, tools, and resources offered through the Services will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links, integrations, or materials provided by third parties.
We are not responsible for evaluating or guaranteeing the accuracy, availability, practices, products, services, or content of third-party websites or services.
If you access a third-party service, you do so subject to that provider's applicable terms and policies.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
The Ray Almon Collection is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with The Ray Almon Collection.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Ray Almon Collection, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Ray Almon Collection.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process personal information concerning your access to and use of the Services in order to provide and improve its services.
Information submitted through the Services may also be transmitted to Shopify and appropriate service providers involved in payment processing, order fulfillment, shipping, marketing, analytics, fraud prevention, and other store operations.
Please review our Privacy Policy and Shopify's applicable privacy policies for additional information.
SECTION 11 – FEEDBACK
If you voluntarily submit reviews, suggestions, ideas, comments, photographs, feedback, or other content regarding our Services (“Feedback”), you represent that you have the rights necessary to provide that Feedback.
Subject to applicable law, you grant us permission to use Feedback for legitimate business purposes, including operating, evaluating, improving, and promoting the Services.
Feedback must not violate the intellectual-property, privacy, publicity, or other rights of another person or contain unlawful, abusive, defamatory, obscene, malicious, or misleading content.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, dimensions, availability, pricing, promotions, shipping charges, transit times, or other information.
We reserve the right to correct errors, update information, or cancel affected orders where appropriate, including after an order has been submitted.
If we cancel a paid order because of such an error, amounts paid for the canceled item will be refunded as appropriate.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to violate applicable law; infringe intellectual-property or other rights; transmit malicious software; conduct fraud; impersonate another person; collect personal information unlawfully; interfere with security features; send unauthorized spam; scrape or extract protected content contrary to applicable law or authorization; or otherwise misuse the Services.
We reserve the right to restrict or terminate access when we reasonably determine that these Terms have been violated.
SECTION 14 – AGENTS
If autonomous or semi-autonomous software agents interact with the Services, such agents must comply with applicable technical restrictions, identification requirements, security controls, and other rules established for the Services.
Agents may not conceal their automated nature, circumvent access restrictions or CAPTCHAs, misrepresent themselves as human users, or evade measures intended to control automated access.
We may restrict or prohibit automated access to the Services.
SECTION 15 – TERMINATION
We may suspend or terminate access to the Services where permitted by law, including for violations of these Terms.
Termination does not eliminate payment obligations or other responsibilities incurred before termination.
Provisions concerning intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, governing law, and other provisions that by their nature should survive termination will continue to apply.
SECTION 16 – DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” except for warranties expressly provided by us or rights that cannot lawfully be excluded.
We do not guarantee that the Services will always be uninterrupted, error-free, secure, or available.
Nothing in these Terms excludes consumer rights or warranties that cannot legally be waived or limited.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, The Ray Almon Collection and its applicable owners, affiliates, officers, employees, contractors, agents, service providers, and licensors will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages arising from use of the Services or products purchased through the Services.
Nothing in these Terms limits liability where such limitation is prohibited by applicable law.
SECTION 18 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless The Ray Almon Collection, Shopify, and their applicable affiliates, officers, employees, agents, contractors, licensors, and service providers from third-party claims arising from your material violation of these Terms, applicable law, or another person's rights.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as necessary.
The remaining provisions will continue in effect.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with policies and additional written terms incorporated by reference, constitute the agreement governing use of the Services and applicable purchases, subject to any separate written agreement expressly governing a particular transaction or commission.
SECTION 21 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.
We may assign or transfer our rights and obligations as permitted by law.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict-of-law principles.
Subject to applicable law, the parties consent to the jurisdiction and venue of the appropriate state and federal courts located in Georgia.
SECTION 23 – HEADINGS
Headings are provided for convenience and organization only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
The most current version of these Terms will be available through our website.
We reserve the right to update these Terms by posting revisions to the website.
Where required by applicable law, we will provide notice of material changes. Continued use of the Services following the effective date of revised Terms constitutes acceptance to the extent permitted by law.
SECTION 25 – CONTACT INFORMATION
Questions concerning these Terms of Service may be directed to:
The Ray Almon Collection
A brand operated by Capricorn Capital Investments
Email: orders@rayalmoncollection.com
Website: https://rayalmoncollection.com
Phone: 770-294-3300
Georgia, United States