Terms and Conditions

 Please review our Terms & Conditions before entering and using our website.

Table of Contents

(1) Agreement Between User and AshleysArt, LLC

[Summary:] Make sure you read this page (because you're agreeing whether you've read it or not!)

[Note] Please use and engage with our website and its content as outlined in our terms & conditions below!

(A) This page is designed to better your knowledge of The Briana D. Ashley Art Gallery website’s terms & conditions. This page acts as a contract between you (the User) and our company, The Briana D. Ashley Art Gallery, LLC.

By reading this page, you will be able to avoid any legal violations or infringements when using our website, purchasing Briana’s artwork, requesting commissions, conducting transactions, registering an account, or other related-functions.
 

(B) Our website and online store is offered to you upon your acceptance without modification of the terms (under certain circumstances,) conditions, and notices contained herein.

Your use of this website and business constitutes your agreement to all such terms, conditions, and notices. The permission to use this website and any other services offered by The Briana D. Ashley Art Gallery, LLC and its affliates is personal to you and is not transferable by assignment, sub-license, or any other method to any person/entity.

(2) Copyrights and Limitations on Use

[Summary] Everything is copyright protected!

(A) The information, artwork, content, branding, and trademarks available through this website are the sole property of The Briana D. Ashley Art Gallery, LLC, its licensees, and the artist, Briana D. Ashley; they are protected by copyright and other applicable laws, treaties, and conventions (as outlined under the United States Government.)

(B) All rights reserved. By accessing this website, you agree not to modify, edit, copy, sell, market, trade, and otherwise commerce the information, artwork, content, branding, and/or trademarks received through this website to anyone without the expressed prior, written consent of The Briana D. Ashley Art Gallery.

All artwork bearing the artist signature of Briana D. Ashley is also copyright protected. Any breach of these terms is punishable by law.

(C) Copyrights on commissioned artwork belong to Briana D. Ashley herein until otherwise legally transferred to you with proper documentation (C1 and C2 forms) of said transactions.

Oral communication, social media messages, text messages, email messages, or any other form of communication outside of a written documentation will not be used as legal agreements in the court of law of copyright transaction between you and The Briana D. Ashley Art Gallery, LLC.

(3) Termination & Equipment

[Summary] You can terminate your agreement at anytime!

(A) The Briana D. Ashley Art Gallery or the User may terminate this agreement at any time. You have the right to terminate this agreement for any dissatisfaction with:

  • any terms and conditions of this Agreement
  • any policy or practices of The Briana D. Ashley Art Gallery in operating this website,
  • content available through this website or
  • any change, revisions, or modifications therein.

(B) To terminate your agreement, send us an email detailing your termination to thebrianadashleyartgallery@gmail.com Any other form of termination will not be accepted. Your notice of termination will be effective upon receipt from us. We are not obligated to provide you with notice of termination, but may do so voluntarily.

All terms as outlined in this Terms & Conditions shall remain in effect after this Agreement has been terminated by you or The Briana D. Ashley Art Gallery.

(C) Each User shall be responsible for obtaining and maintaining all phones, computer hardware, tablets, and other devices needed for access to and use of this website. You agree not to hold The Briana D. Ashley Art Gallery responsible for any equipment failure or inability to access our website.

Similarly, in regards to receiving your orders, you shall be responsible for maintaining proper addresses, payment information, and contact information while purchasing through our online store. You are responsible for all charges related there to.

(4) Indemnification

[Summary] We will not be responsible for any damages, losses, or claims when you are using our website.

(A) You agree to indemnify and hold The Briana D. Ashley Art Gallery, LLC, its licensees, Briana D. Ashley, employees, officers, agents, and all other affiliates harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to attorney’s fees) arising from your use of this website.

You will also not hold The Briana D. Ashley Art Gallery responsible for your potential violation of this Term & Condition or any third party’s rights including copyrights, property, and privacy rights.

(B) This indemnification obligation will survive the termination of this Agreement and your use of this website.

Logos, branding, The Briana D. Ashley Art Gallery, LLC name, designs, and www.ashleysart.art are service marks and trademarks of our company and may not be used without expressed prior, written permission. All rights reserved.

(5) Modification of Terms

[Summary] Please review this page as often as you visit for any changes!

(A) The Briana D. Ashley Art Gallery shall retain the right at any time to impose, change, revise, or modify the terms & conditions applicable to the your use of this website, or any part thereof including content, artwork, products, functions, and equipment needed to access the website and any part thereof, or to impose new terms & conditions.

(B) Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means such as announcing on our website a revised version of this agreement. If any changes are unacceptable, you may terminate your agreement at anytime.

(C) Any use of this website by you after such notice (other than to terminate your agreement pursuant to the section below) shall conclusively be deemed to constitute your acceptance of such revisions, additions, or deletions.

You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subjected to additional terms and conditions imposed by third-party content providers in connection with our content, software, or services. Please read our Privacy Policy to review our policies regarding third-party services and your personal information.

(6) The Gallery

[Summary] The Gallery is free to view and share at anytime!

(A) We agree to provide our Users with 24/7 access to the online gallery section unless in a condition of modification, renewal, construction, or transfer.

All artwork published through this online gallery is protected by copyright laws. If you are found guilty of stealing, modifying, selling, rebranding, and commercing any of Briana D. Ashley’s artwork and/or The Briana D. Ashley Art Gallery merchandise, you may face legal penalties for copyright infringement.

(B) You may distribute, promote, advertise, and otherwise circulate any of Briana’s artwork with the intent of promoting Briana D Ashley and/or The Briana D. Ashley Art Gallery. Please credit us when you share her work.

(C) If shared on social media, please tag us in your shared post. We thank you for spreading the word about Briana! The more the world knows of her gifts and talents, the better she can grow as a Fine Artist!

(7) Commissions

[Summary] We review your request before Briana begins them.

(A) You agree, when using our Commissions Request form, to input only factual, accurate, and current information. This initial application requires no payment fee upon submission. This agreement states that all fields located on the form must be fully completed in order to review and accept submission.

(B) We agree to review requests within a 72 hour period of receipt. We reserve the right to decline submitted requests at our discretion based upon the following criteria: 

  • Incorrect, invalid, or insufficient information,
  • incomplete requests,
  • insufficient ReCaptcha or failed ReCaptcha test,
  • spam, computer bots, or unrelated messages,
  • obscene, demeaning, or inappropriate subject matters,
  • illegal or dangerous subject matters (promoting terrorism, illegal drug use, etc.,)
  • racism, sexism, nationalism, and other hate-related subject matters,
  • gore and gruesome subject matters, and
  • other subject-matters that hinder Briana D. Ashley’s (and The Briana D. Ashley Art Gallery’s) rights to religious freedom and speech.

(C) You may terminate this agreement if your declined request is found unacceptable. The Briana D. Ashley Art Gallery is not obligated to notify you of a rejected application. If you do not receive an email from us after the 72 hour period, please send us an email at thebrianadashleyartgallery@gmail.com This form is not subject to payment and is non-refundable, if received and expressed for that purpose.

All requests must be completed at the time of submission. Any incomplete submissions will automatically be declined. Also, any submission found guilty of being spam, computer bots, or unrelated content will also be automatically declined and possibly blocked/banned from our website.

(D)All artwork, creations, ideas, concepts, and other copy written rights belong to Briana D. Ashley until transferred to you or another party via our legal, copyright-transfer documents (C1 and C2 Forms.) If you are found guilty of modifying, selling, or otherwise commercing any commissioned, non-transferred artwork, you may be subjected to legal penalties.

(8) Contact Us Form

[Summary] Send us your questions, comments, and concerns! We are here for you!

(A) You agree, when using our Contact Us form, to input only factual, accurate, and current information. This agreement states that the all fields located on the form must be fully completed in order to review and accept submission.

(B) We agree to review requests within a 72 hour period of receipt. We reserve the right to decline submitted requests at our discretion based upon the following criteria: 

  • Incorrect, invalid, or insufficient information,
  • incomplete message,
  • insufficient ReCaptcha or failed ReCaptcha test,
  • spam, computer bots, or unrelated messages,
  • obscene, demeaning, or inappropriate subject matters,
  • illegal or dangerous subject matters (promoting terrorism, illegal drug use, etc.,)
  • racism, sexism, nationalism, and other hate-related subject matters,
  • gore and gruesome subject matters, and
  • other subject-matters that hinder Briana D. Ashley’s (and The Briana D. Ashley Art Gallery’s) rights to religious freedom and speech.

(C) You may terminate this agreement if your declined request is found unacceptable. The Briana D. Ashley Art Gallery is not obligated to notify you of a rejected application. If you do not receive an email from us after the 72 hour period, please send us an email at thebrianadashleyartgallery@gmail.com

All requests must be completed at the time of submission. Any incomplete submissions will automatically be declined. Also, any submission found guilty of being spam, computer bots, or unrelated content will also be automatically declined and possibly blocked/banned from our website.

(9) Online Shop and Checkout Portal

[Summary] We've made it easy to purchase Briana's originals and prints online!

(A) The Briana D. Ashley Art Gallery’s online store (via this website) is our company’s primary ecommerce portal that officially sells, commerces, markets, and trades all of Briana D. Ashley’s artwork and merchandise. We provide Briana’s physical artwork (both originals and reproductions) on an all-in-one, simple e-commerce store.

(B) Each piece that is listed in our online store is filterable by the following categories:

  • artwork style (ex. abstract,)
  • media type (ex. paintings,)
  • original availability,
  • color, and
  • orientation.

We provide you with a streamline way to navigate through  Briana’s available artwork. Some artwork may appear throughout the website (primarily the Gallery) that may not be listed in the store. If you wish to inquiry about the availability of a particular piece, please send us your interest through out Contact Us form (be sure to mention the name of the piece.)

(C) Promo codes are available only for User who have subscribed to our Patreon. To become a Patreon sponsor to access these exclusive coupons, visit our Patreon page by clicking the link here.

Promo codes are subject to specific artwork, merchandise, and scenarios exhibited by your cart, at our discretion.

(D) No promo code may be used in conjunction with another code, unless otherwise specified. Promo codes are not applied to sale, clearance, and final-sale artwork and merchandise.

 

(11) Shipping Rates

[Summary] We package and ship your new pieces with the best care possible!

(A) This section of the page shall be regarded to as our shipping policy for all of Briana’s artwork and The Briana D. Ashley Art Gallery merchandise sold through this website.

(B) Under this shipping policy, you shall receive purchases through shipment and delivery services provided by USPS (United States Postal Service) by default unless stated for local pickup.

(C) We reserves the right to ship any of Briana’s artwork and our merchandise via our desired shipping carrier at our own discretion. You also agree to any complimentary promotional/marketing materials (such as business cards, postcards, brochures, flyers, catalogs, thank you letters, etc.) that may be included with the purchases

(D) For returning purchases, you shall be responsible for reshipping the piece and its shipping costs. For exchanged purchases, you shall be responsible for reshipping the purchase and its shipping costs, while we shall remain responsible for shipping the exchanging purchase and its shipping costs. See our full policy on Refunds, Returns, and Exchanges below.

(E) Shipping pricing for the following regions can be viewed below at your leisure. We agree to charge you the amount specified based on the current shipping rates as indicated by the chart below. Shipping rates may vary based on shipping carrier selected for delivery.

Calculated based upon rates reported by the United States Postal Service effective January 26, 2020. (USPS, 2020) Price consists of expenses for shipping such as packaging materials, shipping costs, and delivery costs. View full USPS rates here.

USA 🇺🇸

(Local Pickup Available for Free!)

Standard: $3.50

Expedite: $11.50

Standard: $7.50

Expedite: $15.50

Standard: $7.50

Expedite: $15.50

Standard: $15.50

Expedite: $27.50

Standard: $15.50

Expedite: $27.50

Standard: $28.50+

Expedite: $50.50+

USA Territories 🇨🇺🇻🇮🇦🇸

Standard: $3.50

Expedite: $11.50

Standard: $7.50

Expedite: $15.50

Standard: $7.50

Expedite: $15.50

Standard: $15.50

Expedite: $27.50

Standard: $15.50

Expedite: $27.50

Standard: $28.50+

Expedite: $50.50+

Mexico 🇲🇽

Standard: $5.50

Expedite: $13.50

Standard: $9.50

Expedite: $19.50

Standard: $9.50

Expedite: $19.50

Standard: $17.50

Expedite: $31.50

Standard: $17.50

Expedite: $31.50

Standard: $52.50+

Expedite: $77.50+

Canada 🇨🇦

Standard: $5.50

Expedite: $13.50

Standard: $9.50

Expedite: $19.50

Standard: $9.50

Expedite: $19.50

Standard: $17.50

Expedite: $31.50

Standard: $17.50

Expedite: $31.50

Standard: $52.50+

Expedite: $77.50+

International 🌍

Standard: $12.50

Standard: $25.50

Standard: $78.50+

Artwork Size USA 🇺🇸 USA Territories 🇨🇺 Mexico 🇲🇽 Canada 🇨🇦 International 🌍

5 x 7 in.

(12.7 x 17.8 cm.)

Local Pickup: Free!

Standard: $3.50

Expedite: $11.50

Standard: $3.50

Expedite: $11.50

Standard: $5.50

Expedite: $13.50

Standard: $5.50

Expedite: $13.50

Standard: $12.50

8 x 10 in.

(20.3 x 25.4 cm.)

Local Pickup: Free!

Standard: $7.50

Expedite: $15.50

Standard: $7.50

Expedite: $15.50

Standard: $9.50

Expedite: $19.50

Standard: $9.50

Expedite: $19.50

Standard: $25.50

11 x 14 in.

(27.9 x 35.5 cm.)

Local Pickup: Free!

Standard: $7.50

Expedite: $15.50

Standard: $7.50

Expedite: $15.50

Standard: $9.50

Expedite: $19.50

Standard: $9.50

Expedite: $19.50

Standard: $25.50

16 x 20 in.

(40.6 x 50.8 cm.)

Local Pickup: Free!

Standard: $15.50

Expedite: $27.50

Standard: $15.50

Expedite: $27.50

Standard: $17.50

Expedite: $31.50

Standard: $17.50

Expedite: $31.50

Standard: $50.50

18 x 24 in.

(45.7 x 60.9 cm.)

Local Pickup: Free!

Standard: $15.50

Expedite: $27.50

Standard: $15.50

Expedite: $27.50

Standard: $17.50

Expedite: $31.50

Standard: $17.50

Expedite: $31.50

Standard: $50.50

25 in.+

(63.5 cm.+)

(Calculated based on size)

Local Pickup: Free!

Standard: $28.50+

Expedite: $50.50+

Standard: $28.50+

Expedite: $50.50+

Standard: $52.50+

Expedite: $77.50+

Standard: $52.50+

Expedite: $77.50+

Standard: $78.50+

(12) Refunds, Returns, & Exchanges

[Summary] Don't like it? Return, exchange, or refund it within 30 days guaranteed!

(A) Refunds, returns, and exchanges are available for all artwork and merchandise purchased through our online store (www.ashleysart.art/shop)

(B) You may receive a refund, return a purchase, or exchange a purchase for any artwork and merchandise purchased within 30 days of your receipt. 

All refund requests are subjected to partial or full refunds. We reserve the right to issue partial, full, or no refunds under its own discretion.

(C) Artwork and merchandise returned must be in either  “New” (unworn, very little damage) or “Used” (minimum damage) conditions.

After receiving your return, we may issue a refund at the discretion of the item’s condition. If the item does not fall within either condition as stated, we may reserve the right to deny your return. 

(D) Exchanges are available for artwork and merchandise purchased at a price-point of $15.99 or more.

You may exchange for any artwork or merchandise of equal value of your returning item. Exchange must be made no more than 30 days after your purchase (of which you are exchanging.)

(E) Artwork and merchandise being returned must be either  “New” (unworn, very little damage) or “Used” (minimum damage) conditions.

After receiving the exchanged item, we will ship the exchanging item to you after the exchanged item is approved. If the item does not fall within either condition as previously stated, we reserve the right to deny the exchange.

(D)  You will cover the re-shipment and shipping costs for the exchanged item, while the exchanging item’s shipping and shipping costs will be covered by The Briana D. Ashley Art Gallery.

(D) If you would like to return, exchange, or request a refund, please send us a message via our Contact Us form or email to thebrianadashleyartgallery@gmail.com with the subject “Return, Refunds, and Exchanges.”

  • BY READING THIS AGREEMENT OR ACCESSING THIS WEBSITE, YOU, THE User, HAVE AGREED LEGALLY TO ALL THE TERMS AND CONDITIONS OUTLINED IN THE AGREEMENT.

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