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Terms and conditions

This website is operated by Jamie Thomson, who operates under the LLC Brilliant Blue Designs (or dba brilliantbluejay) as a sole proprietor. Throughout the site, the terms “we”, “us” and “our” refer to Brilliant Blue Designs LLC and Jamie Thomson. Jamie Thomson and Brilliant Blue Designs LLC offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

You expressly acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you also acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products, services, User-Generated Material and information available at or through the Services, the possibility of our review, use or display of User-Generated Material, and the possibility of publicity and promotion from our review, use or display of User-Generated Material that You provide.     

By accessing, viewing, bidding on, or purchasing a Product listed on Our Website, You understand expressly agree that these Terms and Conditions (“Terms and Conditions”) govern Your access to, and use of, Our Services and that any use of our Website, and all bids and sales associated with our Products are contingent upon Your acceptance of the Terms and Conditions, as may be modified by us from time to time. By using our Website, in particular, by bidding on or purchasing a Product, You expressly agree to be bound by these Terms and Conditions, as amended from time to time. Please read them carefully and often, as the following Terms and Conditions, and any other policies linked to herein, govern your access to, and use of, all Services, and constitute a binding legal agreement between you and Brilliant Blue Designs LLC. 

Representation and Reservation of Rights

We represent and warrant that, as to Original Works of Art made available through the Services, We are the creator of all such Original Works of Art and the sole and exclusive owner of all such Original Works of Art and the digital rights thereto. You acknowledge and understand that all digital rights, title and interest to an original work, a digital work, and all derivative intellectual property remain the sole intellectual property of Jamie Thomson, and Brilliant Blue Designs LLC., and that We retain all digital rights to all Original works after the sale of the physical Original work. Reproduction of any Product infringes on the copyright of the Artist and, therefore, will be an actionable violation of U.S. and International Copyright Laws. That is, All Derivative ad Digital rights to the image of and rights to the Original Work are reserved by, and remain the property of, The Artist. You acknowledge and agree that no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us, Our licensors, and Third-party Providers, except for the licenses and rights expressly granted herein.

Disclaimers

  1. All Original Works of Art sold by Jamie Thomson, Brilliant Blue Designs LLC, and Services of our Third-Party Providers, are provided “As Is,” without warranty of any kind, either express or implied.
  2. Without limiting the foregoing, Jamie Thomson, Brilliant Blue Designs LLC explicitly disclaims any warranties of merchantability, and fitness for a particular purpose. We also disclaim arising out of course of dealing or usage of trade, including without limitation, warranties of Accuracy, availability, quality, compatibility with any of Purchaser’s standards or requirements, As well as any warranties arising by operation of law of from a course of dealing or usage in trade. No advice or information, oral or written, obtained by You form or in any manner from the Services or Product creates any warranty.
  3. We make no warranty that the Website, Services, or Content, will (i) meet your requirements, or (ii) be available, uninterrupted, secure, or error-free.  
  4. We make no warranty regarding the quality of any Products, or the quality of any Services, or the quality of any Content, or the accuracy, timeliness completeness, or reliability of any Content obtained through the Website or Services. 
  5. You understand and agree that no warranty, express or implied, is created based on Your reliance on oral or written advice or information obtained from Jamie Thomson, Brilliant Blue Designs LLC.

By viewing, using, accessing, browsing, or purchasing a work on or through our website or Services, or submitting or posting any content or material on jamiethomsonart.com, or otherwise using our Services, You expressly acknowledge, agree, warrant and represent that:

   A.You have read, understand, and agree to be bound by these Terms and Conditions, which include our Privacy Policies (incorporated herein and made a part hereof by reference)  whether or not You have registered with the Services.  If You do not agree to these Terms and Conditions and the Privacy Policy, then You have no right to access or use the services. If You do access, use any of our Services, or make a purchase through our Website You acknowledge acceptance of all Terms and Conditions herein, and You acknowledge that You have entered into a binding contract with Us. 

   B.You consent to all Terms and Conditions herein before accessing or using our Services;

  C.If You accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

   D.YOU have read and understand these Terms and Conditions, You recognize Your consent to the Terms and Conditions are a condition precedent to Your use of any and all Services, including viewing Our products, purchasing Our products, and/or conducting business with Us, whether online, by phone, in person, via an Agent, or by using any associated Services; 

   E.You understand these Terms and Conditions are a binding legal contract between You and Jamie Thomson, Brilliant Blue Designs LLC;

   F.If You do not accept all Terms and Conditions, You will not access or use any of our our Services; 

   G.You understand that any purchase initiated or completed in abrogation of the Terms and Conditions, in whole or in part, may be terminated by Us; and,

  1. You understand that We reserve the right to modify any item contained in the Terms and Conditions at any time. Changes will be effective immediately upon posting to Our website, at which time such they shall be incorporated herein and made a part hereof. Should you access or use our Services after such changes are posted, you are subject to their terms.

   

Product, Payment, Fulfillment and Gift Card Information

Nothing on this Service Website constitutes an offer. Rather, the prices posted constitute an invitation for you to bid on, or make your own offer to purchase Products. All Product orders are subject to acceptance by jamiethomsonart.com.

  1. Payments are processed by our PCI-compliant third-party payment processor. All Product orders and Services by our third-party payment processor are governed by these Terms and Conditions:
  2. Purchases must be made by credit card, debit card, or PayPal through our third-party Service Provider;
  3. Payment will not be processed if any information You submit is incorrect or invalid;
  4. We have no responsibility or liability if your credit, debit card or PayPal payment is declined;

You may purchase a gift card through the our third-party payment processor, but We cannot issue store credit for gift cards; 

Once payment is made, You agree that are subject to Our Return Policy; and

  1. We reserve the following rights: 
  2. To change the price of any product on our website without notice; and,

   3.To take a product out of inventory for sale, or modify a listed product, at any time, without notice.

 Terms of Sale

You understand and acknowledge that every Product offered for sale on jamiethomsonart.com is a Unique Item: Original Artwork. By purchasing any of our Products, You hereby accept all Terms and Conditions stated herein and understand that, to the maximum extent permitted by law, all of Our products are sold to You “As Is” and without any warranty of any kind, express or implied. We expressly disclaim all warranties and conditions of any kind, express or implied, with respect to the Products.

  1. By purchasing Our Product, You understand and agree that all Sales are Subject to Our Cancellation and Return Policies contained herein.
  2. PLEASE NOTE THAT BECAUSE OF THE UNIQUE QUALITY OF THE ORIGINAL ARTWORK BEING SOLD, WE ARE EXEMPT FROM THE EU Directive on Consumer Rights and are not required to offer and/or accept returns. 
  3. We make every possible effort to accurately  display the colors, textures, dimensions and images of every product. However, we cannot guarantee that your computer monitor will accurately depict the detail and color of the piece. You understand and agree that we use commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, We are not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and we disclaim all liability in this regard;
  4. Product colors, measurements, and weights are approximate only and may vary from the representation on the Services. These differences will not constitute a defect in, or noncompliance of, the Product.
  5. As Collectors know, it is not unusual that the back-side of the canvas arrives with stray paint marks and/or the Artist’s notes. In many cases, in time, this will add value to the work. If it does not please You, know that many Collectors cover it with the signed Certificate of Authenticity;
  6. Each Original Painting comes with Certificate of Authenticity hand-signed by the Artist.

Though we entertain all bids, we cannot guarantee the Product of your choice will still be available at the time of your bid. 

  1. It is possible Products will sell to Collectors at prices higher than those listed online.
  2. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including but not limited to,  the following: 
  3. Problems are identified by credit and fraud avoidance services. We may also require additional verifications, approvals or other information before accepting any order. After We receive Your offer to purchase Products, We will send an order acknowledgement to the email address you provide listing the contents of your requested order. This email serves only as information to the purchaser acknowledging that the order has been received;
  4. If a higher offer for the same unique Product has been received before shipment or acceptance of your bid, we will contact you and confirm whether you would like to increase your bid or purchase a different piece instead;
  5. Limitations on our ability to accept orders for shipment to addresses outside the Continental United States: We reserve the right to refuse any order You place with Us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed; 
  6. Products may not be available for immediate delivery;
  7. If your offer is declined by Jamie Thomson, Brilliant Blue Designs LLC, You agree that We may contact You to let you know and to help You find similar works or facilitate a commissioned piece; and,
  8. An offer for any product or service made on this site is void where prohibited.

Taxes and Duties:

  1. All Prices, fees and other amounts referred to in these Terms are stated in U.S. dollars.
  2. You expressly acknowledge and accept that Online prices include the Work of Art packaging and shipping within the US and Canada only. 

If you are outside the US and want to purchase a piece:  

          (i)  Packaging, Shipping, Handling Fees, insurance, GST, Sales Tax, Customs Fees, Duties, and Tariffs are not included in the Cost of the Product and are the Sole responsibility of the Purchaser;  

         (ii)  For deliveries in the U.S., Sales Tax is included in the purchase price, but this is not the case for deliveries Outside of the U.S.: For International Sales, Customs and Duties may not be calculable until the Products enter Your country. In some cases, You are invoiced when the purchase arrives at its final destination. You understand that Our Purchase Prices Do Not Include additional costs levied on your Purchase upon shipment of products. That is, You understand and agree that You will pay the amount of any and all additional costs levied on Your Purchase upon shipment, that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”), including, but not limited to, any sales, use, value added (“VAT”), goods and services (“GST”) customs fees, import or  similar taxes or withholding taxes or any customs fees, duties or tariffs and the like, that may apply to, or be levied on, Your shipment, but is NOT included in Your price paid at Checkout, whether assessed at the point of entry of the destination country or otherwise. You understand and Agree that this may result in You, the buyer. having to pay additional charges which are not included in the total price displayed at checkout; and,

        (iii) For International Sales, although We are not able to calculate Taxes You will owe, we will provide the necessary paperwork to the Delivery Service. In that regard, We are unable to remove pricing from documents, and We do not mark packages as gifts or samples.  All prices will be accurately shown on the paperwork for customs clearance.

  1. Each party will cooperate with the other party, and furnish any customary written documentation or forms required under applicable law to enable all parties to comply with all legal obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.  Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT and GST.
  2. You understand, warrant and expressly agree that We assume, and have, no responsibility for Purchases damaged in Transit; That all sales are EXW, ExWorks, meaning that the Transfer of Risk to You occurs when We place the Product at Your disposal for Pickup from our location in Johns Creek, Georgia, for transfer from the Us to You. You understand that from that point on, You are responsible for the Product’s condition; You will provide Your current phone number and address. We are unable to ship to a post office box. And You are responsible for carefully entering everything correctly in the “Ship To” portion of Your Purchase: your full name, the full address to which Your Products will be shipped and Your phone number with country code. We rely on this information to create a shipping label and are not responsible for any events (labeling delays, lost shipments, etc.) that might occur due to the inaccurate entry of Your “Ship To” address.