Terms & Conditions (T&Cs) Gallery at 759 Main, DBA

T&Cs for the USE of our On-line Website

Effective as of September 10, 2024

We at Gallery at 759 Main DBA (referred to as “Gallery at 759”, “us”, “we”, or “our”) have established these Terms & Conditions (these “Terms”) to let you (“User”) know your Rights and Obligations, as well as conditions, limitations and exclusions that might apply to you when using our website. The resolution of disputes requires the use of arbitration on an individual basis, rather than Jury Trials or Class Actions.

When placing orders through our website, you affirm that you are at least 18 years of age or that you have the consent of your parents or guardian to make the purchase. As such, you are bound by our Terms & Conditions. If you are making a purchase on behalf of a Company or Organization, you affirm that you have the legal authority to bind your Company or Organization to our terms and Conditions. You may not make a purchase of our products or services through our website if you (A) Do not agree to our terms and conditions, (B) You are not at least 18 years of age or (C) You are prohibited from accessing or using our website or any of our website’s contents, goods or services by applicable law.

These Terms apply to the purchase and sale of products and services through gallery759.com (the “website”), owned and operated by Gallery at 759 Main DBA. These Terms are subject to change without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the effective date stated at the top of our Terms & Conditions policy. You should review these Terms prior to purchasing any products or services that are available through our website. You should also read our Privacy Policy before placing an order on our website. See Privacy Policy under our Policies heading on our main website landing page.

ORDER ACCEPTANCE AND CANCELLATION:

You agree that when you place an order through our website, it is an offer to buy. As such, you agree to all the Terms we are stating for terms of Use. It governs all items or services placed in your order. All orders you place must be accepted by us or we will not be obligated to sell you the products or services that are available through the site. We may choose not to accept an order at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We will generally honor the purchase to buy offer, unless we subsequently realize there was an unintentional error on the website, or we deemed the product does not meet our quality standards.

PRICES AND PAYMENT TERMS:

Prices posted on this website may be different than prices offered in our brick-and-mortar store, at other locations we offer our products or through third party affiliates. Our objective is to have consistent products and services pricing, but we may change our pricing without notice. These changes can be based on market conditions, time in inventory, cost of inventory, seasonal changes, availability of products, etc. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or shipping and handling outside the lower 48 United Sates. Shipping to the lower 48 United States is free.

All such taxes and charges will be added and itemized to your shopping cart at the time of checkout. It will also appear in your order confirmation. We strive to display accurate pricing information, however we may on occasion make typographical errors, inaccuracies or omissions related to pricing and availability. We therefore reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

For our Subscribers, we may occasionally offer exclusive pricing and offer a promotional discount code. The discount offered will also available, itemized and applied at checkout.

Based on our inventory assessment and market conditions, we may also occasionally offer clearance pricing. We are in the process of creating a clearance category and that is planned for the 4th quarter of 2024.

Terms of payment are within our sole discretion and unless otherwise agreed to by us in writing, payment must be received before our acceptance and delivery of your order. We accept all major credit cards which are authorized to be processed through the creditor. We also offer third-party financing through AFFIRM. We are not responsible for any contract you agree to with AFFIRM. You are responsible for understanding AFFIRM’S Privacy Policies and Terms when you sign a contract to make a purchase through them.

You represent and warrant that the credit card information you supply to us is (a) true, correct and complete, (b) you are duly authorized to use such credit card for the purchase of product and services, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay the itemized charges incurred by you at the posted prices at checkout. Including taxes and where applicable shipping.

SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS:

We shall arrange for shipments of the products to you. Gallery 759 offers free shipping to the lower 48 states within the United States. For shipping outside of the lower 48 states please contact us for shipping costs. Customers paying for shipping may elect to use a preferred carrier. The shipping rate will be based on the selected carrier’s actual costs from the Gallery at 759 Main to your specific location.

Title and risk of loss pass to you upon our transfer of products to the carrier. Once an item is shipped, we will provide you with a tracking number. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

SUBSCRIBING AND EMAIL COMMUNICATION:

When you subscribe to receiving our Subscriber Exclusive emails, you agree to let us store your email address within our WIX database for the purposes of emailing you subscriber specials (“eblasts”). If you no longer wish to be on placed on our Subscriber distribution list, you can request we remove you by sending a request to galleryat759@gmail.com. If we subsequently send you an eblast, please accept our apology and send us another notice and we will review our list to ensure that you have been deleted. We respect our customers privacy and will make every effort to avoid a second request. We do not generally send an email notification to let you know you have been removed from our distribution list.

RETURNS AND REFUNDS:

If you want to return an item for online store credit, send us an email at galleryat759@gmail.com or call (978) 503-0901 to discuss circumstances for return. We only offer a refund in the form of an on-line credit within the first 14 days of product receipt. Since many of our items are one-of-a-kind, we do not generally offer exchanges. If we have more than one of the items you purchased in inventory, we will let you know and give you the option for exchange or online store credit.

Eligibility for On-line store Credit:

A request for a refund will not be honored if the request is made after 14 days of receipt.
Gift Cards are not refundable.
Damaged goods are not refundable. You must address the damaged product with the carrier.
If you are paying for shipping, we do not refund shipping.
If you are returning and item, you are responsible for return shipping.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or reason for rejection of your refund (online store credit).

If you are approved for the online credit, a credit code will be emailed to you for use on your next gallery759.com purchase. We value your business, and we’ll make every effort to ensure you are satisfied with your purchase. Please give us a call on (978) 503-0901 if you want to discuss any issues you have with your purchase.

Once discussed and approved, send your return to: Gallery at 759, 759 Main Street, Fitchburg, MA 01420.

WARRANTIES AND DISCLAIMERS; Authenticity:

All products and services offered on our website are provided “As Is” without any warranty whatsoever, including without limitation:

(a) warranty of merchantability; (b) warranty of fitness (note: Our posted dimensions are intended to be fairly accurate but could be off up to a half inch), (c) warranty against infringement of intellectual property rights of a third party; (d) safe for it’s intended use; and (e) any warranty of authenticity (note: If we use Gallery759 as the authenticator, we will stand behind the autograph. We are collectors with over 40 years’ experience, and we’ll only use our name if we are certain the autograph is authentic. Whether express, or implied by law, course of dealing, course of performance, usage of trade, or otherwise, you hereby disclaim all warranties that the products are safe for their intended use.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you. You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or any damages arising out of your purchase of products or services offered on our website. You acknowledge and agree that for many of the products offered on our website, we are relying on third-party services to authenticate the products offered on this website and given the nature of the industry, we make no representation or warranty as to the authentications (except where we are using gallery759). We will use our best efforts to follow written and established procedures for authenticating products in accordance with industry standards.

LIMITATION OF LIABILITY:

In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminished value, arising out of, or relating to, and/or in connection with any breach of these terms or any injury incurred (Physical or otherwise) regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. Our sole and maximum liability, for any reason and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and services (excluding shipping costs is applicable) you have ordered through our website in the 6 months preceding the claim.

The limitation of liability set forth above shall only apply to the extent permitted by law.

PRIVACY:

We respect your privacy and are committed to protecting it. Our Privacy Policy is identified under our “Policies” heading on our main landing page on website gallery759.com and it is also available at checkout. It governs the processing of all Personal and Usage data collected from you in connection with your purchase of our products and services (Framing) through our website.

INDEMNIFICATION:

You agree to defend, indemnify, and hold harmless Gallery at 759 Main DBA and its owners, officers, employees, contractors, associates, third-parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorney’s fees), along with any claims made by a third-party, guest, invitee or otherwise relating to any injuries incurred as a result of your purchase of products or services through our website, and a breach of these terms and conditions (ex. Improper hanging of the product, etc.)

INTELLECTUAL PROPERTY:

The website and its content, features and functionality are and will remain the exclusive property of Gallery at 759 Main. Our logo, company name, website and email addresses are not to be used without our prior written consent.

While we may have used some language to outline our policies from other sources, we respect the intellectual property of others in this industry. It is our policy to respond to any claim that any text, graphics, pictures, photographs, names, or other information posted on our website infringes on the copyright of others. We do use AI as a means for describing our products and to the extent that others in this industry use AI in describing their products, there may be some overlap. Our site is operated from the United States. All matters regarding the use of our website are governed by the laws of Massachusetts, unless otherwise governed by federal law or the state where your purchase was made.

DISPUTES:

You and Gallery at 759 Main DBA agree to give up any right to litigate claims in a court of law or before a jury or participate in a class action suit or representative action with respect to a claim. All claims that cannot be settled between the parties (You and Us) will be resolved through forced binding arbitration. The Federal Arbitration Act will govern the interpretation and enforcement of this section. You have the right to legal representation even if you agree to forced binding arbitration.

The arbitrator will be empowered to grant whatever relief would be available in court or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgement in any court of competent jurisdiction. If you prevail on any claims that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

A highly ethical business company, It is our intent to always try to resolve disputes without escalating the matter through forced binding arbitration, as we value our customers and look for repeat business. To that extent, we never want to alienate our customers. You can contact the National Associates of Consumer Advocates (NACA) at info@consumeradvocates.org or call (202) 452-1989 for more information regarding your consumer rights.

If any provision of this arbitration agreement is deemed unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. If for any reason an arbitrator or court of competent jurisdiction declares that the foregoing arbitration agreement is void or unenforceable, such that the dispute must be litigated in a court of law, then the exclusive venue for any lawsuit arising out of this Agreement shall be Worcester County, Massachusetts, and the Parties consent to personal jurisdiction and venue before said court.

The parties waive any recourse to the Federal Courts of the United States, including District Courts, Courts of Appeal or the Supreme Court, for any reason or any dispute. In any lawsuit arising out of these Terms, the parties hereby expressly, knowingly, intelligently, and voluntarily waive their right to a jury trial and agree to a trial by judge (aka bench trial).

These rights only apply to the person making a purchase through our website. This person must be of legal age (18) and have the authority to make purchases through our website. If purchases have been made illegally or without parental consent, and the product was shipped, then we have the right to cancel the purchase and have the property returned in as shipped condition before issuing a credit for the return.

USE OF CUSTOMER PICTURES, PHOTOS AND QUOTES FOR ADVERTISING:

Gallery at 759 Main enjoys featuring our customers with their purchase, a quote about their purchase and their shopping experience on the front page of our website. By sending us a picture of yourself with your purchase and a quote, you consent to us posting it on gallery759.com. Before posting, we will review your picture and quote for appropriateness. If for any reason you decide you want us to remove it from the website, send a request to galleryat759@gmail.com and we will remove it promptly. These terms also apply to anyone allowing us to take their picture and quote at our brick-and-mortar store.

YOUR CONSENT TO THIS AGREEMENT:

Entire Agreement. Our order confirmation, these Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these terms. By placing orders on our website, you agree to these terms and conditions. If we decide to change these terms, we will make every effort to post these changes on our website so that you will always be able to understand the Terms of Use and Conditions that apply to you. Your use of our website following any amendments of the Terms will signify your consent to and acceptance of its revised terms.

NOTE: THIS CONTRACT CONTAINS A FORCED BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY EITHER PARTIES OR DISPUTED BY YOU AS THE CONSUMER. DO NOT MAKE PURCHASES THROUGH OUR WEBSITE IF YOU DO NOT AGREE WITH OUR POLICIES OR TERMS OF USE.

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Terms & Conditions (T&Cs) Gallery at 759 Main, DBA