When in this document we use the term “you” or “your” or “Buyer” it is intended to include each respective buyer of Artwork offered for sale by Nature Sculpted.™ When in this document we use the term “us” or “we” or “our” it is intended to refer to Nature Sculpted™ which is a wholly owned Division of Avitas Apothecary, LLC, an Arizona not-for-profit company.
These "Terms and Conditions" (the "Conditions for Sale of Sculpture") apply to your purchase and our sale of Artwork created by artists represented by Nature Sculpted™ for and on behalf of their sole and exclusive Artist’s Agent.
3. Title and Risk.
As soon as the Buyer has paid the sale/purchase price in full for any respective Artwork and the Artwork has been delivered by the shipper to the Buyer, the Buyer will become the legal owner of that Artwork, and as such will be responsible for the care and security of the Artwork accepting all risk of damage to, or loss of, the Artwork.
4. Ownership of the Copyright to Artwork.
4.1 Copyright in the Artwork remains the property of the Artist and no part of the Artist’s copyright passes upon purchase and sale of the Artwork.
4.2 Accordingly, the Buyer may not present the Artwork in a public showing and;
4.3 The Buyer may not produce an image of the Artwork (except for incidental noncommercial reproductions such as personal photographs of physical settings where the Artwork is displayed) without advance written permission from Artist in each instance, through contacting Nature Sculpted™ .
4.4 Artist’s signature and/or copyright notice as they appear on the Artwork and/or its base at the time of sale shall not be removed or concealed.
5.1 In compliance with federal law, Buyer will not intentionally damage, alter, modify, or change the Artwork in any way whatsoever. Buyer shall undertake all reasonable efforts to ensure that the Artwork is properly maintained and;
5.2 If any alteration of any kind occurs after receipt by Buyer, whether intentional or accidental and whether done by Buyer or others, the Artwork shall no longer be represented to be the work of the Artist without the Artist’s written consent and;
5.3 Buyer shall not destroy the Artwork or permit the Artwork to be destroyed without first offering to return ownership to Artist or his successor in interest, through contacting Nature Sculpted™ .
Buyer shall seek Artist’s prior written approval, through contacting Nature Sculpted™, for all repairs and restorations to the Artwork which are to be made during the lifetime of Artist, and Buyer shall give Artist the first opportunity to accomplish said repairs and restorations at a reasonable fee.
7. Resale or Transfer of Ownership.
The Buyer agrees to notify the Artist of any resale, transfer, or other change in ownership of the Artwork originally purchased by Buyer, through notice delivered by Buyer to Nature Sculpted™ within thirty (30) days of such change in ownership.
8. Breach by Buyer.
8.1 Buyer agrees that as to any breach by Buyer of any Buyer obligation under paragraphs 4, 5, 6 or 7, that:
(a) payment of damages will not be a sufficient remedy to compensate Nature Sculpted™ or the Artist for your breach and;
(b) we may, and the Artist may, apply to a court of competent jurisdiction for an order to prevent you from continuing to breach your obligations under these Terms and Conditions.
9. Data Collection, Protection and Updates.
10. Right to Limit or Refuse Sale.
We reserve the right, but are not thereby obligated, to limit the sales of our Artwork to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to refuse the sale of Artwork to anyone for any reason or for no identifiable reason at all, at any time.
11. Works of Art.
We strive to display on our website only the Artwork available for sale at that time. Certain works of art or services may be available exclusively online through the website. We have made every effort to display as accurately as possible the colors and images of the Artwork which appears at our site, though we cannot guarantee that your computer monitor's display, or the internet capture, of any color will be accurate. We provide each buyer with a competent Bill of Sale and a separately produced and recorded Certificate of Authenticity which serves as indisputable provenance supporting your purchase and ownership of an authentic original steel sculpture or unique Limited Edition bronze sculpture created by a Master Sculptor we represent under an exclusive agency agreement.
Prices for the various pieces of Artwork are shown in U.S. dollars, and are subject to change without notice. Prices do not yet include relevant taxes. All monetary payments made to the benefit of Nature Sculpted™ for goods and services via the website of naturesculpted.com are handled by our secure third-party service provider, PayPal®, and not by Nature Sculpted™ or our managers, Artists or Artist’s Agent. We have the right to refuse, cancel or limit any order placed for items listed at the incorrect price due to a typographical or other error, whether or not an order confirmation has been sent and/or payment has been made. We provide special, reduced, pricing for commercial clients, such as professional designers and international resellers, meeting our Commercial Client Criteria. To learn more, please contact us.
13. Notice to Arizona Residents Concerning Sales Tax.
We are required to collect sales taxes amounting to 8.05% of the total amount of sale from all persons who receive at an Arizona address the Artwork purchased online. We collect and forward payment of these taxes to the Arizona Department of Revenue under law of the State of Arizona, County of Maricopa, and City of Mesa, where our parent company is domiciled and where Nature Sculpted™ physically operates as an ongoing business concern.
Our Artwork is packed by experienced employees in our shipping department utilizing bubble wrap and foam packing inside either a double-walled cardboard box or wooden crate. Shipping and delivery to the purchaser is procured and insured through reputable couriers, primarily United Parcel Service. The purchaser is free to make alternative shipping and delivery arrangements to suit their individual needs, in accordance with their own means. Expedited shipping is available for an extra charge to the buyer. If you require special delivery services or would like to arrange international shipping, you may let us know by using our Contact Us form, which you may reach by clicking the link.
15. Shipping Charges.
15.1 United States and Canada: We are pleased to provide ground service shipping free of charge to buyers within the United States and Canada.
15.2 Shipping outside of the United States and Canada: The buyer is responsible for the cost of shipping to countries outside of the United States and Canada.
16. Matters Affecting Shipping Schedule.
We use our best efforts to ship items as communicated once we receive a complete order. However, any delivery date we provide must be considered as a good faith estimate, since the activities of a third-party - the shipping company - ultimately affects shipping and delivery dates. If you purchase more than one item, it is possible that we will pack and send them to you in separate containers, which the shipping company may, or may not, deliver on separate days. If the Artwork you purchase is on public display in one of our shows at the time of your purchase, the Artwork will be shipped to you on the next business day following the end of the show. See also paragraphs 17 and 20 below.
17. Temporarily Out-Of-Stock.
Occasionally, due to efforts we make to keep our inventory low or due to unforeseen technical errors in the website, it may arise that Nature Sculpted™ finds Artwork which you have ordered and for which you have paid to be temporarily out-of-stock at the inventory level. It is our practice to limit inventory levels by creating the sculpture within a Limited Edition series as needed. For instance, in a Limited Edition series numbered 1/12 through 12/12, we will create the bronze sculptures in stages or groups of castings. We may cast only 1/12 through 4/12 in the first stage, 4/12 through 8/12 in the second stage, and 9/12 through 12/12 in the final stage. In the event we sellout the stage held in inventory more quickly than expected, it will take us approximately thirty (30) days, from molding the wax model to patina of the casting, to create the bronze sculptures of the successive stage. To be directed to an explanation of the Lost Wax process of creating bronze sculpture as utilized by Nature Sculpted™ you may click the link. In the event your order is affected by such an event, we will notify you by way of the email address provided by you at checkout. We will do our best to accommodate each buyer affected. See also paragraph 20 below.
18. Warrant and Guarantee.
We warrant and guarantee that our sculptures are of the finest quality and utmost durability. You may read the complete details of our warrant and guarantee as provided through our Warranty by clicking the link. We make no additional representation or warranty of any kind whatsoever, express or implied, in connection with our Artwork, except as specifically stated in our Warranty. See also paragraph 19 below.
We have not had a return as of the date these Terms were last updated. We pride ourselves on creating and selling award-winning sculpture; works of art of the highest quality. Unlike those who sell their works of art “as is” and without guarantee, we warrant and guarantee that our sculptures are of the finest quality and utmost durability. We inspect the quality of our Artwork throughout the casting process. We inspect the quality of our Artwork after casting, following the application of the patina and waxing. We again inspect the quality of our Artwork when it reaches our gallery inventory, and again immediately prior to shipping to the buyer following a purchase. We ensure the Artwork will display the highest quality when it arrives in your hands by carefully packing it for shipment utilizing materials that provide excellent protection during the shipping process. Returns are subject to the details of our Warranty. Read our Warranty by clicking the link.
20. Forces Beyond Our Control.
Nature Sculpted™ is not liable for, and Buyer shall hold Nature Sculpted™ harmless for, failure to fulfill its contract obligations if such failure results from causes beyond its reasonable control (for example: acts or omissions of the Buyer, human-made or natural disasters, epidemic medical crises, materials shortages, labor actions or strikes, acts of vandalism, acts of terrorism, theft, delays in transportation, or inability to obtain labor or materials through regular sources).
21. Rights of Third Parties.
No person other than you and Nature Sculpted™ have any rights under these Terms and Conditions other than in respect of paragraphs 2 and 4 above which, respectively, confers a benefit upon the Artist’s Agent and a benefit upon the Artist, which benefits are intended to be enforceable by those persons, respectively.
22. Governing Law and Jurisdiction.
Through your purchase of Artwork from Nature Sculpted™ you have agreed that these Terms and Conditions shall be construed in accordance with, and be subject to, the exclusive jurisdiction and venue of the state or federal courts located in Maricopa County, Arizona, and that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us relating to your purchase.
Last Updated: 09/10/16
Conditions for Sale of Sculpture
STANDARD TERMS AND CONDITIONS
FOR THE PURCHASE AND SALE OF SCULPTURE
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