Terms & Conditions

ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

MODIFICATIONS TO THE SERVICE AND PRICES
The prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Item availability
Original Artwork pieces are one of a kind. Although I make every effort to keep current availability listed correctly on my site, but if for some reason an error had occurred,
and the painting you had purchase has already been sold, I will notify you either via
e-mail or telephone.

 

Credit Card Charges
Our website uses Stripe. Stripe can use cards branded with Visa, MasterCard, American Express, Discover, JCB, and Diners Club: In other words, it works with most major networks.

 

  1. The Buyer identified in the payment authorization described below (“Buyer”) agrees to pay the total purchase price for the goods and/or service acquired from the Seller (The Art Of Rhoades, LLC) in the amount notified by the Seller (“Purchase Price”) and authorized by the Buyer, in either a single payment or in the number of installment payments as set forth in the payment authorization (“Authorization”). Payment will be made by the Buyer authorizing the Seller to charge Buyer’s credit or debit card (“Card”), if applicable per merchant business rules, in a single payment (“Single Payment”) in equal monthly installments as set forth in the Authorization for each month until paid in full (each an “Installment”).”  The authorization will be in the agreed form issued by the Seller. Buyer acknowledges and agrees that this Customer’s Terms and Conditions (this “Agreement”) supplements the Authorization and the agreement with the Buyer’s Card issuer and governs the agreement with respect to the payment of the Purchase Price using the services of The Art Of Rhoades, LLC
    .
  2. Single Payment
  • Current Single Payment. If Buyer agrees to a Single Payment, then Buyer authorizes Seller to charge Buyer’s Card for the Purchase Price in a Single Payment subject to the terms and conditions hereunder, but subject to the terms and conditions of Buyer’s Card.
  • Deferred Single Payment. If agreed by the Seller, Buyer may have the option of deferred payment for the Single Payment for the number of days agreed by the Seller in the Authorization at the time of Purchase. At the expiry of the agreed deferral period, the Purchase Price remaining will be charged to the Buyer’s Card.
  1. Installment Payments
  • Current Installment Payments. If Buyer is paying by Installment, then Buyer authorizes Seller to hold an authorization against the Buyer’s card for the Purchase Price, adjusted each month, based on the payment Installments to date until the Purchase Price is paid in full to Seller.
  • Deferred Installment Payments. If Seller allows deferred payments for any or all Installments, the number of days agreed at time of purchase and set out in the Authorization will defer the payment of each Installment by the agreed for stated number of days. If an Installment has not been paid at the expiry of deferral then Buyer’s Card will be charged the remaining Installment amount.
  1. Payment Default. Any payment not paid when due will be charged interest at the Annual Percentage Rate stated in the Buyer’s Card agreement and disclosure statement until fully paid. To the extent applicable, Buyer agrees that any Installment amounts due on the Purchase that have been charged to Buyer’s Card and not paid when due or if the statement balance is not paid in full when due, pursuant to the Buyer’s agreement with their Card issuer (“Issuer”), Buyer will be charged interest at the Annual Percentage Rate stated in the Issuer’s Disclosure Statement, or under other applicable law or regulation, until the Installments are fully paid.

If the Buyer’s card Issuer fails to pay a payment for any reason, or fails to re-authorize any authorization for the outstanding balance of Purchase Price, Seller, may charge Buyer’s Card at any time for the full outstanding Purchase Price after 7 day notice to the Buyer’s email.

  1. Authorization on Card

Buyer agrees that Seller may obtain authorization on Buyer’s Card for the full amount of the Purchase Price at the time of sale, for Single or for Installment payment as agreed, for Installment Payment Seller may obtain authorization on Buyer’s Card each month for the Installment and the entire remaining balance of the Purchase Price. Buyer understands that this authorization will remain in effect until Buyer pays all outstanding Installments. Seller may, obtain authorization on the Buyer’s Card only for each monthly installment on a month by month basis.

Buyer agrees that for deferred payments Seller may obtain an authorization on the full amount of the Purchase Price and such authorization shall be adjusted monthly and/or in accordance with the deferral, to account for the terms of the agreed payment agreement until all payment of the Purchase Price in full.

Buyer acknowledges the authorizations allowed hereunder may adversely impact Buyer’s available credit on Buyer’s Card. The pending authorizations may temporarily overlap on Buyer’s Card, further reducing the amount of available credit during that time period. Buyer agrees Seller is not liable for any adverse consequences to Buyer as a result of such authorization.

In the case of a card authorization being rejected for any reason, Buyer understands that Seller may, process the Card for authorization again.

In case of refusal of a card payment or authorization, or a card chargeback by Buyer or Buyer’s issuer, Seller or Seller’s affiliates may pursue collection actions against Buyer for the remaining Purchase Price including process the Card for the full remaining balance.

  1. Fraud Detection. Buyer acknowledges and understands that The Art Of Rhoades, LLC may use fraud detection technologies or other similar preventive tools of third parties with respect to transaction authorizations. In the event that The Art Of Rhoades, LLC, or any third party on behalf of The Art Of Rhoades, LLC, indicates an illegal, fraudulent or other credit risk activity associated with a transaction made by a Buyer, such transaction may be limited or declined by The Art Of Rhoades, LLC and/or Buyer.
  2. Information Changes. Buyer agrees to notify The Art Of Rhoades, LLC, in writing via Buyer’s user account at theartofrhoades@gmail.com, of any changes to Buyer’s Card, account information or termination of this authorization. The Art Of Rhoades, LLC will update such information and process such requests within 30 days after receipt of notification. Buyer understands that the payments may be authorized and charged on the next business day after notice of change. Buyer further understands that because these are electronic transactions, any authorizations and charges may be immediately posted to Buyer’s account.
  3. Communications. The Art Of Rhoades, LLC will only communicate with the Buyer for marketing purposes via email or other electronic means if the Buyer has provided a prior opt in consent. The Art Of Rhoades, LLC may communicate with and solicit Buyer via or other non-electronic means without such prior opt in consent. The Buyer may withdraw its consent at any time.
  4. Compliance with Laws. Buyer acknowledges that the origination of any authorized transactions to the Buyer’s account must comply with the provisions of applicable law. Buyer certifies that Buyer is the authorized user of the Card used for the purchase and will not dispute the payment with Buyer’s Card company.
  5. Limitation of Liability.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW IN NO EVENT WILL THE ART OF RHOADES BE LIABLE TO BUYER FOR ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT, INDIRECT; SPECIAL; INCIDENTAL; OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE IN RELATION TO THIS AGREEMENT; EVEN IF THE ART OF RHOADES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Authority to Describe. Buyer agrees that if delivery of the goods or services is not made at the time of execution of this contract, the description of the goods or services and the due date of the first payment may be inserted by Seller, in Seller’s counterpart of the contract, after it has been signed by Buyer and with the effect it will be agreement as to the Purchase Price and terms for payment.
  2. Invalidity. If any one or more of the terms of this Agreement shall for any reason be held to be invalid or unenforceable, such term shall be construed in a manner to enable it to be enforced to the extent compatible with applicable law. Any determination of the invalidity or unenforceability of any provision of this Agreement shall not affect the remaining provisions hereof unless the business purpose of the terms is substantially frustrated thereby. 

Privacy Policy. Buyer’s privacy is important to us. You may obtain a copy of The Art Of Rhoades, LLC Privacy Policy by visiting our website at https://www.theartofrhoades.com/. The Art Of Rhoades, LLC may share information, without Buyer’s consent, about our transactions and experiences with Buyer with other affiliated companies and unaffiliated third parties, including consumer reporting agencies, other creditors, and fraud detection service provider, ONLY as permitted by applicable law. Except as permitted by applicable law, The Art Of Rhoades, LLC may otherwise share information that was obtained from credit applications or consumer reports, and any third parties with companies affiliated with us unless Buyer consents to our sharing of this information for the purposes that we have described to Buyer. If Buyer wishes to withdraw consent to any information sharing, Buyer shall notify us in writing via Buyer’s user account at theartofrhoades@gmail.com using the password Buyer was provided with for such notification and for accessing information on The Art Of Rhoades, LLC website or by email at: theartofrhoades@gmail.com. Buyer shall include Buyer’s name, address, account number and the last four digits of Buyer’s Card number used in this transaction so such request can be honored. By engaging in a transaction with The Art Of Rhoades, LLC services, Buyer agrees that Seller may report Your account to consumer reporting agencies.

Late payments, missed payments, or other defaults on Your Card account may be reflected by Your Issuer in Your credit report.

Governing Law and Dispute Resolution (United States). Any claim, dispute or controversy (“Claim”) arising from or connected with this Agreement, including the enforceability, validity or scope of this clause or this Agreement, shall be governed by this provision. Any Claim shall be resolved by arbitration before a single arbitrator, on an individual basis, without resort to any form of class action (“Class Action Waiver”), pursuant to this arbitration provision and the applicable rules of the American Arbitration Association (“AAA”) in effect at the time the Claim is filed.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Shipping Orders
Orders are generally shipped within three business days unless otherwise notified.

Packaged and Shipped
We use a professional shipping company who are experts in shipping art all over the world. They have over 30 years of experience. They use specialized packing materials and techniques, including Foam-In-Place, custom cushioning and blocking and bracing to secure your shipment.

This way, you can be sure that your cherished memory does not get damaged during the shipping process.

They will typically ship the carrier who is offering the best rates at the time. However, in some cases, artwork might need to be shipped by a special freight shipping company due to the large oversize and special shipping requirements.
If you have a special need please contact me.

Also available is services which include standard and premium level white glove delivery to business and residences. Note: We will need to: (Check for availability at your destination.)

International Shipping
I am able to accept International orders to locations available as an option in the shopping cart. I will contact you as needed if special circumstances or questions require additional communication.

For more details on the delivery options…Please email me at: TheArtOfRhoades@gmail.com.

We can discuss which options fit you best based on your needs.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 made at our store. 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.

For more detail, please review our Returns Policy.

Which credit cards do you accept?
Our website uses Stripe. Stripe can use cards branded with Visa, MasterCard, American Express, Discover, JCB, and Diners Club: In other words, it works with most major networks.

Do you charge sales tax?
All sales shipping are subject to 7.25% state sales tax.

Return and Cancellation Policy
Your satisfaction is important to me. I can offer a full refund (minus shipping cost) for items returned within 7 days of purchase. (However, if item is damaged, I do reserve the right to refuse the returned purchase.) We will ask that you take several photos of the artwork to ensure us that the product has not been damaged.

How do I make a return?
Please contact me directly for returns or cancellations.

You will be notified via email to the address listed on your account when this transaction has taken place.

Have questions about your order?
Please contact or call me at 949-874-1077. Please be sure to leave your name, message, time you called, and what the call is in regards to. Thank you.