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ORIGINAL. AFFORDABLE. CURATED.

OAC® sells original, curated art priced up to $5000. Shop below by medium, style, price, size and color.

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Terms and Conditions

OAC Gallery LLC, provides a service for selling and purchasing original works of art (the “Services”) through our website, accessible at www.OACgallery.com (the “Site”). Please read carefully the following terms and conditions (“Terms”). These Terms are legally binding and govern your use of the Site and Services.

YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING THE “ACCEPT” BOX, BY ACCESSING OR USING THE SITE OR SERVICES, OR BY PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept and 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, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Eligibility

The Site and Services are intended solely for persons who are age 18 years or older. Any access to or use of the Site or Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are age 18 years or older.

Customer Registration

The first time you purchase one or more works of art on the Site (the “Work(s)”), you will be asked to create an account by completing our Customer Registration Form. During the registration process you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process. You are responsible for safeguarding your password. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree that OAC Gallery is not liable for any unauthorized use of your account.

Purchasing Works of Art

Once registered, you may purchase Work(s) that are listed for sale on the Site. When you purchase Work(s) through the Site, you are purchasing Work(s) directly from OAC Gallery and not from the artist identified on the listing for such work (the “Artist”). Further, you may not purchase the Work(s) listed on the Site directly from the Artist or anyone else independent of the Site.

Prices for Work(s) (the “Listing Price”) will be as specified on the applicable listing. The Listing Price does not include shipping and handling charges or any applicable taxes. These charges will be added before the final confirmation of your purchase. Once you confirm your purchase, OAC Gallery and/or its third party service providers will process your payment.

Shipping

The Artist will be notified within 24 hours of your purchase of the Artist’s Work(s). In general, the Artist will ship the Work(s) to the address you provided at the time of purchase within 15 calendar days of being notified.

Return Policy

All sales will be considered final as of the 11th calendar day after delivery of the Work(s). If for any reason, you are not satisfied with the Work(s), you may return the Work(s) to OAC Gallery by notifying OAC Gallery within 10 calendar days of delivery of the Work(s). After OAC Gallery receives notification that you wish to return the Work(s), you will receive instructions for shipping the Work(s) back to OAC Gallery using one of OAC Gallery’s preferred shippers. OAC Gallery will pay for return shipping only if you ship the Work(s) using an OAC Gallery preferred shipper account. If you do not ship the Work(s) using an OAC Gallery preferred shipper account, you will not be reimbursed for any amount you paid for shipping. OAC Gallery will provide shipping insurance and will work with you to resolve a claim if a Work is lost or damaged in shipping.

Taxes

The Listing Prices are stated in U.S. dollars and do not include any sales, use, value added, goods and services, or similar taxes or withholding taxes or any customs, duties, or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase and sale of Work(s). OAC Gallery will add applicable taxes to the amounts charged, as a separate charge, when required or when allowed to do so. 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. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

Color

You understand and agree that OAC Gallery uses commercially reasonable efforts to display the colors of the Work(s) accurately on the Site. However, because individual computer monitors may display colors differently, OAC Gallery is not responsible for the color accuracy of Work(s) and disclaims all liability in this regard.

Cancellation Policy

OAC Gallery reserves the right to cancel any order for Work(s) of Art placed via the Site if OAC Gallery determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site. If OAC Gallery cancels an order, OAC Gallery will send you an email notification of such cancellation and you will not be charged for your order.

Privacy Policy

We collect certain of your personal information during the registration process. Some of this information will be shared with the Artist, with shipping companies who will deliver the Work(s) to the address you provide us, and with other employees and agents of OAC Gallery who must use that information to provide services to you. Also, OAC Gallery may use your contact information to send you updates, advertisements, discounts, offers, and the like, unless you unsubscribe from these communications. Otherwise, unless required by law, OAC will not disclose your personal information to anyone. OAC Gallery also maintains physical, electronic, and procedural safeguards to guard your personal information from unauthorized access.

General Prohibitions

You may not:

  • Access, tamper with, or use non-public areas of the Site, OAC Gallery’s computer systems, or the technical delivery systems of OAC Gallery’s providers;

  • Attempt to probe, scan or test the vulnerability of any OAC Gallery system or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OAC Gallery or any of OAC Gallery’s providers or any other third party (including another user) to protect the Site;

  • Attempt to access or search the Site or download OAC Gallery content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided and approved by OAC Gallery or other generally available third party web browsers;

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing a OAC Gallery trademark, logo, URL or product name without OAC Gallery’s express written consent;

  • Use the Site for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing.

OAC Gallery will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. OAC Gallery may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that OAC Gallery has no obligation to monitor your access to or use of the Site or Services, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. OAC Gallery reserves the right, at its sole discretion, at any time and without prior notice, to remove or disable your access to the Site.

Intellectual Property Related to the Site

All right, title and interest in and to the Site, including all intellectual property rights, are exclusively owned by OAC Gallery or the artists who sell Work(s) through the Site. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.

OAC Gallery respects copyright law and expects its users to do the same. OAC Gallery will terminate your registration and remove or disable your access to the Site if OAC Gallery believes you infringed the rights of any copyright holder, including OAC Gallery, its software suppliers or its artists.

Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OAC GALLERY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OAC GALLERY MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OAC GALLERY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORK(S), SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OAC GALLERYOR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold OAC Gallery, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, OAC Gallery Services, or your violation of these Terms.

Liability

To the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and Services remains with you. Neither OAC Gallery nor any other party involved in creating, producing, or delivering the Site and Services will be liable for any damages, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site or Services, or from any communications, interactions or meetings with other users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not OAC Gallery has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. If OAC Gallery is found to be liable, its liability shall be limited to the total amount of your purchases on the Site in the 6 months prior to the action giving rise to the liability.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the internal laws of the State of New Mexico without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any such action will be in either the State or Federal courts located in Albuquerque, NM, and you waive any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between OAC Gallery and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between OAC Gallery and you regarding the Site and Services

Severability

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (1) by OAC Gallery via email (in each case to the address that you provide), or (2) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.