Terms and Conditions

Overview

Welcome to Gary Martin Art Shop. This website is operated by UK based Fine Artist, Gary Martin. Throughout the site, the terms “I”, “me”, “we”, “us” and “our” refer to Gary Martin Art Shop (gmartinartist.co.uk). 

Gary Martin offers this website to you based on your acceptance of the terms and conditions contained herein. Please read these terms carefully.

Gary Martin Art Shop (gmartinartist.co.uk) offers Fine Art paintings and drawings, commissioned oil paintings and charcoal portraits, reproductions, limited edition prints, greeting cards and other creative products.

These Terms and Conditions apply to all users of the site.

Rights to Artwork and Images

All artwork, images, and graphics are the sole property of Gary Martin and may not be used by any third party without written permission.  

Copying or reproducing artwork created by Gary Martin (as seen on gmartinartist.co.uk, gmartinartist.com, social media or elsewhere) is strictly prohibited without written permission.  

• Gary Martin retains all rights to all artwork until it has been purchased at which time the buyer receives the right to display the artwork in their home or business.  
• Gary Martin retains all rights to the image of all artwork including the rights to the image of sold and commissioned original paintings.   
• Gary Martin retains the right to make reproductions of any artwork create by Gary Martin unless the buyer has purchased rights to the artwork in addition to purchasing the original artwork. To discuss purchasing rights or to displaying the work in a public space please contact me.
• Purchasers of reproductions have the right to display the artwork in their home or business, or gift the reproduction, but they (and anyone who receives the artwork as a gift) retain no other rights to the artwork.   

Any image of the interior which includes the artwork in a third party publication (such as social media, magazine, or book) must come with attribution (artwork title, Gary Martin).

All other uses must be agreed to in advance in writing. 

International Users

Gary Martin Art Shop (gmartinartist.co.uk) is operated by Artist Gary Martin from within the UK. If you access the site from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Gary Martin does not trade outside of the UK via this website.

Security

Payment information is not retained by Gary Martin Art Shop and I take precautions to protect your information during this process. When you submit information via the website, your information is protected both online and offline. Whenever sensitive information is collected (such as credit card data), that information is encrypted and transmitted to us in a secure way through a Payment Processing System. 

Service And Prices

Prices for my products are subject to change without notice.

I reserve the right at any time to modify or discontinue the service I provide without notice at any time.

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

My products and services may have limited quantities and are subject to return or exchange only according to my Return Policy.

I have made every effort to display as accurately as possible the colours and images of the items that appear on the store. I cannot guarantee the accuracy of colours on your computer monitor’s display.

I reserve the right to limit the sales of products or services to any person, or geographic region. I may exercise this right on a case-by-case basis. All descriptions of products or pricing are subject to change at anytime. I reserve the right to discontinue any product at any time. 

Accuracy Of Orders and Invoicing

I reserve the right to refuse any order placed with me. I may limit or cancel quantities purchased per person, per household or per order. In the event that I make a change to or cancel an order, I will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at this store.

User Feedback And Submissions

If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, ‘comments’), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to me. I am and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

I may, but have no obligation to, monitor, edit or remove content that I determine unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by my Privacy Policy. View my Privacy Policy.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, 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. I reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Disclaimer Of Warranties; Limitation Of Liability

Although I do most best to make sure all information is correct, there may be inaccuracies, errors, typographical mistakes on this website. 

In no case shall Gary Martin Artist be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind as a result of the use of this website. 

Indemnification

You agree to indemnify, defend and hold harmless Artist Gary Martin from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Changes to Terms and Conditions

I reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to this website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Contact Information

If you have any questions about the Terms and Conditions please contact me.