Terms and Conditions of Use
These terms and conditions govern your use of this web site (the “Web Site”) operated by Raiford Gallery, Inc. (“Raiford Gallery”). By using this Web Site you consent and agree to these terms and conditions, as amended. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CEASE IMMEDIATELY ALL USAGE OF THIS WEB SITE.
These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either “Terms and Conditions” or this “Agreement”. Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or shopping on our site. These Terms and Conditions are subject to change without prior notice.
Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Seller. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.
Raiford Gallery makes no claim of ownership to the trademarks of any manufacturer or consignee (collectively, the “Vendor”) whose products are listed on this Web Site, or for any publisher or publication mentioned on this Web Site, including any goodwill that arises from the use of those trademarks. All trademarks are the property of their respective owners. You may not use the Raiford Gallery logo, Raiford Gallery trademark, or Raiford Gallery’s name or trademarks, or other proprietary graphic without the prior written permission of Raiford Gallery.
Accuracy of Information
Product specifications and other information are provided by the Vendors or collected from publicly available sources. While Raiford Gallery makes every effort to ensure that the information on this Web Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web Site.
Raiford Gallery makes no warranties or representations whatsoever with regard to any product provided or offered by any consignee, and you hereby acknowledge that any reliance on representations and warranties provided by any consignee shall be at your own risk.
Permitted Use of Content
You hereby agree that you will not modify, copy, redistribute, transmit, display, perform, mirror, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from this Web Site without the express permission of Raiford Gallery or the owners of such Content if other than Raiford Gallery.
Termination of Usage
Raiford Gallery may suspend or terminate any User’s access to all or any part of this Website including any account thereon, without notice, for any reason in Raiford Gallery’s sole discretion, including without limitation Raiford Gallery’s belief that such access would violate any applicable law or would be harmful to the interests of any Raiford Gallery employee, consignee or another User.
Every User is responsible for (i) keeping such User’s Raiford Gallery account password confidential and (ii) restricting access to such User’s computer. Each User agrees to accept full responsibility for all activities that occur within such User’s account.
DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that your use of RAIFORDGALLERY.COM is at your sole risk. RAIFORD GALLERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE, ITS CONTENT AND PRODUCTS AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED TO YOU AND ANYONE ELSE ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RAIFORD GALLERY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RAIFORD GALLERY AND ITS CONSIGNORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, USEFULNESS, COMPLETENESS, EFFECTIVENESS OR TIMELINESS OF THE CONTENT, PRODUCTS, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE SITE. ANY USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THIS WEBSITE.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT NEITHER RAIFORD GALLERY NOR ANY OF OUR CONSIGNORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, INJURY OR DAMAGE AS A RESULT OF YOUR USE OR MISUSE OF THE SITE OR ANY CONTENT, PRODUCT OR INFORMATION AVAILABLE OR NOT AVAILABLE THROUGH IT. IN NO EVENT SHALL RAIFORD GALLERY, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, ANY SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, DAMAGES RESULTING FROM LOST RECORDS OR DATA, INTERRUPTION, DOWNTIME, INCORRECT LINKAGE, DELAY, INACCURACY OR OTHER NONPERFORMANCE, ANY DAMAGES RELATING TO YOUR USE OR RELIANCE UPON THE SITE OR THE CONTENT, SERVICES OR OTHER INFORMATION CONTAINED THEREIN OR WITH REGARD TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, NON-TIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONSIGNORS. THIS LIMITATION OF DAMAGES SHALL APPLY REGARDLESS OF WHETHER YOU OR ANYONE ELSE HAS ADVISED RAIFORD GALLERY OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATION OF LIABILITIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE RAIFORDGALLERY.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS AS AMENDED, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF GEORGIA, UNITED STATES OF AMERICA.
Raiford Gallery Inc. Terms and Conditions of Sale
Any agreement for the purchase of goods and/or services from Raiford Gallery shall be governed by and is made subject to these Raiford Gallery Inc. Terms and Conditions of Sales Policies stated below (collectively, the “Agreement”). This Agreement constitutes the entire agreement between the parties relating to the products and services provided by Raiford Gallery to Customer. This Agreement may not be amended or modified except when customer and Raiford Gallery have signed a separate agreement, in which case the separate agreement will govern. Raiford Gallery may, at its sole option, revise the Agreement from time to time without notice to Customer by posting the revised Agreement terms on its web site. By ordering any product or service via this Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted. Prices and availability are subject to change without notice.
Raiford Gallery obtains some content data from consignees. While Raiford Gallery makes every effort to ensure the accuracy of this data, this web site may include technical or typographical errors. Product images do not necessarily represent the actual product. Raiford Gallery reserves the right to make changes to such data and this web site at any time. Raiford Gallery Inc. makes no warranty of any kind with respect to the data on or obtained from this web site, or the accuracy of advice given by Raiford Gallery employees, whether or not such advice is made in writing. Typographical, product description, pricing and other errors are subject to correction by Raiford Gallery even after orders and/or payments are accepted.
Pricing Information; Availability Disclaimer
Raiford Gallery reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, consignee price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able to fulfill Customer’s orders even after orders and/or payments are accepted. If Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Raiford Gallery reserves the right at any time after receipt of your order to accept or decline your order for any reason. Raiford Gallery reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All placed orders must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before processing any order.
Payment Terms, taxes, and other charges
Until accepted by Raiford Gallery, orders are not binding upon Raiford Gallery. Terms of payment are within Raiford Gallery’s sole discretion. Customer is responsible for, and will indemnify and hold Raiford Gallery harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Rairford Gallery’s costs of collection, including but not limited to court costs, filing fees and attorney’s fees.
Raiford Gallery collects sales taxes for the state of Georgia. If you are tax exempt from Georgia, please fax or email a copy of your sales tax certificate. Without a valid copy of your certificate, we are unable to waive the sales tax collection.
Products purchased on this web site will be delivered f. o. b. from Raiford Gallery or any of Raiford Gallery’s consignors that are shipping directly to the customer on behalf of Raiford Gallery. The risk of loss shall pass to the customer when the product is delivered to the transportation carrier, regardless of who is responsible for transportation charges and terms of shipment. Raiford Gallery and our suppliers are not responsible for any damages during shipment. Raiford Gallery will use its best efforts to meet the delivery time stated at the time of order placement. Under no circumstance will Raiford Gallery guarantee product delivery at the stated time of order placement, nor are we responsible for any damages caused by the failure to meet the delivery time.
Products Purchased for Export
Raiford Gallery ships product only within the contiguous United States. If products are being purchased for purposes of export, customer is responsible and must obtain from the U.S. government certain export documentation before shipping to a foreign country.
Products are available for purchase for Buyer’s own personal use or to give as a gift, only. Resale of Products purchased under these Terms is expressly prohibited. This resale prohibition is a material condition to Buyer’s rights under these Terms, and it is agreed that any direct or indirect distribution, transshipment and/or sale of Products by Buyer or others purchasing through Buyer will be a material breach of these Terms and will result in irreparable harm to Raiford Gallery for which money damages will not be adequate. In the event of such breach, the parties agree that Raiford Gallery, in addition to any other remedies it may have at law and/or in equity, will be entitled to injunctive relief to prevent any threatened or continued breach, and to specifically protect and enforce this provision.
Governing Law and Venue
This Agreement, the entire relationship between you and Raiford Gallery, and any litigation or other legal proceeding between you and Raiford Gallery (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its choice of law rules.