Terms of service
OVERVIEW
Welcome to Tin Shop Gallery. The terms “we,” “us,” and “our” refer to Tin Shop Gallery. Tin Shop Gallery operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience. Tin Shop Gallery is powered by Shopify, which enables us to provide our online store and related services to you.
These Terms of Service, together with any policies referenced here, describe your rights and responsibilities when you use our website, shop our products, place an order, or otherwise interact with Tin Shop Gallery.
Please read these Terms of Service carefully. By visiting, interacting with, or using our website or services, you agree to be bound by these Terms of Service and our Privacy Policy, which can be viewed at:
https://tinshopgallery.com/policies/privacy-policy
If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our website or services.
SECTION 1 - ACCESS AND ACCOUNT
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 and have given us your consent to allow any minor dependents to use this website.
To use our website, browse our shop, or purchase products or services, you may be asked to provide certain information, such as your name, email address, billing address, payment information, and shipping information. You agree that all information you provide is accurate, current, and complete.
You are responsible for maintaining the security of your account information and for all activity that occurs through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
Tin Shop Gallery offers original watercolor paintings, fine art prints, mugs, tote bags, notecards, and other art-related products featuring artwork by Chuck Delpapa.
We make every effort to represent our products as accurately as possible. However, colors, cropping, texture, size, and overall appearance may vary slightly from what appears on your screen due to differences in devices, monitors, photography, lighting, and product production methods.
Original watercolor paintings are one-of-a-kind works unless otherwise stated. Prints and gift items are reproductions of original artwork and are not original paintings unless clearly described as original artwork.
All product descriptions, prices, product availability, and images are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities available for purchase.
SECTION 3 - ORDERS
When you place an order through Tin Shop Gallery, you are making an offer to purchase the selected products or services. We reserve the right to accept or decline your order for any reason.
Your order is not accepted until payment has been received and your order has been confirmed. Please review your order carefully before submitting it. We may not be able to accommodate cancellation requests after an order has been accepted or fulfilled.
If we make a change to or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at checkout.
Your purchases are subject to our Refund Policy, which can be viewed at:
https://tinshopgallery.com/policies/refund-policy
Unless otherwise agreed in writing, purchases are for personal or household use and not for commercial resale.
SECTION 4 - CUSTOM COMMISSIONS
Tin Shop Gallery may offer custom watercolor commissions. Custom commissions are subject to availability, timeline, pricing, and approval by Tin Shop Gallery.
Commission details, including size, subject matter, price, payment terms, and estimated completion time, should be confirmed in writing before work begins.
Because custom commissions are created specifically for the customer, they may not be eligible for cancellation, return, or refund once work has started, except as required by law or otherwise agreed in writing.
SECTION 5 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price listed at the time your order is placed and will be included in your order confirmation.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, import fees, or other additional charges that may apply.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You also agree to promptly update your account and payment information as needed so we can complete your transactions and contact you when necessary.
By submitting payment information, you represent and warrant that you are authorized to use the payment method provided and that all payment information is true, correct, and complete.
SECTION 6 - SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect shipping information, weather, holidays, or other events outside our control.
Once an order is transferred to the shipping carrier, risk of loss may pass to the customer to the extent permitted by law. If you experience a delivery issue, please contact us at tinshopgallery@gmail.com and we will do our best to help.
SECTION 7 - INTELLECTUAL PROPERTY
All artwork, images, product designs, text, graphics, logos, branding, website content, and other materials on this website are owned by Tin Shop Gallery, Chuck Delpapa, its affiliates, or its licensors, unless otherwise stated. These materials are protected by copyright, trademark, and other intellectual property laws.
Purchasing an original painting, print, mug, tote bag, notecard, or other product does not transfer copyright or reproduction rights to the customer. You may not reproduce, copy, distribute, modify, publish, display, sell, license, or create derivative works from any artwork, image, product design, or website content without prior written permission.
Tin Shop Gallery’s name, logos, product names, designs, and related branding may not be used without prior written permission.
SECTION 8 - OPTIONAL TOOLS
We may provide access to third-party tools or services as part of our website. We do not monitor or control these third-party tools and are not responsible for their content, accuracy, availability, or performance.
You acknowledge and agree that third-party tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind. Any use of third-party tools is at your own risk and discretion.
SECTION 9 - THIRD-PARTY LINKS
Our website may include links to third-party websites, services, or materials. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites.
If you choose to access third-party links, you do so at your own risk. Please review the policies and practices of any third-party website before engaging in a transaction or providing personal information.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
Tin Shop Gallery is powered by Shopify, which enables us to provide our online store and related services to you. However, any sales and purchases made through our store are made directly with Tin Shop Gallery.
By using our website and services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Tin Shop Gallery, including any injury, damage, or loss resulting from purchased products or services. You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Tin Shop Gallery.
SECTION 11 - PRIVACY POLICY
All personal information we collect through our website and services is subject to our Privacy Policy, which can be viewed at:
https://tinshopgallery.com/policies/privacy-policy
Because our website is hosted by Shopify, Shopify may collect and process personal information about your access to and use of the website in order to provide and improve the services. Information you submit through our website may be transmitted to and shared with Shopify and other service providers as needed to process orders, payments, shipping, analytics, marketing, and related services.
Please review our Privacy Policy for more information about how personal information is collected, used, and shared.
SECTION 12 - FEEDBACK, REVIEWS, AND SUBMISSIONS
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photos, comments, proposals, or other content, you grant Tin Shop Gallery a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that content for business, promotional, and operational purposes.
You represent that you own or have the necessary rights to any content you submit and that your submission does not violate the rights of any third party.
We may, but are not obligated to, monitor, edit, or remove feedback, reviews, comments, or other submissions that we determine are unlawful, offensive, misleading, harmful, defamatory, obscene, spam, or otherwise inappropriate.
SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other details.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time, including after an order has been submitted.
SECTION 14 - PROHIBITED USES
You may use our website and services only for lawful purposes. You may not use our website or services:
(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any federal, state, local, or international law or regulation;
(c) to infringe upon or violate our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against others;
(e) to submit false or misleading information;
(f) to upload or transmit viruses, malware, or harmful code;
(g) to send spam, phishing attempts, or unauthorized advertising;
(h) to impersonate another person or entity;
(i) to interfere with or bypass website security features;
(j) to scrape, copy, extract, or harvest website content or customer information without permission;
(k) to use automated tools, bots, crawlers, or other automated means to access the website in a way that harms, burdens, or disrupts our services.
We reserve the right to suspend, disable, or terminate access to our website or services if we determine that these Terms have been violated.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to our website or services at any time, without notice, if we believe you have violated these Terms of Service or engaged in conduct that harms Tin Shop Gallery, our customers, our website, or our service providers.
You will remain responsible for any amounts due up to and including the date of termination.
Sections related to intellectual property, privacy, feedback, prohibited uses, disclaimers, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive termination will continue to apply.
SECTION 16 - DISCLAIMER OF WARRANTIES
Our website, services, and products are provided “as is” and “as available,” except as expressly stated by Tin Shop Gallery.
We do not guarantee that the website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the website or services will be accurate or reliable.
To the fullest extent permitted by law, Tin Shop Gallery disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Some jurisdictions do not allow limitations on implied warranties, so some of these limitations may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Tin Shop Gallery, its owners, partners, employees, contractors, service providers, affiliates, licensors, and Shopify and its affiliates shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the website, services, or products purchased through the website.
This includes, without limitation, damages for lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Tin Shop Gallery, Shopify, and our affiliates, partners, owners, employees, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of:
(a) your breach of these Terms of Service;
(b) your violation of any law or the rights of a third party;
(c) your use of or access to our website or services;
(d) your misuse of any product, content, or service provided by Tin Shop Gallery.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms.
The remaining provisions will remain valid and enforceable.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies posted on our website, constitute the entire agreement between you and Tin Shop Gallery regarding your use of our website and services and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
SECTION 21 - ASSIGNMENT
You may not transfer, assign, or delegate these Terms of Service or any of your rights or obligations without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide services shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles.
You and Tin Shop Gallery consent to venue and personal jurisdiction in the state or federal courts located in Ohio.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to our website or services following the posting of changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
Tin Shop Gallery
Email: tinshopgallery@gmail.com
Website: https://tinshopgallery.com
Phone: +1 (330) 388-1875
Business Address: [INSERT BUSINESS ADDRESS]