Agreement between User and Melanie Fenton

Welcome to Melanie Fenton’s Fine Art Website. Melaniefenton.com is a small business offering fine art paintings, commissioned paintings, and reproductions. The melaniefenton.com website (the "Site") is operated by Melanie Fenton and offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein (the "Terms"). Your use of melaniefenton.com establishes your agreement to all such Terms. Please read these terms carefully and reference them often.

Pricing of Artwork:

As of February 2021, all prices listed are now in Canadian Dollars (CAD) and shipping costs are for shipping with Canada Post. International purchases may be subject to taxes/duty upon receipt by the buyer. Any additional taxes/duty will vary by country and price of work and are the responsibility of the buyer. For inquiries about payment [plans please contact Melanie at contact@melaniefenton.com.

Rights to Artwork and Images:

All artwork and images are the sole property of Melanie Fenton and may not be used by any third party without written permission. Website photography is by Melanie Fenton and James Fenton, who retain all rights. Photos may not be shared without credit. Melanie Fenton retains all rights to all artwork until it has been purchased at which time the collector receives the right to display the artwork in their home or business. Copying or reproducing artwork created by Melanie Fenton (as seen on melaniefenton.com or elsewhere) is strictly prohibited without written permission. Melanie Fenton retains all rights to images of artwork and the rights to make reproductions of said artwork (unless these rights are purchased by the collector in addition to the original work), including the rights to the image of sold & commissioned original paintings. Any image which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artist’s name and link if applicable).

Communications:

Visiting melaniefenton.com or sending emails to Melanie Fenton constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. No unsolicited emails will be sent, email lists are created via opt-in services and/or purchase of work (more details in privacy).

Children Under Thirteen:

Melanie Fenton does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use melaniefenton.com only with permission of a parent or guardian.

Shipping and Cancellation/Refund Policy:

Artwork will typically be shipped via Canada Post within Canada and the USA. The cost of shipping is not included in the price of the artwork. Each listing will include instructions on which shipping category to choose at checkout. Please allow up to 3 weeks for the paint to fully cure and be ready to be carefully packed for shipping. Expect and additional 1-2 weeks for shipping, depending on the size, time of year, and destination. At this time I do not have rates calculated for shipping outside of Canada and the US so please contact me directly if you are interested in any work.

Melanie Fenton is not liable for any mishandling or failed delivery by the shipping service (Canada Post USPS, UPS, or FedEx). Original paintings: all sales of original artwork, including commissions, are final. Orders canceled within the first 24 hours will incur a 20% restocking & re-marketing fee. Returns or exchanges of original work are not available except for the most extreme situations. Exchanges of prints are possible upon return of undamaged artwork to the seller, any additional shipping is the responsibility of the buyer. If your artwork is damaged upon receipt please contact me right away and include photographs and description, including photographs of the box before opening if it is damaged. All original work is shipped with insurance. Please contact contact@melaniefenton.com with any questions.

International Users:

The service is controlled, operated and administered by Melanie Fenton from Canada. If you access the service from a location outside the USA and Canada, you are responsible for compliance with all local laws. You agree that you will not use the Melanie Fenton content accessed through melaniefenton.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use melaniefenton.com strictly in accordance with these terms of use. As a condition of your use of the Site, you agree to Melanie Fenton that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair melanoefenton.com or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Melanie Fenton or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Melanie Fenton content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Melanie Fenton and the copyright owner. You agree that you do not acquire any ownership rights to any protected content.

Liability Disclaimer:

The Site may contain typographical or other errors and Melanie Fenton reserves the right to make changes to the site’s content and products at any time.

Melanie Fenton and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Melanie Fenton and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Melanie Fenton and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Melanie Fenton or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Changes to Terms:

Melanie Fenton reserves the right, in her sole discretion, to change the Terms under which melaniefenton.com is offered. The most current version of the Terms will supersede all previous versions. Melanie Fenton encourages you to periodically review the Terms to stay informed of our updates.

Contact:

Please email contact@melaniefenton.com with any questions or concerns regarding the terms of use.