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Terms and Conditions

The terms "Listening Pond ","gallery" "us" "we" and "our" refers to Listening Pond

The terms "Buyer ", "you" and "yours" refers to the buyer

Buying Safely from the Listening Pond

All online transactions for the Listening Pond are processed by Pay Pal over a secure server. In the very unlikely event of a loss on their behalf the buyer understands that Pay Pal is a third party processor and that the Listening Pond can hold no responsibility for such a loss. Listening Pond will however endeavor to resolve any such unlikely event.

Shipping

Listening Pond shipments are handeled by UPS and all of our artists are instructed to follow UPS guidelines for shipments. Artists are instructed to ship all goods with insurance which will be covered by the gallery. Although we set out guidelines for our artists the buyer shall understand that the responsibility for shipping lies with the artist and not the gallery. The gallery may be held responsible for Any loss or damage due to an artist failing to insure the goods or follow UPS shipping guidelines. As we ship worldwide the gallery may not be held responsible for any delay, loss or damage caused by overseas laws or restrictions and regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising).

International Shipping

Orders from international destinations could incur duty and taxes depending on the destination country. The shipping charge calculated at our checkout covers the UPS Shipping fee only and Listening Pond will cover the cost of insurance. The artist will be responsible for any export taxes from their country. The buyer is responsible for any duty or taxes that are incurred on import to their country.

Content of Shipment

The artist is responsible for the safety of the products they ship. Please do not assume that items listed will be harmless to people or property. All responsibility for the Work(s) of Art shall remain with the Artist subject to risk passing to the customer upon delivery.

Refund policy

You must notify the Listening Pond within seven days from the date of receiving the Work(s) of Art by e-mail to admin@listeningpond.com of any intended return. After this time, all sales are final. You may return any Work(s) of Art acquired for full credit against the purchase of any other Work(s) of Art available at that time or for a complete refund, provided that:

Returns art work from you shall be to the Artist upon receipt of your email by the gallery. Details of the return address will be sent to you by email. The art shall be returned in the same condition as received and within ten days from the date of us receiving notification of such return. You are responsible for return shipping costs. There is no right to return the art where the Work(s) of Art have been made to your specifications or have been personalized or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

Flaws

The gallery nor the artist shall be responsible for fading, cracking, and other damage to these works caused by improvident exposure to sunlight and weather. The Gallery's relationship to the Artist is as advertiser for the purpose of selling artwork consigned to the Gallery. After the seven day approval period, you accept the underlying artwork, relieving the Gallery of all responsibility. Any future claims due to undiscovered faults, hidden defects or questions of authenticity lie solely between the artist and you.

Artists Information

We do en devour to seek accuracy of information provided by our artists. However, because user verification on the Internet is difficult, Listening Pond cannot and does not confirm the validity of the information which users post to the Site.

Artists Items

Our artists are instructed to ensure that they are legally able to sell their items and that it is lawful to sell such items to the destination or country shipped to. Listening Pond cannot be held responsible for any loss, damage or personal injury due to a breach of any such laws.

Artists Refusal

The Artist may, without giving any reason and without incurring any liability to the Gallery or any customer of the Gallery, decline to dispatch the goods or authorise a Contractual Document. The customer will be refunded in such a case.

Images

You agree that the images of the Art on the Web site are guidelines only. The Gallery will accept no responsibility for differences between the web site images and the actual Work(s) of Art. This includes but is not limited to variations of brightness or colour contrast on different monitors.

Abusive Content

As we give artists a control panel where they can upload images and text, Listening Pond cannot be held responsible for any abusive or misleading content that may be uploaded to our site. We do however monitor our site closely and will wipe out any such content.

External Links and Service Providers

There are a number of separate optional services offered by third parties that we refer to as external links that may be complimentary to your use of our Site. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. We do not disclose your personal information to external service providers unless you provide your explicit consent. Because we do not control the terms and conditions or privacy practices of these third parties, you should evaluate their practices before deciding to use their services. We cannot be held responsible for, but not limited to loss, damage, personal injury as a result of using a third party service linked to from our web site.

The agreement

Listening Pond may amend these terms and conditions at any time.

Liability

In the event that you have any right, claim or action against any of our artists or third party links, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Listening Pond from all claims, liability, damages, losses, costs and expenses. Also we have no liability of any sort for the acts or omissions of other providers of internet services or for faults in or failures of their networks and equipment.

Copyright

The Artist reserves all rights protected under English copyright legislation in all Work(s) of Art purchased by you.The sale of the underlying work does not include the sale of rights to reproduction in any form unless specifically granted in writing by the artist. Copyright sales are wholly the Artist's privilege and an entirely separate transaction and not part of the underlying sale of the Work(s) of Art.

All intellectual property contained on the Web site including design, text, graphics, the selection and arrangement of these, underlying source code and all other material on this Web site are to remain the property of the Gallery.

Images of the Art work granted by the Artist to the Gallery are for the purposes of advertisement for sale. These images may only be copied or saved, or otherwise reproduced, from the Gallery's web site for your consideration to purchase. Copying, saving or otherwise reproducing these images for any other purpose is strictly prohibited.

Governing Law and Legal Compliance

This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported.