Terms of service
Terms of Service Agreement
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. By accessing or using the website and services of artist Lauren Pretorius, you hereby agree to be bound by these terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer, to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our site or services.
1. Acceptance of Terms
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that governs the relationship between visitors or clients who interact with Lauren Pretorius (the "Artist") and the official website, laurenpretorius.com (the "Site"), and its associated services.
2. Description of Website Services Offered
The Site is an e-commerce platform, portfolio, and blog operated by fine artist Lauren Pretorius. This website features original oil and mixed media paintings on canvas, fine art prints, and other creative goods.
All artworks and handmade items listed on the website are available for users to purchase online. The Site also features a blog where visitors can comment and interact with the Artist and other users. By using the website or making an online purchase, you confirm that you have read and agree to be bound by these Terms. Any visitors to the Site shall be deemed as "users" of the services provided herein.
3. Copyright and Ownership of Content
All content and images published on this site, including artwork images, product photography, graphics, text, logos, video, and written content, are the exclusive intellectual property of Lauren Pretorius. This entire collection is protected by United States and international copyright laws.
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Retention of Rights: The Artist retains all reproduction rights and copyrights for all original paintings and fine art prints.
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Physical vs. Digital Ownership: The purchase of a physical original painting or fine art print transfers ownership of that physical object only. It does not transfer copyright, reproduction rights, or digital rights to the buyer.
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Usage Restrictions: You may not scan, duplicate, replicate, modify, or resell physical or digital copies of the artwork for commercial purposes or financial gain without express written consent from the Artist. Any unauthorized reproduction is strictly prohibited.
4. Color Accuracy of Artworks
The Artist makes every reasonable effort to display the colors of original artworks and prints accurately on this website. However, because individual computer monitors, cell phones, tablets, and other device screens display colors differently based on unique calibration settings, the Artist is not responsible for color variances between your digital screen and the physical product. Furthermore, minor color differences may naturally exist between an original painting and its fine art print counterpart.
5. Price and Service Modifications
The Artist reserves the right at any time to modify, alter, increase, or decrease prices, change shipping and handling rates, update services, adjust applicable tax rates, or discontinue any part of the service (temporarily or permanently) with or without prior notice. The Artist shall not be held liable to you or any third party for any such modification, price alteration, suspension, or discontinuation of website services.
6. Third-Party Services
This website utilizes third-party applications and services (including Shopify, Pirate Ship, and integrated analytics tools) to facilitate operational features. When you interact with these integrated features, your usage is governed by the terms and privacy policies of those respective third-party providers.
7. Electronic and Interstate Communications
By making a purchase, filling out a contact form, or sending electronic communications (including emails, site searches, and instant messages), you acknowledge that you are causing communications to be transmitted through the Artist's computer network. You agree that all notices, disclosures, agreements, and other communications sent electronically satisfy any legal requirements that such communications be in writing.
8. Purchasing and Fulfillment Policy
Upon completion of an online purchase, you will receive an automated order confirmation email.
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Fulfillment Windows: Under normal operating conditions, the Artist makes reasonable efforts to package and dispatch fine art prints within 1 to 3 business days, and original paintings within 3 to 5 business days.
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Unforeseen Delays: Processing timeframes may be extended during high-volume seasonal holiday drops, or due to unavoidable circumstances such as illness, severe weather conditions, or unexpected disruptions. In the event of a significant delay, the Artist will contact the buyer directly via email or text.
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Shipping Destinations: We ship domestically within the United States and internationally to select approved global destinations. Please refer to our standalone Shipping Policy for the complete list of supported countries, flat-rate tiers, and delivery expectations.
9. Payments
All payments are processed securely through trusted third-party payment processors, primarily PayPal and Stripe. Processing payments through these gateways is subject to their respective Terms of Service and Privacy Policies. You agree to pay the full amount charged at checkout for your selected products and services.
10. Indemnification
You agree to indemnify, defend, and hold harmless the website owner and Artist, Lauren Pretorius, from any demands, losses, liability, claims, or expenses (including reasonable attorney's fees) made against them by any third party due to, arising out of, or in connection with your misuse of the website or any of the services offered through the website.
11. Governing Law and Jurisdiction
By visiting this website, you agree that the laws of the United States of America and the laws of the State of South Dakota shall govern these Terms of Service without regard to principles of conflict of laws.
You explicitly agree and acknowledge that any legal action to enforce these Terms and Conditions, or any dispute arising between you and the Artist, will be brought solely in the State or Federal Courts located in Pennington County, South Dakota.
12. Questions or Concerns
If you have any questions or require clarification regarding this Terms of Service Agreement, the Privacy Policy, or the Copyright guidelines, please feel free to contact the Artist directly via the website contact form.