Terms & Conditions
These terms and conditions (the “Terms and Conditions”) apply to the sale of a Beth Ellis Collection Giclée (the “Artwork”) by The Beth Ellis Collection LLC (“We” or “Us”) to you, the purchaser (“You” or “Your”). By using the website www.bethelliscollection.com (“Website”), You agree to be bound by these Terms and Conditions as in effect at the time of your visit.
2. TITLE AND RISK
As soon as the purchase price is paid in full and the Artwork is delivered to You, , You will become the legal owner of the Artwork and, upon such terms, You will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to You.
3. OWNERSHIP OF THE ARTWORK
3.1 It is the expectation of The Beth Ellis Collection LLC that the Artwork will not be purchased for resale and will be retained by You for your own personal enjoyment. Specifically, You may not sell or offer for sale the Artwork on any internet based auction or other website.
3.2 Copyright in the Artwork remains the property of The Estate of Beth Ellis. All content included on the Website, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Beth Ellis Collection LLC or its content suppliers and is protected by United States copyright law.
3.3 You may not copy, reproduce or otherwise produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for any purpose.
3.4 If You breach any of Your obligations under paragraph 3.3 You agree that:
1. the payment of damages will not be a sufficient remedy to compensate Us or The Estate of Beth Ellis for Your breach;
2. We may, and The Estate of Beth Ellis may, apply to the court for an order to prevent You from continuing to breach Your obligations under these Terms and Conditions; and
3. We may, and The Estate of Beth Ellis may, contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the artwork has been placed by You or at your direction, and instruct said operator, on Your behalf, to remove any such offer for sale or image from any such internet website.
4. LIABILITY OF THE BETH ELLIS COLLECTION LLC
We make no representation or warranty of any kind whatsoever, express or implied, in connection with the use of the Website or the Artwork. The Beth Ellis collection LLC and its officers, directors, employees, shareholders or agents specifically disclaim any and all liability (whether in contract, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the Website or the Artwork.
5. RIGHTS OF THIRD PARTIES
No person other than you and The Beth Ellis Collection LLC have any rights under these Terms and Conditions other than in respect of paragraph 3 above which confers a benefit on The Beth Ellis Collection LLC and The Estate of Beth Ellis and is intended to be enforceable by The Beth Ellis Collection LLC and The Estate of Beth Ellis.
6. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with Connecticut law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Connecticut courts.
These Terms and Conditions are subject to change without notice.