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Terms of Service

 

Overview

This website is owned and operated by Mira Cabrera. Throughout the site, the terms “I”, “me”, and “my” refer to Mira Cabrera trading as Growing in Process. These Terms set forth the terms and conditions under which you may use this website and services as offered by the website. This website offers visitors information related to and the opportunity to purchase original fine art. By accessing or using the website of this service, you approve that you have read, understood, and agree to be bound by these Terms.

By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. You may not use my products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).

These Terms of Service were last updated on March 20, 2023.

Key Commercial Terms

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices charged for using services / for my products are listed on the website. I reserve the right to change my prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your designated payment method.

Return & Refund Policy

All sales are final, and I do not offer refunds. By purchasing a product, you certify that you have read product descriptions carefully, checked colors on various screens, and understand that colors vary across devices. I make every effort to represent colors on products true to their appearance in person. Your satisfaction and experience is a priority for me. If you are unhappy with your purchase, please contact me at growing.in.process@gmail.com.

Retention of Right to Change Offering

I may, without prior notice, change the services; stop providing the services or any features of the services I offer; or create limits for the services. I may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Warranties & Responsibility for Products

When I receive a valid warranty claim for a product purchased from me, I will either repair the relevant defect or replace the product. If I am unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to me. I will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to me.

Ownership of Intellectual Property, Copyrights & Logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Mira Cabrera. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. 

Mira Cabrera retains all rights to all artworks. This includes the rights to the image of sold and commissioned original paintings. Mira Cabrera retains the right to make reproductions and/or license any and all original artworks. The buyer of original artwork has the right to display artwork purchased from Mira Cabrera in their home or business but may not reproduce the artwork or an image thereof without the written permission of Mira Cabrera. 

Right to Suspend or Cancel User Account

I may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Indemnification & Limitation of Liability

You agree to indemnify and hold Mira Cabrera harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against me by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

To the maximum extent permitted by applicable law, in no event shall Mira Cabrera, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Mira Cabrera assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to Change & Modify Terms

I reserve the right to modify these terms from time to time at my sole discretion. Therefore, you should review this page periodically. When I change the Terms in a material manner, I will notify you that material changes have been made to the Terms. Your continued use of the Website or my service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional Emails & Content

You agree to receive from time to time promotional messages and materials from me, by mail, email or any other contact form you may provide me with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify me at any time. 

Preference of Law & Dispute Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States / Vermont, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Middlebury, Vermont. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Customer Support & Contact

growing.in.process@gmail.com

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