Frequently Asked Questions Terms & Conditions
Overview
After your purchase is complete, we will call several white glove delivery services to get quotes on your behalf for the additional costs you will owe. These costs vary depending on the destination and the dimensions and fragility of the Artwork, so some shipments are a little more complicated than others.
With regard to International Sales, there will even be instances when our products may not ship to your destination of choice. Orders will not ship without written approval, and can be cancelled any time before the processing of your painting begins.
In short, we will not ship original art without your approval and prepayment. And, if you know someone you trust to safely package and transport your precious purchases, please let us know.
Please make sure we have your current phone number and address. We are unable to ship to a post office box. And you are responsible for carefully entering everything correctly in the “Ship To” portion of your purchase: your full name, the full address to which your products will be shipped and your phone number with country code. We rely on this information to create a shipping label and cannot be responsible for any events (labeling delays, lost shipments, etc) that might occur due to the inaccurate entry of your “Ship To” address.
For International Sales, Customs and Duties may not be calculable until the Items enter your country. In some cases, you are invoiced when the purchase arrives at its final destination. So, although we may not be able to calculate the customs and duties you will owe, we will provide the necessary paperwork to the White Glove Delivery Service. We do not mark packages as gifts or samples, all prices will be accurately shown on the paperwork for customs clearance.
Please note that because of the unique custom quality of the original artwork being sold, we are exempt from the EU Directive on Consumer Rights and are not required to offer and/or accept returns.
Terms of Sale
Nothing on this Service Website constitutes an offer. Rather, the prices posted constitute an invitation for you to bid on, or make your own offer to purchase Products. All Product orders are subject to acceptance by JameseWoodyArt.com.
Payments are processed by an acceptable escrow agent and/or our PCI-compliant third-party payment processor. All Product orders and Services by our third-party payment processor are governed by these Terms and Conditions:
A. Purchases must be made by credit card, debit card, or PayPal through our third-party Service Provider;
B. Payment will not be processed if any information you submit is incorrect or invalid;
C. We have no responsibility or liability if your credit, debit card or PayPal payment is declined;
D. You may purchases a gift card through the our third-party payment processor. However, we cannot issue store credit for gift cards;
E. Once payment is made, there are no refunds; and
F. We reserve the following rights:
1. To change the price of any product on our website without notice; and,
2. To take a product out of inventory for sale, or modify a listed product, at any time, without notice.
You understand, acknowledge, warrant, and expressly agree to the following Return Policies of Products you purchase from Be Sensitive Studio, Art by James e. Woody:
You understand, acknowledge, warrant, and expressly agree to the following Return Policies of Products you purchase from Be Sensitive Studio, Art by James e. Woody:
Original Works:
A. We sell every Original work “As Is,” and without warranty of any kind, express or implied;
B. The purchase of all Original Artwork is “Final Sale;”
C. No Returns or Exchanges are possible for Original Artwork or Gifted Items; and,
D. You expressly agree to accept Your Purchases knowing that all original art is FINAL SALE and CANNOT BE RETURNED.
We are confident that you will be thrilled with any of the limited number of works currently being released by internationally recognized Expressionist/Art Resilience artist, James e. Woody. Nonetheless, because each piece of original art is Final Sale, we encourage you to seek independent advice before making your Purchases.
Printed Items and Unframed Prints
Be Sensitive Studio/James Woody (Artist) is the provider of images to the printer and is responsible for ensuring each image has proper color and white balance and is of a suitable resolution for print. Our master printer (s) where possible, print to standards proposed by the International Color Consortium (ICC) and run multiple calibration checks daily to ensure printing equipment is fully functional and meets those standards. In brief, our printer(s) is not responsible for deviations in color due to due to external direct or ambient light sources and their effect as reflected off of the printed item.
Our print masters takes pride in producing only the best quality prints. For this reason, you can order confidently knowing we offer a 30 Day 100% Money Back Guarantee. If contacted within 30 days of the original order date, our printer will either replace or refund any print or product that is deemed unsatisfactory by the customer. And if we can’t make it right we want you to still feel that you were at least dealing with a reputable company that puts you, the customer first.
Frames, Mats and Glazing
Frames, mats and glazing may be returned within 30 days after the date or ordering. Since these orders are custom cut to your specifications, there will be a 20% restocking fee, plus the cost of return shipping that will not be refunded.
Damaged Items
Damaged items must be reported within 30 days of order date to quality for a full replacement. Contact us to initiate the process.
For Returns & Replacements after 30 days
If it has been greater than 30 days since you placed your order and you decided for some reason you are not happy with your prints from us, then don’t worry. All is not lost. We can still provide either partial credit or replacement options. Contact our customer service department so we can assist you.
Instructions For Damaged Items
If an item damaged during shipment, contact Be Sensitive Studio’s within a week of receiving your damaged print so that we can make the appropriate arrangements to have the damaged items refunded or replaced. To expedite the process please take some photos of the outer packaging, damaged prints/products so that you can provide them to customer service representative.
Requesting a Replacement or Refund
In order to request a replacement or refund, please contact out customer service department through our contact page so that we can assist you.
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Gifted Works:
A. All Gifted Items are Final;
B. No Returns or Exchanges are possible for Gifted Items;
C. For Gifted Items that are not on sale, we are happy to issue a credit or exchange for merchandise that is unused and returned to us in the same condition in which you received it. For credit to be issued or an exchange to be made, You agree to adhere to the following protocol:
1. If the item received is incorrect or damaged: Within 72 hours of delivery, you must document the issues in an email to containing “URGENT” and Your Name in the Subject Line. Please include pictures documenting the damage or incorrect item. Once we review your email and your claim is approved, we can provide you with a return shipping label and send you a replacement;
2. If the item is being returned, we must be notified within 72 hours of delivery or no refunds will be issued;
3. Only regular priced items may be issued credits or exchanged, so if you received a full-priced item and changed your mind, don’t worry. You can exchange or return it for a store credit. Just adhere to our ten-day return policy and follow these directions:
4. In this case, shipping the item back to us is at your own expense;
5. To return an item, please send (via traceable mail or shipping service) the unused item(s) in its original packaging, with your receipt of sale or proof of purchase;
6. The item must be received by Us within ten days of the date of its delivery to you;
7. Our return policy lasts 10 days. Unfortunately, we won’t be able to offer a credit or exchange if we receive your items after 10 days of your receiving it;
8. We also will not be able to offer a credit or exchange if the merchandise shows any signs of use or damage or is missing parts not due to our error;
9. We cannot issue credit for Original Artwork or personalized merchandise;
10. Otherwise, when returning a full-priced Gifted Item, once the returned item is received, a certificate will be mailed to you from Be Sensitive Studio, Art by James e. Woody; and
11. Please note that all return shipping charges are the purchaser’s responsibility, as are the charges to re-ship the item purchased.
We represent and warrant that, as to Original Works of Woody’s Art are made available through the Services, he is the creator of all such Original Works of Art and the sole and exclusive owner of all such Original Works of Art and the digital rights thereto. You acknowledge and understand that all digital rights, title and interest to an original work, a digital work, and all derivative intellectual property remain the sole intellectual property of Be Sensitive Studio and James e. Woody, and that Be Sensitive Studio Art by James e. Woody retains all digital rights to all Original works after sale of the physical Original work. Unauthorized reproduction of any Product infringes on the copyright of the Artist and, therefore, will be an actionable violation of U.S. and International Copyright Laws. That is, ALL DIGITAL RIGHTS TO THE ORIGINAL WORK ARE RESERVED BY, AND REMAIN THE PROPERTY OF, THE ARTIST.
You acknowledge and agree that no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us, Our licensors, and Third-party Providers, except for the licenses and rights expressly granted herein.
By the Purchaser: We can only accept cancellations on an order that has not yet begun being processed.
By the Artist: We reserve the right to cancel any order for an Original Work of Art or Printed Work placed via the Services if we determine, in our reasonable discretion, that the item is mispriced or unavailable at the price listed via the Services. If we cancel an order placed via the Services, We will send you an email confirmation of such cancellation and you will not be charged for your order.
Changes
You expressly agree that, under no circumstances are We liable to You, or any third-party, for implementing any of the following actions at any time, for any reason and without notice:
- Changing the price of any product;
B. Modifying a listed product; - Suspending the sale of a listed product; or
- Discontinuing the sale of a listed product.
Third-Party Service Providers
If you wish to purchase an Original Work of Art or Digitally Printed Work, or any other product or service via the Services, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.
You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.
Indemnity
You agree to defend, indemnify, and hold Be Sensitive Studio, Art by James e. Woody, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to purchase Products or use of the Services, Content or Member Content, or your violation of these Terms and Conditions. If you are dissatisfied with the Services, do not agree to any of the provisions of these Terms and Conditions, or incur any loss or damage of any kind in connection with the Services. Your sole and exclusive remedy is to discontinue accessing and using the services.
Disclaimers
A. All Original Works of Art sold by Be Sensitive Studio, Art by James e. Woody, and Services of our Third-Party Providers, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
B. WITHOUT LIMITING THE FOREGOING, Be Sensitive Studio, Art by James e. Woody EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE ALSO DISCLAIM ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF, ACCURACY, AVAILABILITY, QUALITY, COMPATIBILITY WITH ANY OF PURCHASER STANDARDS OR REQUIREMENTS, AS WELL AS ANY WARRANTIES ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY.
C. Be Sensitive Studio, Art by James e. Woody MAKES NO WARRANTY that the Website, Services, or Content, will (i) meet your requirements, or (ii) be available, uninterrupted, secure, or error-free.
D. Be Sensitive Studio, Art by James e. Woody makes no warranty regarding the quality of any Products, or the quality of any Services, or the quality of any Content, or the accuracy, timeliness completeness, or reliability of any Content obtained through the Website or Services.
E. You understand and agree that no warranty, express or implied, is created based on Your reliance on oral or written advice or information obtained from Be Sensitive Studio, Art by James e. Woody or jameseWoodyArt.com.
By viewing, using, accessing, browsing, or purchasing a work on or through our website or Services, or submitting or posting any content or material on JameseWoodyArt.com and BeSensitiveStudio.com, or otherwise using our Services, You expressly acknowledge, agree, warrant and represent THAT:
A. You have read, understand, and agree to be bound by these Terms and Conditions, which include our Privacy Policies (incorporated herein and made a part hereof by reference) whether or not you have registered with the Services. If you do not agree to these Terms and Conditions and the Privacy Policy, then you have no right to access or use the services. If you do access, use any of our Services, or make a purchase through our Website You acknowledge acceptance of all Terms and Conditions herein, and You acknowledge that YOU HAVE ENTERED INTO A BINDING CONTRACT WITH US.
B. You consent to all Terms and Conditions herein before accessing or using our Services;
- If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- YOU have read and understand these Terms and Conditions, You recognize Your consent to the Terms and Conditions are a condition precedent to Your use of any and all Services, including viewing Our products, purchasing Our products, and/or conducting business with Us, whether online, by phone, in person, via an Agent, or by using any associated Services;
- You understand these Terms and Conditions are a binding legal contract between You and Be Sensitive Studio, Artist: James e. Woody;
If you do not accept all Terms and Conditions, you will not access or use any of our our Services;
You understand that any purchase initiated or completed in abrogation of the Terms and Conditions, in whole or in part, may be terminated by Us; and, you understand that we reserve the right to modify any item contained in the Terms and Conditions at any time. - Any changes will be effective immediately upon posting to our website, at which time such they shall be incorporated herein and made a part hereof. Should you access or use our Services after such changes are posted, you are subject to their terms.
Website usage, TERMS AND CONDITIONS
Protected by copyright laws of the United States and international treaties. This website may only be used pursuant to the terms and conditions, any reproduction, copying, or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express written permission of James e. Woody and the Be Sensitive Studio.
Copyright: All images presented herein are original works by the artist, James e. Woody. Any duplication and or distribution of this content without written authorization is strictly prohibited and protected by U.S. and International copyright law. Perpetual copyright of all paintings and images are exclusively owed by James e. Woody, Be Sensitive Studio and/or Be Sensitive Foundation respectively.
The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Website Usage: If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern relationship with you in relation to this website. The term ‘Be Sensitive Studio ‘ or ‘us’ or ‘we’ refers to the owner of the website.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
Privacy: From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without Be Sensitive Studio prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of United States of America.
Service Providers: We give anonymous information to the people and companies that help us provide, understand and improve the services we offer. For example, we may use outside vendors to help host our website, serve photos and videos, process payments, analyze data, measure the effectiveness of web page content, or provide search results. In some cases we provide the service jointly with another company, for processing donations. In all of these cases our partners must agree to only use your information consistent with the agreement we enter into with them as stated herein.
Changes to the service: We will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service.
DISCLAIMER OF WARRANTIES: YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL INFORMATION, CONTENT, SERVICES, AND MATERIALS PROVIDED BY OR AVAILABLE THROUGH THE SERVICES (WHETHER PROVIDED BY US, YOU, OTHER USERS, OTHER AFFILIATES OR THIRD PARTIES), INCLUDING, WITHOUT LIMITATION, ALL MATERIAL, TEXT, PHOTOS, GRAPHICS, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICES.
YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SERVICES, OR LINKS TO ANY OTHER THIRD PARTY PROVIDERS,, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR USER-GENERATED MATERIAL;
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICES, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED;
WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICES FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY, EXPRESS OR IMPLIED;
- Product colors, measurements, and weights are approximate only and may vary from the representation on the Services. These differences will not constitute a defect in or noncompliance of the Product. We reserve the right to modify Product offerings at any time, but we are not obligated to make any modifications to Products that have already been shipped;
- You agree that the Warranty Disclaimers and Limitations of Liability in these Terms and Conditions are fair and reasonable.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to, and use of, the Services, Content and Member Content remains with you. Neither Be Sensitive Studio, Art by James e. Woody nor any other party involved in creating, producing, or delivering the Services, Art Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms and Conditions or from the use of or inability to use the Services, Art Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Be Sensitive Studio, Art by James e. Woody has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BECAUSE ALL DELIVERY TERMS ARE EXW, IN NO EVENT SHALL WE, OUR HEIRS, OUR ASSIGNS OUR AFFILIATES, OR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SERVICES), OR THE PRODUCTS.
Failure to comply with these Terms of Service: In the event that you commit a breach of these Terms of Service we reserve the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.
Termination: You may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you. Disclaimer and Limitation of Liability: We do not, and nothing in these Terms of Service shall act to, exclude or limit our liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an “as is” and “as available” basis and that your use of the Website and its associated services is at your sole risk. We do not guarantee continuous uninterrupted or secure access to our services and operation of the Website may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Service, we do not provide conditions, warranties or other terms in relation to the Website or its associated services, to the extent permissible by law.
We may change the format and content of the Website and its associated services from time to time.