Terms of service

OVERVIEW

This website is operated by Roselle Gallery LLC. Throughout the site, the terms “Roselle Gallery,” “we,” “us,” and “our” refer to Roselle Gallery LLC.

Roselle Gallery LLC offers this website, including all information, content, features, tools, products, artworks, and services available through this site (collectively, the “Services”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our website and/or purchasing an artwork, edition, Artwear item, Shop item, or other product from us, you engage in our Services and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink.

These Terms apply to all users of the site, including without limitation browsers, customers, collectors, purchasers, vendors, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the website or use the Services.

We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. Your continued use of the website following the posting of changes constitutes acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer products and Services to you.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have reached the age of majority and have given consent for any minor dependents to use this site under your supervision.

You may not use our products, Services, website, images, or content for any illegal or unauthorized purpose, nor may you violate any applicable laws, including copyright, trademark, privacy, or intellectual property laws.

You must not transmit viruses, malicious code, or any material that could interfere with the operation or security of the Services.

A breach or violation of these Terms may result in termination of your access to the Services.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse Service to anyone to the extent permitted by applicable law.

You understand that content you submit to the Services, excluding payment card information, may be transferred over various networks and adapted to technical requirements. Payment information is handled through secure payment processing systems.

You agree not to reproduce, duplicate, copy, sell, resell, exploit, scrape, or otherwise use any portion of the Services or access to the Services without our express written permission.

The headings used in these Terms are included for convenience and do not limit or otherwise affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information presented on the website is accurate and current. However, information may occasionally contain errors, omissions, or outdated material.

Historical, editorial, biographical, exhibition, or other informational content is provided for general reference and may be updated as additional information becomes available.

We reserve the right to modify the contents of the website at any time.

SECTION 4 — MODIFICATIONS TO SERVICES AND PRICES

Prices for artworks, editions, Artwear, Shop items, and other products are subject to change without notice.

We reserve the right to modify, suspend, or discontinue any product, artwork, Service, feature, or content at any time.

Availability of original artworks and limited or collectible editions may change without notice. An artwork displayed on the website is not guaranteed to remain available until a purchase or acquisition has been confirmed.

We shall not be liable for modifications, price changes, suspension, or discontinuation of the Services, except as otherwise required by applicable law.

SECTION 5 — ARTWORKS, EDITIONS, ARTWEAR AND OTHER PRODUCTS

Roselle Gallery offers original artworks, limited or collectible editions, Artwear, Shop items, and other art-related products.

Original artworks are unique objects and may present characteristics inherent to the artist's materials, technique, age, or creative process. Such characteristics do not necessarily constitute defects.

Limited or collectible editions may include edition information and documentation when applicable. Original artworks are accompanied by appropriate documentation of authenticity when applicable.

We make reasonable efforts to display artwork and product images, colors, dimensions, materials, and descriptions as accurately as possible. However, colors and visual appearance may vary depending on screen settings, lighting, photography, and device characteristics.

Dimensions are provided for informational purposes and should be reviewed carefully before purchase. Where framing or presentation affects overall dimensions, this may be indicated separately when applicable.

Availability is subject to confirmation. Because original artworks are unique and some editions are limited, an item may become unavailable even if it remains temporarily displayed on the website.

Returns, exchanges, cancellations, and refunds are governed by our Refund Policy. Different conditions may apply to original artworks and to Shop or Artwear items. Customers should review the applicable Refund Policy before completing a purchase.

SECTION 6 — ORDERS, BILLING AND ACCOUNT INFORMATION

We reserve the right to accept, refuse, limit, or cancel an order where reasonably necessary, including in cases involving product availability, suspected fraud, incorrect pricing or product information, payment issues, or other circumstances affecting fulfillment.

If we modify or cancel an order after it has been submitted, we may attempt to notify you using the email address, telephone number, billing information, or other contact details provided with the order.

You agree to provide current, complete, and accurate purchase and account information and to promptly update information necessary for us to complete your transaction and communicate with you.

For selected original artworks, special acquisitions, or transactions requiring additional arrangements, Roselle Gallery may contact the purchaser directly to confirm availability, shipping, payment, documentation, or other acquisition details.

Payment methods available for online purchases are displayed during checkout.

SECTION 7 — SHIPPING AND DELIVERY

Shipping and delivery conditions vary according to the nature, dimensions, value, destination, and handling requirements of the purchased item.

Shop and Artwear items may qualify for shipping offers as stated on the website at the time of purchase.

Original artworks may require specialized packing, insurance, art handling, freight, or other individualized shipping arrangements. Applicable shipping terms and charges may therefore differ from those offered for Shop and Artwear products.

International shipments may be subject to customs duties, import taxes, brokerage fees, or other charges imposed by the destination country. Unless otherwise expressly stated, such charges are the responsibility of the recipient.

Estimated delivery dates are estimates only and may be affected by carriers, customs processing, weather, destination, artwork preparation, or circumstances outside Roselle Gallery's reasonable control.

Additional information is available in our Shipping Policy and FAQ.

SECTION 8 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to third-party tools, platforms, payment providers, shipping services, social media integrations, or other services over which we may not have direct control.

Use of third-party services may be subject to the applicable third party's own terms and policies.

We may introduce new Services, features, tools, or resources in the future, which will also be subject to these Terms.

SECTION 9 — THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, security, privacy practices, products, or services offered by third-party websites.

You should review the applicable policies and terms of third-party websites before engaging in transactions or providing personal information through them.

SECTION 10 — INTELLECTUAL PROPERTY

Unless otherwise indicated, the website's design, text, graphics, logos, photographs, videos, exhibition materials, editorial content, and other site content are owned by, licensed to, or used with permission by Roselle Gallery LLC or the applicable rights holders.

Copyright and other intellectual property rights in individual artworks remain with the artist or applicable rights holder unless expressly transferred in writing.

Purchasing an original artwork, edition, or other art-related product does not transfer copyright, reproduction rights, licensing rights, image rights, or other intellectual property rights in the work.

No artwork or image displayed on the website may be reproduced, published, distributed, commercially exploited, modified, minted as a digital asset, or otherwise used without authorization from the applicable rights holder.

SECTION 11 — USER COMMENTS, FEEDBACK AND SUBMISSIONS

If you submit comments, reviews, suggestions, inquiries, or other materials to us, you represent that your submission does not violate any third-party rights or applicable law.

We may moderate or remove content that is unlawful, abusive, misleading, infringing, malicious, or otherwise inappropriate.

You remain responsible for the accuracy and legality of content you submit.

SECTION 12 — PERSONAL INFORMATION

Your submission and our processing of personal information through the Services are governed by our Privacy Policy.

Our privacy settings, including applicable cookie consent and data-sharing opt-out mechanisms, are maintained in accordance with the privacy configuration of our Shopify-powered store.

SECTION 13 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the website may contain typographical errors, inaccuracies, or omissions relating to artwork descriptions, dimensions, availability, pricing, promotions, shipping charges, transit times, or other information.

We reserve the right to correct errors or inaccuracies, update information, or cancel an affected order where appropriate, including after an order has been submitted, subject to applicable law.

If an order is cancelled after payment has been collected, any applicable refund will be processed in accordance with the circumstances and applicable law.

SECTION 14 — PROHIBITED USES

You may not use the website or its content for unlawful purposes; to violate intellectual property or privacy rights; to transmit malicious software; to collect personal information unlawfully; to engage in fraud or misrepresentation; to interfere with the security or operation of the Services; or to reproduce or commercially exploit website content without authorization.

We reserve the right to restrict or terminate access to the Services for prohibited use.

SECTION 15 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.

To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis, except for warranties or representations expressly provided by Roselle Gallery or required by law.

To the maximum extent permitted by applicable law, Roselle Gallery LLC and its officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the Services.

Nothing in these Terms excludes or limits any rights or remedies that cannot lawfully be excluded or limited.

SECTION 16 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Roselle Gallery LLC and its affiliates, officers, employees, agents, contractors, licensors, and service providers from claims arising from your violation of these Terms, applicable law, or the rights of a third party.

SECTION 17 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.

SECTION 18 — TERMINATION

These Terms remain effective unless terminated by you or us.

The rights and obligations incurred before termination shall survive where appropriate.

We may restrict or terminate access to the Services where a user materially violates these Terms, subject to applicable law.

SECTION 19 — ENTIRE AGREEMENT

These Terms, together with the policies and operating rules posted on our website, constitute the agreement governing your use of the Services and supersede prior versions concerning the same subject matter.

Our failure to exercise or enforce a provision of these Terms shall not constitute a waiver of that provision.

SECTION 20 — GOVERNING LAW

These Terms and any separate agreements through which Roselle Gallery LLC provides Services shall be governed by and construed in accordance with the applicable laws of the State of Florida and the United States, without limiting any mandatory consumer rights that may apply under the laws of a customer's jurisdiction.

SECTION 21 — CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our Services, business practices, policies, or applicable legal or regulatory requirements.

The current version will be posted on this website with an updated revision date where appropriate.

Continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 22 — CONTACT INFORMATION

Questions about these Terms of Service may be directed to:

Roselle Gallery LLC
16132 NW 14th Ct
Pembroke Pines, FL 33028
United States

Email: info@rosellegallery.com
Telephone: +1 (754) 208-7171