Terms & Conditions
0. Definitions
0.1 These terms and conditions apply to the purchase of all forms of print (herein "limited edition print", "print") across all editions - including "open edition", "limited edition" and "artist's proof" - regardless of the payment amount
0.2 The terms and conditions below form part of the agreement between us (“our”, “Mark Sullivan”, “we”) and you (“buyer”, “customer”, “you”) and are the basis on which any disagreement will be considered.
0.3 Order details include the customer’s address, telephone, e-mail, payment information, and shipping information. Order details of the product purchased, including the image (artwork, photograph, etc.), size, and quantity.
0.4 By purchasing a print, you are acknowledging and agreeing to the terms and conditions set about below.
1. Edition Types
"Open Edition" - A reproduction print, unlimited worldwide, with or without a signature or certification.
2. Customer Responsibilities
2.1 By purchasing a print, you are confirming that you have read the associated print description and selected the appropriate image and size you want before we deem your order accepted.
3. Ordering
3.1 All orders must be submitted via this website ("https://marksullivanart.com", herein "website") under the instructions set out on each step and page of the checkout process.
3.2 You are responsible for ensuring the completeness and accuracy of your order details. Mark Sullivan will not be liable for any failure by you to provide complete and accurate information in your order.
3.3 All print orders are on-demand fine art prints.
3.4 You understand and accept that all images displayed on this website are representative of the final product, subject to variances in display technology and color rendition, and that delivered products may deviate slightly from our on-screen depiction because of these factors, along with changes during the manufacturing process itself.
3.5 Orders are only deemed complete after all order details are submitted and payment is processed.
3.6 We reserve the right to:
3.6.1. Reject any order submitted by you for any reason.
3.6.2. Cancel any order before delivery of the relevant print in the event any payment of the full order value fails.
3.7 Without limitation to any provisions relating to Limitation of Liability, we will not be liable or otherwise responsible for any loss or damage caused to you by cancellation of an order by us.
4. Delivery
4.1 Standard production and delivery times are 3 weeks from the point of order, although we will always endeavor to reduce this where possible.
4.2 Your order will be fulfilled by the estimated delivery date unless there is an event outside our control. If we cannot meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
4.3 Delivery will be completed when we deliver the print(s) to the shipping address you gave us when ordering.
4.4 If no one is available at the shipping address to take delivery, we will arrange with our carrier to redeliver the item. Otherwise, it will be up to you to collect from the depot described on the delivery notice.
4.5 The print(s) will be your responsibility from the completion of delivery.
4.6 You own the print(s) once we have received payment in full, including any applicable delivery charges.
4.7 You are responsible for inspecting the external packaging of the prints on the receipt, marking any noticeable damage on the delivery confirmation receipt, and capturing detailed photographs of the issue, as required by the courier.
4.8 Any items which are significantly damaged must be rejected by you, and returned to the courier at the point of attempted delivery. You must immediately inform us of any delivery rejection in order that we can contact the courier to resolve the situation.
4.9 Should any damage be discovered at the point of delivery, you must provide us with photographs of the specific areas of concern along with the entire package, with a shipping label showing, to assist in our ability to raise a suitable claim with the courier.
4.10 Failure to inform us of any damage to the print(s) within 24 hours of the courier's delivery receipt will mean you have confirmed your acceptance of your order in good condition.
5. Returns
5.1 All print orders are on-demand fine art prints.
5.2 Any order which has been damaged prior to delivery, where you have informed us within 24 hours of the delivery attempt (subject to the provisions in clause 4 - "Delivery"), will be replaced by us free with a duplicate copy of the same print as ordered.
5.2 All orders that are delivered and confirmed as undamaged, or where we have not been informed of any courier damage within 24 hours of delivery, are deemed to have been accepted by you in good condition and will no longer be replaced by us for free on return of the damaged item for disposal.
5.3 Any damage caused after successful delivery is the responsibility of the customer, and any replacements will be provided subject to payment of the current print price on the website.
5.4 Damage caused during framing or mounting is the responsibility of the customer or framer. There are no refunds for prints that have been damaged in this way.
6. Taxes
6.1 Sales taxes are collected for any sale in the state of California at the current San Francisco (place of business) tax rate at the time of purchase.
6.2 Purchases made from outside the state of California, no tax is collected. Purchasers are responsible for their own state sales tax.
7. Events Outside of Our Control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that are caused by an event outside our control. Where the event outside of our control affects our delivery of your print(s) to you, we will arrange a new delivery date with you after the event outside of our control is over.
8. Print Guarantee & Warranty
8.1 All prints are provided with a guarantee against color degradation and fading, limited in time to the lifetime of the original purchaser.
8.2 This guarantee means we will provide you with a replacement print of the same size, specification, and image where the visible color content has deteriorated below 60% of its original saturation and density, subject to the following conditions and evidence being provided of the same:
8.2.1 The print(s) must have been stored and displayed out of any form of direct sunlight during its entire lifetime.
8.2.2 Photographs of the print(s) in their final position have been provided to us to ensure suitable placement in their desired location, away from climate-control facilities or other sources of heat and cold.
8.2.3 The print(s) must have been protected behind a material capable of removing at least 95% of all Ultra-Violet wavelengths of light during its entire lifetime.
8.2.4 The print(s) have not been subjected to any temperature below 32°F or above 86°F (below 0°C or above 30°C), which has been sustained for periods of over 4 hours during its lifetime.
8.2.5 The print(s) have not been touched directly by any organic object or being, nor exposed to any form of liquid or potentially damaging substance during its entire lifetime.
8.3 To invoke the guaranteed replacement warranty, a claim should be sent by you to us in writing, detailing the specifics of the damage caused by fading, including photographs of the print(s) in question.
8.4 On receipt of a valid claim, we may require further independent specialist opinion to confirm the likely cause of damage, which will be provided at our cost.
8.5 Following confirmation by us (subject to any specialist opinion), a replacement print will be provided to you free of charge.
8.6 On receipt of the replacement, the original print must be either returned to us or destroyed (at our discretion) with proof of sending or destruction being provided by you within 3 working days.
8.7 This guarantee does not apply where the print has been damaged due to obvious wear and tear or accidental damage during the period of possession by the customer.
9. Price of Prints & Delivery
9.1 The prices of the prints will be as quoted on our site. We take all reasonable care to ensure that these prices are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the print(s) you ordered, please see clause 9.3 for what happens in this event.
9.2 The price of a product does not include delivery charges. Our delivery charges are as quoted on our site. To check relevant delivery charges, please refer to the "Delivery" line at the checkout.
9.3 It is always possible that, despite our reasonable efforts, some of the prints on our site may be incorrectly priced. If we discover an error in the price of a print you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the print at the correct price or canceling your order. We will not process your order until we have your instructions. If we cannot contact you using the contact details you provided during the order process, we will treat the order as canceled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the prints to you at the incorrect (lower) price.
9.4 Unless stated on your order confirmation and receipt, all prints are delivered in a rolled tube with protective packaging.
10. Print Formats
10.1 All images on this website are intended to be a preview of the final output and should not be relied upon as a completely accurate representation of the final product.
10.2 To accommodate for production tolerances, all listed dimensions are agreed to be +/- 2% in measurement.
11. Copyright and Ownership.
11.1 By purchasing a print from me, you understand you own a copy of the original artwork or photograph as captured by the original creator, Mark Sullivan.
11.2 At no point do you, or will you, own the copyright of any image purchased from me as a print or an original artwork.
11.3 Prints, artwork, and photographs may not be reproduced, copied, shared electronically, or used for any commercial purposes without our prior express permission and any applicable fee (as determined by me) being paid.
11.4 It is illegal to produce copies of any work which is copyrighted by me. I reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.
12. Payment
12.1 You can pay for prints using our chosen secure credit card online.
12.2 Payment for the prints and all applicable delivery charges must be made in advance.
12.3 Once delivery of your order has been signed for as accepted, your order and payment are considered complete.
13. Our Right to Vary These Terms
13.1 We may revise these Terms from time to time.
13.2 Every time you order prints from me, the Terms in force at that time will apply to the Agreement between you and me.
13.3 The Terms applicable to your agreement will be determined as those published and active on the date your order was placed.
14. Privacy and Data Protection
14.1 We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact with you. We will not sell or rent this information to anyone.
14.2 We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party other than as necessary to fulfill your request, e.g. to print and ship an order.
14.3 Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
14.4 Your Access to and Control Over Information
14.4.1 You may opt out of any future contacts with us. You can do the following by contacting us via email address or your account on the website:
14.4.1.1 See what data we have about you, if any.
14.4.1.2 Change/correct any data we have about you.
14.4.1.3 Have us delete any data we have about you.
14.4.1.4 Express any concern you have about our use of your data.
14.5 Security
14.5.1 We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
14.5.2 Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted securely. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for "https" at the beginning of the address of the web page.
14.5.3 While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing, shipping, or service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
14.6 Updates
14.6.1 Our Privacy Policy may change from time to time and all updates will be posted on this page.
15. Jurisdiction and Disputes
15.1 These terms are governed by the US and the State of California law.
15.2 We may transfer our rights and obligations under an Agreement to another organization, but this will not affect your rights or our obligations under these Terms.
15.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a print as a gift, you may transfer the benefit of our guarantee in clause 8 to the recipient of the gift without needing to ask for our consent.
15.4 This agreement is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a print will have the benefit of our guarantee at clause 8, but we and you will not need their consent to cancel or make any changes to these Terms.
15.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.7 This Agreement for the purchase of prints through our site and any dispute or claim relating to it will be governed by US and State of California law.
15.8 We will not file a copy of the Agreement between us.
16. Current Version of these Terms & Conditions
16.1 These Terms and Conditions were last updated on July 1, 2023, and replace any prior versions in their complete form.