Terms and conditions

Effective Date 6/10/22

 

The following Terms of Service dictate permissible access and use of

all services and products (“Services”) provided by Hilton Photos & Arts, LLC.

Please note that we are not in any way affiliated with Hilton Worldwide Holdings, Inc.

 

The following terms and conditions (these “Terms”) apply to your purchase of products and services (each,

a “Product”) from Hilton Photos & Arts, LLC. (“Company”) through this website (this “Website”) found at HiltonPhotosAndArts.com

 

For purposes of clarification, these Terms specifically apply to purchases of Products on this Website

and supersede any other terms and conditions of sale applicable to other products sold by the

Company on any other website.

 

Please read these Terms carefully. They contain very important information about your rights and obligations,

as well as limitations and exclusions that may apply to you. We specialize in high-end artistic photographic prints, framed or unframed, printed, and promotional products. We also sponsor artists on a consignment basis.

 

These Terms are subject to modification by the Company without prior written notice at any time, and at the Company’s sole discretion. The version of these Terms apply to your purchase will be the version in effect on

the day you submit an applicable order to the Company.

 

SECTION 1. PRICE AND PAYMENT TERMS

You may pay for Products by using PayPal or a credit/debit card. The total price and all other related charges for Products will be set out in your purchase receipt. Prices offered or advertised do not include packing, and shipping and handling or applicable sales taxes, which will be added to the price you pay. The Company will also provide confirmation of your order to the email address you provided during your check-out process. The Artist will be responsible for paying any processing fee to collect any applicable sales taxes.

All payment and credit terms are within the Company’s sole discretion and will be as specified during your purchase process. Unless otherwise specified, payment must be made in full and received by the  Company

prior to the Company’s acceptance of an order for Products. Any price estimate or quotation provided by the Company will only be valid for the period stated for the estimate or quotation. Photographic prints and related products are offered at the price shown on the Company’s website but are subject to change at any time.

A properly-completed order on this Website by you constitutes your offer to purchase the Products in your order. Your order will be accepted only if and when the  Company sends a shipping notice to the email address you provided during your registration or order process. If the Company does not accept your order in whole or in part, the Company will refund any amounts paid by you to the Company for the order or part of the order not accepted.

 

Any price offers given by the Company will be valid for the period stated on the offer, except that the Company reserves the right to reject any sale for any reason, including without limitation for a misprint in the price offer. 

 

Unless you provide the Company with a valid tax exemption certificate applicable to the Product shipping destination prior to acceptance of your order by the Company, you are responsible for all goods and services and sales taxes, and all other taxes associated with the order. Separate charges for taxes will be shown on the order invoice. Taxes are automatically calculated based on the state from which the buyer purchases your art.

 

SECTION 2. PRODUCT CHANGES

Products may change or be discontinued at any time. The Company strives to maintain accurate information in

the online store on this Website and to eliminate any errors. However, the Company does not warrant that Product descriptions, Product pricing, or Products themselves (photographs, prints, or other products) are accurate, complete, reliable, current, or error-free. In addition, all size dimensions are approximate.

 

While the Company makes reasonable efforts to accurately display all Product offerings, including applicable

color and brightness, please note that the actual color and brightness you will see for a photograph, print, frames, or other product depends on the settings of your computer screen and the Company cannot guarantee that

your computer will accurately display all Products (i.e. photographs, prints, frames or promotional products)

color, and/or brightness.

 

The Company or the Company’s vendor/supplier reserves the right to format, manipulate or

otherwise modify Products (i.e. photographs, prints, video, or other works) to satisfy a particular order.

 

In the event of an error in any service provided through the Company’s online store on this Website, in an order confirmation, in processing an order, or otherwise, the Company reserves the right to correct such error and

charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel

your order.

SECTION 3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The products presented on the company’s online store on this website are on a “as is” and “as available” basis.

 

To the maximum extent permitted by law, the company disclaims all warranties and conditions, express or implied, in respect of products, including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. No oral or written information, photographs, advertisements,

or advice given by company,

Its agents, or employees will create a representation, warranty, or condition. The access to, and downloading of, material from this website is done at your own risk. The company makes reasonable efforts to ensure that this website is virus-free, but does not at any time guarantee or warrant that such materials are free of viruses,

or other destructive code.

 

You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire costs of any service, repairs, or corrections necessary as a result of the use of

this website or the services.

 

The company will not be liable for lost profits, loss of business, lost data or direct, indirect, consequential,

special, or  damages, even if advised of the possibility of such damages, or for any claim by any third party.

You agree that for any liability related to the purchase or supply of products, the company is not liable or responsible for any amount of damages above the total dollar amount paid by you for the purchase or

Supply of the product giving rise to the liability.

 

SECTION 4. ENTIRE AGREEMENT

These Terms set forth the entire agreement of the parties with respect to its subject matter. These Terms may

not be altered, supplemented, or amended by the use of any other documents. Any attempt to alter, supplement

or amend this document or to enter an order for Products that are subject to additional or altered terms and conditions will be null and void. These Terms may be changed by the Company at any time, in its

sole discretion without prior notice, with respect to any future sales or transactions with you.

 

SECTION 5. RESTRICTIONS

This site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software, tools

and other information referred to here as “Content”. Except as provided explicitly in “Terms and Conditions of Sale“ to copy, to sell, transfer, resell, assign, reproduce, publish or make any other use of the Content.

 

SECTION 6. PRIVACY

You have read the Company’s Privacy Policy, the terms of which appear on this Website and are incorporated

into these Terms. You agree that the terms of this policy are reasonable. You consent to the collection, use,

and disclosure of your personal information by the Company or its agents or representatives in accordance

with the terms of and for the purposes set forth in the Privacy Policy.

 

SECTION 7. GENERAL

The relationship between the Company and you will be that of the independent artist (“Seller”), and neither of

us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, or employees of the other as a result of these Terms or your use of this Website.

 

The failure of the Company to assert a right hereunder or to insist upon compliance with any term

or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of

any such term or condition by you.

 

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

these Terms. If any provision of these Terms will be ruled unenforceable, then the remainder will be

enforced to the extent permissible. Use of this Website is void where prohibited by applicable law.

 

SECTION 8. CUSTOMER SUPPORT AND INFORMATION

Please contact us by email at info@hiltonphotosandarts.com or by phone at 240-513-0167 for assistance

with questions about your purchase, shipment, warranty service, and any exchanges, returns, cancellations,

or transfers, or to change your address or to inquire about orders, bills, and invoices.

 

SECTION 9. ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use carefully. These Terms of Use govern your access and use of HiltonPhotosAndArts.com (the “Site”). By accessing or using this Site you agree to be bound by these

Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Hilton Photos & Arts reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you

access this site.

Copyrighted Materials for Limited Use

This Site and all Content are the copyrighted property of Hilton Photos & Arts, LLC. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Hilton Photos & Arts reserves the right to add to,

delete from, or modify any part of Content at any time without prior notice. 

Terms of Sale

These Terms of Use govern any sale to the exclusion of any other terms, including any terms and conditions

which you may purport to apply under any purchase order, confirmation of order, or another document. 

You agree that all details provided to Hilton Photos & Arts for the purpose of a purchase will be correct and

that the chosen method of payment is your property and that sufficient funds or credit facilities are available

to cover the full cost of the Products ordered. Hilton Photos & Arts reserves the right to obtain validation of your payment details before accepting any order.

Hilton Photos & Arts may combine orders into a single shipment or split an order into multiple shipments.

Any dates quoted for delivery of Products are indicative only. Time for delivery will not be of the essence of

the contract created by these Terms of Use and Hilton Photos & Arts will not be liable for any loss or expenses

sustained by you arising from any delay in the delivery of the Products.

 

Disclaimer of Warranty

The site and its content are provided "As is" without warranty of any kind, either expressed or implied, including,

but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

 

You acknowledge that the operation of the site may not be uninterrupted or error-free. References and links

to products or services of independent companies may appear on the site. These references and links are

provided "as is" without warranty of any kind, either expressed or implied.

Hilton Photos & Arts will not be liable in any way for loss, damage, costs, or expenses (including loss of profit)

arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason

of any event outside of its reasonable control, including, but not limited to, any strikes, industrial action, failure

of power supplies or equipment, or government action.

The liability of Hilton Photos & Arts and its suppliers, or vendors, and their respective officers, directors,

employees, or agents with respect to any and all claims arising out of the performance or non-performance

of Hilton Photos & Arts obligations under the Terms of Use, whether based on warranty, contract, negligence,

strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes,

shipping, and processing) for such products or services.

 

In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing

or providing materials, supplies, or services; cost of replacement capital; claims of purchaser's customers;

inventory or use charges; or incidental or consequential damages of any nature.