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
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
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
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
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.
access this site.
Copyrighted Materials for Limited Use
delete from, or modify any part of Content at any time without prior notice.
Terms of Sale
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
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
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.