This website is owned and operated by AWinburnART.  The words “we”, “us” “our” and “Site” refer to AWinburnART. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to purchase one-of-a-kind glass art pieces made by Angie Winburn. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. 

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1. USE REQUIREMENTS

To use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these  Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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2. KEY TERMS

When buying an item, you agree that: (a) you are responsible for reading the full item listing before making a commitment to buy it: (b) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. 

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The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. 

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3. RIGHT TO CHANGE OFFERING

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.  We shall not be liable to you or any third-party, for any modification, price change, suspension, or discontinuance of the service.

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4. PRODUCTS OR SERVICES

Prices for our products are subject to change without notice. Our products are made in limited quantities and are subject to return or exchange only according to our Refund Policy.

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We have made every effort to display as accurately as possible the colors and images of our products that appear on our Site. We cannot guarantee that your computer monitor will display any of the colors with accuracy.

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We reserve the right to refuse service to anyone for any reason and we may limit the sales of our products or services to any person, geographic region or jurisdiction on a case-by-case basis. We may in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that include the same billing or shipping address. In the event that we change or cancel an order, we may notify you via email, postal address, billing address or phone number provided at the time the order was made. To protect our interests, we reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, re-sellers or distributors. 

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5. ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card information (numbers and expiration date), so we can complete your transactions and contact you as needed.

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6. THIRD-PARTIES

Certain content and services available via our Service may include materials from third-party providers. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. That is, we neither own nor control them in any manner. As such, we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.

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We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please read and review carefully the third-party’s policies and practices. Make sure you understand them before you engage in any transaction.

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All complaints, claims, concerns and questions regarding third-party products or services should be directed to the third-party. 

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7. WARRANTIES

There are no warranties for the one-of-a-kind pieces of glass art that we sell. Should a piece become damaged while in your possession AWinburnART will not be held responsible for replacement and repair is not an option due to the nature of the work. We are also neither responsible nor liable for any injury that may incur upon handling damaged glass art (any item sold on this Site) or accessories (such as a display stand) whether the damage happened during shipping or while in your possession. We are also not responsible nor liable for any injury that may take place while installing the piece of art. Please see our Refund Policy if a piece is damaged during transit.

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8. COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

Should we request you send specific submissions (such as contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, postal mail, or collectively “comments”, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are and shall be under no obligation to (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments.

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We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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You agree that your comments will not violate any right of any third-party. This includes copyright, trademark, privacy, personality, or other personal/ proprietary right. You also agree that your comments will not contain any libelous or otherwise unlawful, abusive, or obscene material, and will not contain any computer virus or malware that could in any way affect the operation of the Service or any related website.

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You may not use a false email address, pretend to be someone other than yourself, or mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

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9. OWNERSHIP of Intellectual Property, Copyrights, Logos, and then some

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of AWinburnART. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof without explicit written authorization from AWinburnART.  You may not use our products for any illegal or unauthorized purpose including but not limited to copyright laws. 

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10. PERSONAL INFORMATION

Please review our Privacy Policy regarding your Personal Information.

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11. RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account.

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12. ERRORS, INACCURACIES, AND OMISSIONS

We do our very best to ensure everything posted on our Site is as accurate as possible. However, we are human so occasionally there may be information on our Site that contains typographical errors, inaccuracies, and accidental omissions that may relate to our product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, and omissions and to change or update information, or cancel orders if any information on the Site is inaccurate. We can do so at any time, without prior notice, including after you have placed your order.  

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13. INDEMNIFICATION

You agree to indemnify and hold AWinburnART, our subsidiaries, affiliates, partners, officers, directors, employees, interns, and service providers harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website. 

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14. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service however, such determination shall not affect the validity and enforceability of any other remaining provisions.

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15. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall AWinburnART be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use the service. 

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To the maximum extent permitted by applicable law, AWinburnART assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. 

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16. PROMOTIONAL EMAILS AND CONTENT

We offer promotional messages and materials on occasion by mail, or email but only with your consent. Should you choose to receive such communications you may opt out at any time by notifying us of your wish to be removed from our mailing list.

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17. LAW AND DISPUTE RESOLUTION

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America/Washington without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction 

located in Renton. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. 

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18. ENTIRE AGREEMENT

These Terms and Services and any policies or operating rules posted by us constitutes the entire agreement and understanding between you and us and govern your use of our Site and the services we offer, superseding any prior or contemporaneous agreements, communications, and proposal, whether oral or written, between you and us, including but not limited to prior versions of the Terms of Service. 

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The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

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We reserve the right, at our sole discretion, to change, modify, update or replace any part of these Terms of Service by posting updates and changes to our Site. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Otherwise, it is your responsibility to check our Site periodically for changes. Your continued access to our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services and/or you cease using our Site.

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Any ambiguities in the interpretation of these Terms of Service shall not be held against the drafting party.

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19. CUSTOMER SUPPORT

If you have any questions about the Terms of Service, please contact:

 angie@awinburnart.com

PO Box 2462 Renton, WA 98056