PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THE ARTISTS' (SIMONE HESTER d/b/a SIMONE HESTER ART LLC) WEBSITE AND SERVICES, YOU HERBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPERATED HERIN BY PREFRENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PERSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSIVLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE ARTISTS' SITES OR THE ARTISTS' SERVICES.

 

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with the Artists' clients and visitors which may interact or interface with Simone Hester d/b/a Simone Hester Art LLC, also known as the Artist, located in Flossmoor, Illinois in association with the use of the Artists' website, www.simonehester.com (the "Site") and its Services, which shall be defined below.  

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website and online gallery operated by Fine Artist Simone Hester d/b/a Simone Hester Art LLC. These Terms set forth the terms and conditions under which you may use the Artists' website and services provided by the Artist.  

 

This website is the official website of Fine Artist Simone Hester d/b/a Simone Hester Art LLC featuring fine art photography, ink pen drawings (Zentangles), watercolors, custom t-shirt designs, services and other creative things. Most artworks (unless otherwise indicated) listed in the galleries on the website, simonehester.com, are available for visitors and/or clients to purchase online. By using or accessing the website services or online purchase, you approve that you have read and agree to be bound by these Terms.

 

The Artist (Simone Hester d/b/a Simone Hester Art LLC) is a registered business in the state of Illinois and federally registered in the United States.

 

Any and all visitors to the Artists' site shall be deemed as "users" of the herein contained Services provided for TOS.

 

PRIVACY POLICY

Every users data and other personal information are strictly protected by Simone Hester’s d/b/a Simone Hester Art LLC’s  Online Privacy Policy. As a user, you herein consent to the collection and use of the information provided, including transfer of information within the United States and/or other countries for storage, processing or the use by Simone Hester d/b/a Simone Hester Art LLC.

 

COPYRIGHT AND OWNERSHIP OF CONTENT

Content and images published on this site such as images (both pictures/photos as well as artworks), graphics, text, logos, video and written content is the property of Simone Hester d/b/a Simone Hester Art LLC and is protected by United States Copyright Laws. The entire collection of artworks and content on this website, simonehester.com, is the exclusive property of Simone Hester d/b/a Simone Hester Art LLC along with the copyright authorship for this compilation by Simone Hester d/b/a Simone Hester Art LLC. For more details, visit the Artists' Copyright Policy.

 

COLOR OF ARTWORKS

You understand and agree that the Artist has made reasonable efforts in order to display the colors of the original artworks accurately on this website. Each individual monitor, cell phone, tablet or other device may display colors differently. Simone Hester d/b/a Simone Hester Art LLC is not responsible for the color accuracy on your computer monitor, cell phone, tablet or other device. This also applies to art prints, there may be color differences between the original artwork and the fine art print. The Artist does her best to match colors accurately, but color differences within art prints verses original artwork may exist.

 

MODIFICATIONS

Simone Hester d/b/a Simone Hester Art LLC shall reserve the right at any time that may deem fit to modify, alter, increase and/or decrease prices, change shipping and handling rates, update services, change of tax rates and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, the Artist shall not be held liable to you or any third party for any such modification, alteration, suspension, and/or discontinuation of the Artists' services or any part thereof.

 

THIRD PARTY SERVICES

This website uses third party services and applications that make their services available on this site. When you access third party applications or services or applications, you are bound by the terms and policies of the third party.

 

ELECTRONIC COMMUNICATION

Upon purchase of Services and/or Products, you herby acknowledge that by using simonehester.com to send electronic communications, which include, but are not limited to, email, searches, and instant message, contact form, you will be causing communications to be sent through the Artists' computer network. You also agree that all notices, disclosures, agreements and other communications sent electronically meet legal requirements that such communications be in writing. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in electronic transmissions.

 

APPLICABLE LAW

By visiting this website, you agree to all the laws of [your location] without regard to principles of conflict laws, shall govern these terms of service, or any sort that may come between you and Simone Hester d/b/a Simone Hester Art LLC.

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COMMENTS, REVIEWS AND EMAILS

Visitors may post content when allowed as long as it is not obscene, threatening, harassing, illegal, infringing on intellectual rights, defamatory, invasive of privacy or injurious in any way towards the Artist or third parties. Content must be free of political campaign, software viruses and commercial solicitation. The Artist, Simone Hester d/b/a Simone Hester Art LLC, reserve all rights (but not the obligation) to remove offending posted content. When you make a public comment, you grant Simone Hester d/b/a Simone Hester Art LLC non-exclusive, royalty-free and irrevocable right to use, modify, reproduce, and publish such content in any of the Artists' online media.

 

INDEMNIFICATION

You agree to indemnify and hold the website owner, Simone Hester d/b/a Simone Hester Art LLC, from any demands, loss, claims or expenses (including attorney's fees), made against them by any third party due to or arising from, or in connection with your use of the website or any services offered through the website.

 

PURCHASING POLICY

On completion of your online purchase, you will receive a confirmation email. All reasonable efforts will be made to package the artwork and ship it within eight (8) to ten (10) business days. Limited Edition Special Prints and Commissions have a different purchasing and shipping time frame which is detailed within the agreement for said item. Time frame may depend on seasonal/holiday, or for unforeseeable reasons such as sickness, weather conditions or acts of God. If the order is unable to ship within the 8 to 10 business day timeline, the buyer will be notified. At this time, Simone Hester d/b/a Simone Hester Art LLC is currently not shipping internationally.      

 

PAYMENTS

All payments are made through Wix Payments (on the website) and will be listed as Simone Hester Art LLC on customer’s statement. Customers can also purchase items via PayPal, a third party payment processor. Processing payments through PayPal is subject to third parties' Terms of Service and Privacy Policy. You agree to pay the Artist, Simone Hester d/b/a Simone Hester Art LLC through PayPal, the full amount as charged.

 

REFUND POLICY

ALL SALES ARE FINAL, No Refunds, No Returns. Only LIMITED EDITION SPECIAL PRINTS WITH OR WITHOUT CUSTOM FRAMING will be refunded if it is damaged during shipment. Exchanges are allowed for misprinted/damaged/defective items. Any claims for misprinted/damaged/defective items must be submitted within 2 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 3 weeks after the estimated delivery date. 

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If you notice an issue on the products you receive with your order, please take a picture of the item and send it along with a detailed description to simonehesterart@outlook.com.

 

CUSTOMER CONCERNS

If there are any concerns regarding your purchase, please contact the Artist, Simone Hester d/b/a Simone Hester Art LLC, within seven (7) calendar days of receiving your purchase via email to simonehesterart@outlook.com or visit the website www.simonehester.com and visit the contact section.

                                                                                               

STATE GOVERNING LAW

These terms and conditions are governed by the laws of the United States of America and the laws of the State of Illinois. You agree and acknowledge that any action to enforce these Terms and Conditions will be brought solely to the State and Federal Courts located in Cook County, Illinois.

 

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding the Terms of Service Agreement, Shipping and Returns, Privacy Policy, or Copyright Policy related to the Artists' website, simonehester.com, please feel free to contact the Artist, Simone Hester d/b/a Simone Hester Art LLC, at the following email:

 

Email: simonehesterart@outlook.com

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Last Updated 06/30/2021