This website is operated by Jamie Thomson, who operates under the LLC Brilliant Blue Designs (or dba brilliantbluejay) as a sole proprietor. Throughout the site, the terms “we”, “us” and “our” refer to Brilliant Blue Designs LLC and Jamie Thomson. Jamie Thomson and Brilliant Blue Designs LLC offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You expressly acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you also acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products, services, User-Generated Material and information available at or through the Services, the possibility of our review, use or display of User-Generated Material, and the possibility of publicity and promotion from our review, use or display of User-Generated Material that You provide.
By accessing, viewing, bidding on, or purchasing a Product listed on Our Website, You understand expressly agree that these Terms and Conditions (“Terms and Conditions”) govern Your access to, and use of, Our Services and that any use of our Website, and all bids and sales associated with our Products are contingent upon Your acceptance of the Terms and Conditions, as may be modified by us from time to time. By using our Website, in particular, by bidding on or purchasing a Product, You expressly agree to be bound by these Terms and Conditions, as amended from time to time. Please read them carefully and often, as the following Terms and Conditions, and any other policies linked to herein, govern your access to, and use of, all Services, and constitute a binding legal agreement between you and Brilliant Blue Designs LLC.
Representation and Reservation of Rights
We represent and warrant that, as to Original Works of Art made available through the Services, We are the creator of all such Original Works of Art and the sole and exclusive owner of all such Original Works of Art and the digital rights thereto. You acknowledge and understand that all digital rights, title and interest to an original work, a digital work, and all derivative intellectual property remain the sole intellectual property of Jamie Thomson, and Brilliant Blue Designs LLC., and that We retain all digital rights to all Original works after the sale of the physical Original work. Reproduction of any Product infringes on the copyright of the Artist and, therefore, will be an actionable violation of U.S. and International Copyright Laws. That is, All Derivative ad Digital rights to the image of and rights to the Original Work are reserved by, and remain the property of, The Artist. You acknowledge and agree that no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us, Our licensors, and Third-party Providers, except for the licenses and rights expressly granted herein.
- All Original Works of Art sold by Jamie Thomson, Brilliant Blue Designs LLC, and Services of our Third-Party Providers, are provided “As Is,” without warranty of any kind, either express or implied.
- Without limiting the foregoing, Jamie Thomson, Brilliant Blue Designs LLC explicitly disclaims any warranties of merchantability, and fitness for a particular purpose. We also disclaim arising out of course of dealing or usage of trade, including without limitation, warranties of Accuracy, availability, quality, compatibility with any of Purchaser’s standards or requirements, As well as any warranties arising by operation of law of from a course of dealing or usage in trade. No advice or information, oral or written, obtained by You form or in any manner from the Services or Product creates any warranty.
- We make no warranty that the Website, Services, or Content, will (i) meet your requirements, or (ii) be available, uninterrupted, secure, or error-free.
- We make no warranty regarding the quality of any Products, or the quality of any Services, or the quality of any Content, or the accuracy, timeliness completeness, or reliability of any Content obtained through the Website or Services.
- You understand and agree that no warranty, express or implied, is created based on Your reliance on oral or written advice or information obtained from Jamie Thomson, Brilliant Blue Designs LLC.
By viewing, using, accessing, browsing, or purchasing a work on or through our website or Services, or submitting or posting any content or material on jamiethomsonart.com, or otherwise using our Services, You expressly acknowledge, agree, warrant and represent that:
B.You consent to all Terms and Conditions herein before accessing or using our Services;
C.If You accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
D.YOU have read and understand these Terms and Conditions, You recognize Your consent to the Terms and Conditions are a condition precedent to Your use of any and all Services, including viewing Our products, purchasing Our products, and/or conducting business with Us, whether online, by phone, in person, via an Agent, or by using any associated Services;
E.You understand these Terms and Conditions are a binding legal contract between You and Jamie Thomson, Brilliant Blue Designs LLC;
F.If You do not accept all Terms and Conditions, You will not access or use any of our our Services;
G.You understand that any purchase initiated or completed in abrogation of the Terms and Conditions, in whole or in part, may be terminated by Us; and,
- You understand that We reserve the right to modify any item contained in the Terms and Conditions at any time. Changes will be effective immediately upon posting to Our website, at which time such they shall be incorporated herein and made a part hereof. Should you access or use our Services after such changes are posted, you are subject to their terms.
Product, Payment, Fulfillment and Gift Card Information
Nothing on this Service Website constitutes an offer. Rather, the prices posted constitute an invitation for you to bid on, or make your own offer to purchase Products. All Product orders are subject to acceptance by jamiethomsonart.com.
- Payments are processed by our PCI-compliant third-party payment processor. All Product orders and Services by our third-party payment processor are governed by these Terms and Conditions:
- Purchases must be made by credit card, debit card, or PayPal through our third-party Service Provider;
- Payment will not be processed if any information You submit is incorrect or invalid;
- We have no responsibility or liability if your credit, debit card or PayPal payment is declined;
You may purchase a gift card through the our third-party payment processor, but We cannot issue store credit for gift cards;
Once payment is made, You agree that are subject to Our Return Policy; and
- We reserve the following rights:
- To change the price of any product on our website without notice; and,
3.To take a product out of inventory for sale, or modify a listed product, at any time, without notice.
Terms of Sale
You understand and acknowledge that every Product offered for sale on jamiethomsonart.com is a Unique Item: Original Artwork. By purchasing any of our Products, You hereby accept all Terms and Conditions stated herein and understand that, to the maximum extent permitted by law, all of Our products are sold to You “As Is” and without any warranty of any kind, express or implied. We expressly disclaim all warranties and conditions of any kind, express or implied, with respect to the Products.
- By purchasing Our Product, You understand and agree that all Sales are Subject to Our Cancellation and Return Policies contained herein.
- PLEASE NOTE THAT BECAUSE OF THE UNIQUE QUALITY OF THE ORIGINAL ARTWORK BEING SOLD, WE ARE EXEMPT FROM THE EU Directive on Consumer Rights and are not required to offer and/or accept returns.
- We make every possible effort to accurately display the colors, textures, dimensions and images of every product. However, we cannot guarantee that your computer monitor will accurately depict the detail and color of the piece. You understand and agree that we use commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, We are not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and we disclaim all liability in this regard;
- Product colors, measurements, and weights are approximate only and may vary from the representation on the Services. These differences will not constitute a defect in, or noncompliance of, the Product.
- As Collectors know, it is not unusual that the back-side of the canvas arrives with stray paint marks and/or the Artist’s notes. In many cases, in time, this will add value to the work. If it does not please You, know that many Collectors cover it with the signed Certificate of Authenticity;
- Each Original Painting comes with Certificate of Authenticity hand-signed by the Artist.
Though we entertain all bids, we cannot guarantee the Product of your choice will still be available at the time of your bid.
- It is possible Products will sell to Collectors at prices higher than those listed online.
- We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including but not limited to, the following:
- Problems are identified by credit and fraud avoidance services. We may also require additional verifications, approvals or other information before accepting any order. After We receive Your offer to purchase Products, We will send an order acknowledgement to the email address you provide listing the contents of your requested order. This email serves only as information to the purchaser acknowledging that the order has been received;
- If a higher offer for the same unique Product has been received before shipment or acceptance of your bid, we will contact you and confirm whether you would like to increase your bid or purchase a different piece instead;
- Limitations on our ability to accept orders for shipment to addresses outside the Continental United States: We reserve the right to refuse any order You place with Us. 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 use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed;
- Products may not be available for immediate delivery;
- If your offer is declined by Jamie Thomson, Brilliant Blue Designs LLC, You agree that We may contact You to let you know and to help You find similar works or facilitate a commissioned piece; and,
- An offer for any product or service made on this site is void where prohibited.
Taxes and Duties:
- All Prices, fees and other amounts referred to in these Terms are stated in U.S. dollars.
- You expressly acknowledge and accept that Online prices include the Work of Art packaging and shipping within the US and Canada only.
If you are outside the US and want to purchase a piece:
(i) Packaging, Shipping, Handling Fees, insurance, GST, Sales Tax, Customs Fees, Duties, and Tariffs are not included in the Cost of the Product and are the Sole responsibility of the Purchaser;
(ii) For deliveries in the U.S., Sales Tax is included in the purchase price, but this is not the case for deliveries Outside of the U.S.: For International Sales, Customs and Duties may not be calculable until the Products enter Your country. In some cases, You are invoiced when the purchase arrives at its final destination. You understand that Our Purchase Prices Do Not Include additional costs levied on your Purchase upon shipment of products. That is, You understand and agree that You will pay the amount of any and all additional costs levied on Your Purchase upon shipment, that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”), including, but not limited to, any sales, use, value added (“VAT”), goods and services (“GST”) customs fees, import or similar taxes or withholding taxes or any customs fees, duties or tariffs and the like, that may apply to, or be levied on, Your shipment, but is NOT included in Your price paid at Checkout, whether assessed at the point of entry of the destination country or otherwise. You understand and Agree that this may result in You, the buyer. having to pay additional charges which are not included in the total price displayed at checkout; and,
(iii) For International Sales, although We are not able to calculate Taxes You will owe, we will provide the necessary paperwork to the Delivery Service. In that regard, We are unable to remove pricing from documents, and We do not mark packages as gifts or samples. All prices will be accurately shown on the paperwork for customs clearance.
- Each party will cooperate with the other party, and furnish any customary written documentation or forms required under applicable law to enable all parties to comply with all legal obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT and GST.
- You understand, warrant and expressly agree that We assume, and have, no responsibility for Purchases damaged in Transit; That all sales are EXW, ExWorks, meaning that the Transfer of Risk to You occurs when We place the Product at Your disposal for Pickup from our location in Johns Creek, Georgia, for transfer from the Us to You. You understand that from that point on, You are responsible for the Product’s condition; You will provide Your current phone number and address. We are unable to ship to a post office box. And You are responsible for carefully entering everything correctly in the “Ship To” portion of Your Purchase: your full name, the full address to which Your Products will be shipped and Your phone number with country code. We rely on this information to create a shipping label and are not responsible for any events (labeling delays, lost shipments, etc.) that might occur due to the inaccurate entry of Your “Ship To” address.
As stated in our terms of sale, because of the unique quality of the original artwork being sold, we are exempt from the EU Directive on Consumer Rights and are not required to offer and/or accept returns. It is our policy not to do so except in extreme cases. Our payment options include payment over time to accommodate most situations. If you find you have a problem with your shipment/purchase, please email me immediately so I can address your concerns at email@example.com
You agree to defend, indemnify, and hold Jamie Thomson, Brilliant Blue Designs LLC, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to purchase Products or use of the Services, Content or Member Content, or your violation of these Terms and Conditions. If you are dissatisfied with the Services, do not agree to any of the provisions of these Terms and Conditions, or incur any loss or damage of any kind in connection with the Services. Your sole and exclusive remedy is to discontinue accessing and using the services.
Liquidated Damages and Rules of Using Services
- The parties agree that, because it is difficult to determine appropriate damages in a case where someone accessing our website infringes on a copyright, the Party Who Infringes agrees to pay the Artist $1000 per actionable infringement in Liquidated Damages. For example, if the Artist’s digital rights are misappropriated by the Purchaser, the Purchaser (in this, the Infringing party) must pay the Artist $1000 in Liquidated Damages for every digital print sold.
- You understand that the Services are intended solely for persons who are 18 or older. By accessing or using the Services you represent and warrant that you are 18 or older or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- In order to to make a purchase through the Services, (other than users who utilize the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, outdated or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
- You acknowledge and agree that if You breach any of the Terms and Conditions herein, We, in our sole discretion, have the right to suspend or disable your Account without prior notice to you. We reserve the right to revoke your access to and use of the Services, Content on Our Website, and Member Content at any time, with or without cause. Should you breach any of the Terms and Conditions, You will remain liable for any amounts due hereunder.
Links and Services
You understand that the Services may contain links to third-party websites or resources. You acknowledge and agree that under no circumstances are We responsible or liable for:
- The availability or accuracy of such websites or resources; or
- The content, products, or services on or available from such websites or resources.
- You understand and agree that Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- To the extent you access our website through a Mobile device through a mobile device, your wireless carrier’s standard charges, data rates and other fees apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
- By using the Mobile Services, You agree that We may communicate with you regarding Jamie Thomson, Brilliant Blue Designs LLC and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us.
- You agree that your use of our Services, mobile or otherwise, is subject to all applicable local, state, national and international laws and regulations. You agree to comply with US law and local laws and rules regarding online conduct and User-Generated Material (as defined below), and regarding the transmission of technical data exported through the Services from the US or the country in which you reside.
- You also expressly covenant and agree to the following Terms and Conditions:
- Not to use the Services for illegal purposes;
- Not to retrieve data or other content from the Services for purposes of creating or compiling that content for any purpose other than your authorized use of the Services as permitted by these Terms and Conditions;
- Not to submit false or misleading information via the Services (including misrepresenting your affiliations with any institution or falsify information in connection with your use of the Service, or act maliciously against Us, Our business or other interests or Our reputation;
- Not to impersonate or attempt to impersonate another user or person;
- Not to sell or otherwise transfer your Services account;
- Not to harass, annoy, intimidate, or threaten any employees, contractors, agents, or representatives engaged in providing the Services;
- Not to commit any acts of infringement on or using the Services or with respect to the Services or their information or content;
- Not to engage in activities that aim to render the Services inoperable or to make their use more difficult;
- Not to copy any Services content, including product images and descriptions, for republication in any other publication, whether in print or online;
- Not to create or maintain content in connection with the Services for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services, including but not limited to linking to any commercial or other website from the Services;
- Not to attempt to gain unauthorized access to other computer systems from or through the Services;
- Not to interfere with another person’s or entity’s use or enjoyment of the Services;
- Not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;
- Not to upload, post, or transmit viruses, Trojan horses, worms, time bombs, cancel-bots, malware, adware, or other harmful, disruptive or destructive files or computer programming routines, including those that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; and,
- Not to disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services, including the Affiliate Program sites.
You agree that regarding the consequences of violations of this section or the previous sections herein, that your offense may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy. Accordingly, in the event of a violation of any of those sections, we may seek immediate injunctive relief, without the need to post bond, prove damages, or meet any similar requirement, as well as any other remedy available at law or at equity, and otherwise terminate your access to the Services.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Jamie Thomson, Brilliant Blue Designs LLC shall have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that We have no obligation to monitor your access to, or use of, the Services or to remove any Member Content, but We do have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms and Conditions, or to comply with applicable law or court order, administrative agency or other governmental body. Jamie Thomson, Brilliant Blue Designs LLC reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Our Art Content or any other text, graphics, images, software, music, audio, video, information or other content or material that We, in our sole discretion, consider to be objectionable, in violation of these Terms and Conditions, or otherwise harmful to the Services. Any rights not expressly granted herein are reserved.
These Terms and Conditions constitute the entire and exclusive understanding and agreement between you and Us. They supersede and replace any and all prior oral or written understandings or agreements between Us and you regarding responsibilities with regard to our Products and the Services of our Third-Party Service Providers.