Terms & Privacy
Terms of Service
This website is operated by Jozelle McLea Studio. Throughout the site, the terms “we”, “us” and “our” refer to Jozelle McLea Studio. Jozelle McLea Studio offers 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.
By visiting our site and or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Rights to Artwork and Images
All artwork, images, and graphics are the sole property of Jozelle McLea and may not be used by any third party without written permission. Copying or reproducing artwork created by Jozelle McLea (as seen on jozellemclea.com, or elsewhere) is strictly prohibited without written permission from the artist.
Jozelle McLea Studio retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business.
Jozelle McLea Studio retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.
Jozelle McLea Studio retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Jozelle McLea UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.
Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork.
Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artists name).
All other uses must be agreed to in advance in writing.
info@jozellemclea.com
Children Under Thirteen
Jozelle McLea Studio does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use jozellemclea.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Reproductions and non-original products: You may cancel your order within the first 24 hours. After 24 hours a 10% restocking fee will be applied. Returns and exchanges are handled on a case by case basis. We are not liable for any mishandling or failed delivery by the shipping service (Postnet, MDS or FedEx). Please contact info@jozellemclea.com within 7 days of receiving your artwork.
Original Paintings: All sales of original artwork are final. Orders canceled within the first 24 hours will incur a 15% restocking & re-marketing fee. Returns or exchanges of original work are not available except for the most extreme situations.
Links to Third Party Sites/Third Party Services
Jozellemclea.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Jozelle McLea Studio and Jozelle McLea Studio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Jozelle McLea Studio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jozelle McLea Studio of the site or any association with its operators.
Certain services made available via jozellemclea.com are delivered by third party sites and organisations. By using any product, service or functionality originating from the jozellemclea.com domain, you hereby acknowledge and consent that Jozelle McLea Studio may share such information and data with any third party with whom Jozelle McLea Studio has a contractual relationship to provide the requested product, service or functionality on behalf of jozellemclea.com users and customers.
Indemnification
You agree to indemnify and hold Jozelle McLea Studio, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Jozelle McLea Studio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jozelle McLea Studio in asserting any available defenses.
Liability Disclaimer
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Jozelle McLea Studio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Changes to Terms
Jozelle McLea Studio reserves the right, in its sole discretion, to change the Terms under which jozellemclea.com is offered. The most current version of the Terms will supersede all previous versions. Jozelle McLea Studio encourages you to periodically review the Terms to stay informed of our updates.
Privacy Information
Your privacy is very important to us. We do not share any personal, demographic, or financial data with any third party. We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
Security
Payment information is not retained by Jozelle McLea Studio and we take precautions to protect your information during this process. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way through a Payment Processing System (Stripe or Paypal, depending on our preference at checkout).
Privacy Policy
By using the Jozelle McLeas website, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Jozelle McLea may collect personally identifiable information, such as your: First and Last Name, Mailing Address, E-mail Address, Phone Number
When you purchase Jozelle McLea's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction but is help in an encrypted and secure payment processing service (PayFast or Paypal). Jozelle McLea Studio has no access to this information.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Jozelle McLea collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Jozelle McLea may also use your personally identifiable information to inform you of other products or services available from Jozelle McLea and its affiliates.
Sharing Information with Third Parties
Jozelle McLea does not sell, rent or lease its customer lists to third parties.
Jozelle McLea may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Jozelle McLea, and they are required to maintain the confidentiality of your information.
Jozelle McLea may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Jozelle McLeas or the site; (b) protect and defend the rights or property of Jozelle McLea; and/or (c) act under exigent circumstances to protect the personal safety of users of Jozelle McLea, or the public.
Tracking User Behavior
Jozelle McLea may keep track of the websites and pages our users visit within Jozelle McLea, in order to determine what Jozelle McLea services are the most popular. This data is used to deliver customised content and advertising within Jozelle McLea to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Jozelle McLea. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Jozelle McLea website.
Use of Cookies
The Jozelle McLea website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Jozelle McLea pages, or register with Jozelle McLea site or services, a cookie helps Jozelle McLea to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Jozelle McLea website, the information you previously provided can be retrieved, so you can easily use the Jozelle McLea features that you customised.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Jozelle McLea services or websites you visit.
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Children Under Thirteen
Jozelle McLea does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications
From time to time, Jozelle McLea may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Jozelle McLea or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Jozelle McLea, you may opt out of such communications by selecting "unsubscribe" at the bottom of a newsletter.
Changes to this Statement
Jozelle McLea reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
Jozelle McLea Studio welcomes your questions or comments regarding the Terms of Service and Privacy Policy: info@jozellemclea.com
Effective as of 11 March, 2020