Terms & Conditions

Terms & Conditions of Use of this Website


Welcome to SFAE.com, the website of San Francisco Art Exchange LLC. We provide website features and content subject to the following conditions. By visiting or shopping at SFAE.com, you are accepting the conditions, practices and rights to use as described in this Notice.

SFAE.com website copyright ©1994-2022 San Francisco Art Exchange LLC. All rights reserved. Unless otherwise noted, all content of this site including text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, software, design, interface, architecture, structure and any other design elements or features unique to SFAE.com, and are not property rights held by others or are not in the public domain, are the sole property of San Francisco Art Exchange LLC. In addition, when you use any current or future SFAE.com site versions, services or features, such use will be subject to the guidelines, terms, conditions and agreements as they appear here or anywhere else on SFAE.com. Terms and conditions are subject to change without notice and could be edited or altered from time to time as, if, and when San Francisco Art Exchange LLC, in its sole discretion, deems necessary.

Intellectual property that appears on the SFAE.com website.


All copyrights and any other intellectual property rights in and to the images on this website are owned by their respective intellectual property rights holders and are protected by federal and international intellectual property law.

Our artists, photographers and other copyright and trademark holders own and control their intellectual property rights exclusively and reserve all rights in and to them. Specific artist copyright information may be found noted with each image on its respective detail page as well as on the copyright pages located within each artist’s section.

Aside from the legal prohibition against using, without permission, any intellectual property belonging to any rights holder who has their work displayed on our site, it is also disrespectful to the artists, their careers and the hard work they expended over many years to build such collections of images we all enjoy. If you appreciate their work and the images you see here (or elsewhere on the internet, for that matter) please exhibit the courtesy and respect these artists deserve by not using their imagery without their explicit permission.

Trademarks


San Francisco Art Exchange™ and Gallery of the Popular Image™ are trademarks of San Francisco Art Exchange LLC. All rights are reserved.

Conditions of use, notices, and revisions.


If you choose to visit SFAE.com, your visit and any dispute over privacy is subject to this notice and our Terms and Conditions of Use, including limitations on damages, resolution of disputes, and application of the laws of the state of California, with San Francisco as the venue of jurisdiction for any legal action or arbitration and the Northern Federal District Court.

If you have any concern about privacy at SFAE.com, please contact us with a thorough description, and we will try to resolve it. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

License and site access


San Francisco Art Exchange/SFAE.com grants you a limited license to access and make personal use of this site and not to download this site (other than page caching) or modify this site, or any portion thereof, except with express written consent of San Francisco Art Exchange LLC.

This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of San Francisco Art Exchange LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of San Francisco Art Exchange/SFAE.com without express written consent from San Francisco Art Exchange LLC.

You may not use any meta tags or any other "hidden text" utilizing San Francisco Art Exchange’s name or trademarks without the express written consent of San Francisco Art Exchange LLC. Any unauthorized use terminates the permission or license granted by San Francisco Art Exchange/SFAE.com.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SFAE.com so long as the link does not portray San Francisco Art Exchange, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or to suggest any partnership, joint venture relationship or other joint business relationship or collaboration between you or any other entity and San Francisco Art Exchange/SFAE.com. You may not use any San Francisco Art Exchange logo or other proprietary graphic or trademark as part of the link without express written permission from San Francisco Art Exchange/SFAE.com.

San Francisco Art Exchange LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Your account


If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. San Francisco Art Exchange/SFAE.com does not sell objects, artwork or other products to minors, but does sell them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use SFAE.com only with the permission, oversight and discretion of a parent or guardian.

Risk of loss


All items purchased from San Francisco Art Exchange/SFAE.com are made pursuant to a shipment contract. All shipments are insured for the value of your purchase. San Francisco Art Exchange/SFAE.com reserves the right to choose the freight forwarder, carrier, shipper, or shipping agent we deem appropriate to transport and deliver the item(s) you purchase from us safely to you.

We currently use United Parcel Service (UPS) for most shipments because they offer higher insurance limits. We do, however, also use Federal Express (FedEx), the United State Postal Service (USPS) and various other freight companies that we have worked with for many years and with excellent success. Our packaging and shipping department's approach to safely packing items of all values is largely responsible for keeping items safe and secure while in transit.

Our shipping policy requires that a signature must be obtained before an item can be delivered. If you prefer to waive this requirement, you may contact us to ship without a signature being required at the time of delivery. By waiving this requirement you agree that by so doing you take on all risks associated with delivery and receipt at the shipping address you provided at time of purchase.

In the event of the loss of a shipped item or damage caused to a shipped item, San Francisco Art Exchange LLC, as the shipper, must make a claim once we hear about the loss or damage from you. It is, therefore, necessary for you to report to us non-receipt of a shipped item or, in the case of possible damage, to examine any package we ship to you immediately at time of delivery and report any noticeable damage or problem suffered by the package so we can properly and effectively submit a claim. To do this, please contact us at 800-344-9633 within the United States or 415-441-8840 outside the United States. You can also contact us by email at orders@sfae.com.

It is important that you point out any noticeable damage on the package to the driver, delivery person or shipping agent who delivered the package to you and, if possible, at the moment of the delivery. They should, at this time, acknowledge and make note of such damage. If you have access to a camera, taking photographs of any damage you notice could be useful in submitting a claim, as well. We will then make a claim and expedite processing of reimbursement for you or, if replacement of the item is possible, to replace the item after claim processing is complete. While we may replace an item if possible prior to a claim's settlement, we will do this at our sole discretion and without an obligation to do so.

Descriptions of art, objects and other products


We attempt to be as accurate as possible in our descriptions. San Francisco Art Exchange/SFAE.com, however, does not warrant that item descriptions or other content of this site is error-free. If you purchase an item offered by SFAE.com and it is not as described, your sole remedy is to return it in the same condition in which you received it.

Pricing


Except where noted otherwise, the prices displayed for items on our website represent the full price listed on the items themselves as they are represented, e. g., framed or unframed.

Due to the nature of items on SFAE.com most of which are either produced in limited editions or are unique, price and availability are subject to change without notice, though we do attempt to keep our pricing and item status updated as often as practicable.

With respect to items sold by San Francisco Art Exchange/SFAE.com, despite our best efforts, a small number of the items on our site may be incorrectly priced. If an item's correct price is lower than our stated price and you have made a purchase, we will gladly credit you the difference immediately whether you have discovered the error yourself or not.

If an item's correct price is higher than our stated price, we will, at our discretion, either contact you before shipping, offer you the opportunity to pay the difference between the correct price and the erroneous price at which the order was placed or to cancel your order and notify you of such cancellation and issue you a full refund of what you paid and in the same monetary form in which you made payment.

Applicable law


By visiting SFAE.com, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and San Francisco Art Exchange LLC/SFAE.com.

Disputes


Any dispute relating in any way to your visit to SFAE.com or to products sold or distributed by San Francisco Art Exchange LLC/SFAE.com or through SFAE.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in any state or federal court in San Francisco, California, and you consent to exclusive jurisdiction and venue in such courts.

Disclaimer in warranties and limitation of liability


This site and all information, content, materials, items, objects, artwork, photographs and sculpture, included on or otherwise made available to you through this site are provided by San Francisco Art Exchange LLC/SFAE.com on an "as described" and "as available" basis, unless explicit representations are made otherwise in writing.

San Francisco Art Exchange LLC/SFAE.com makes no representations or warranties of any kind, expressed or implied, as to the operation of this site or the information, content, materials, included on or otherwise made available to you thorough this site, unless explicit representations are made otherwise in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, San Francisco Art Exchange LLC/SFAE.com disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. San Francisco Art Exchange LLC/SFAE.com does nor warrant that this site, information, content, materials, products included on or otherwise made available to you through this site, their host server(s), or electronic communications sent from San Francisco Art Exchange LLC/SFAE.com are free of viruses or other harmful components. San Francisco Art Exchange LLC/SFAE.com will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials or products included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.

Site policies, modification, and severability


Please review our other policies posted on this site. These policies also govern your visit to SFAE.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our address


San Francisco Art Exchange LLC 
PO BOX 365
Half Moon Bay, CA 94019
www.sfae.com

Copyright complaints


San Francisco Art Exchange LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately so that we can forward you to the appropriate entity or person who has provided San Francisco Art Exchange/SFAE.com with the image, item or other content you allege infringes upon another's rights

Notice and procedure for making claims of copyright infringement


It is, and has always been, the intent of San Francisco Art Exchange LLC/SFAE.com to honor and protect the property rights of artists, contributors and associates whether in the form of intellectual property or tangible property. San Francisco Art Exchange LLC/SFAE.com asserts that we have acted in good faith in connection with intellectual property of all kinds on SFAE.com as a representative and purveyor of items from third parties on our website. San Francisco Art Exchange LLC/SFAE.com makes no representation as to our authority of any intellectual property made available to and through San Francisco Art Exchange LLC/SFAE.com for these purposes by any third party.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below. Please note that this procedure is exclusively for notifying San Francisco Art Exchange LLC/SFAE.com that you believe your copyrighted material has or may have been infringed. We will provide this information to the third party(ies) who have provided or otherwise offered the material to and through San Francisco Art Exchange LLC/SFAE.com with assertions and representations of their own title to copyrights in and to the same work(s) you claim are yours:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that you claim has been infringed upon;

  3. A description of where the material that you claim is infringing is located on the site, including the Item ID number, if applicable;

  4. Your address, telephone number, and e-mail address;

  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.