Elaine Gleason Studio – Terms and Conditions of Sale

Effective Date: 01-January-2020

These Terms and Conditions (“Terms”) govern the purchase of artwork, decorative goods, and related services (“Products”) from Elaine Gleason Studio (“the Studio,” “we,” “us”) by any customer or buyer (“Client,” “you”). By purchasing from the Studio, you agree to be bound by these Terms. Any exceptions must be agreed to in writing.

1. Agreement to Terms

1.1. By placing an order, you confirm you have read, understood, and accepted these Terms in their entirety.

1.2. These Terms override any prior verbal or written agreements unless expressly stated otherwise in writing.

1.3. These Terms may be updated from time to time. The version in effect at the time of your purchase governs that transaction.

2. Payment and Shipping

2.1. All orders placed with Elaine Gleason Studio constitute a binding agreement to pay in full. The Studio typically begins production immediately upon order confirmation, in good faith reliance on this commitment.

2.2. Payment in full is required before shipment. Once an order is complete and ready to ship, an invoice will be issued if one has not already been paid. The Client is expected to pay promptly to release the shipment.

2.3. If payment is not received within 7 days of the shipment-ready notification, the Studio reserves the right to retain possession of the goods and begin assessing a finance charge of 8% annualized interest on the unpaid balance, calculated monthly.

2.4. If payment is still not received within 30 calendar days of the original invoice or notice of readiness, the Studio may pursue one or more of the following remedies: (a) assess late fees and interest, (b) send the account to collections, (c) pursue legal action for full recovery including production costs, interest, storage, attorney fees, and damages, and/or (d) cancel the order and retain any deposits paid.

2.5. Title and ownership of all goods remain with the Studio until payment is received in full.

3. Delivery, Damage & Claims

3.1. The Studio packages all artwork and goods with great care. If Products arrive damaged, we will replace or repair the item at no charge.

3.2. Claims regarding damaged or incorrect items must be made in writing within 8 calendar days of delivery.

3.3. Claims received after this period may not be honored.

4. Intellectual Property

4.1. All artwork, product designs, and descriptions are the intellectual property of Elaine Gleason Studio and are protected by U.S. copyright and trademark law.

4.2. Clients may not reproduce, modify, license, or distribute Studio materials without prior written consent.

4.3. Wholesalers or partners must use approved branding assets and imagery. Unauthorized use is strictly prohibited.

5. Confidentiality

5.1. All communications, order details, designs, pricing, and Studio operations are confidential.

5.2. You agree not to disclose or reproduce confidential information without prior written consent, unless required by law.

6. Wholesale Clients

6.1. Wholesalers and retail partners agree to represent the Elaine Gleason Studio brand in a professional and accurate manner.

6.2. This includes the use of approved product imagery, descriptions, and pricing structures as applicable.

6.3. Wholesale resale channels must be pre-approved in writing. Unauthorized resale may result in account termination.

7. Dispute Resolution & Arbitration

7.1. In the event of a dispute, both parties agree to resolve the issue through confidential binding arbitration under the rules of the American Arbitration Association (AAA), held in New Orleans, Louisiana.

7.2. Either party may seek equitable relief (e.g., an injunction) to prevent unauthorized use of intellectual property.

7.3. Class action waivers apply: disputes will be handled individually and not as part of a collective claim.

8. Governing Law

8.1. These Terms are governed by the laws of the State of Louisiana, USA, without regard to conflict of law principles.

8.2. Disputes shall be subject to the exclusive jurisdiction of Louisiana state or federal courts, unless resolved through arbitration.

9. Limitation of Liability

9.1. Elaine Gleason Studio is not liable for indirect, incidental, or consequential damages resulting from use or misuse of its Products.

9.2. The Client’s sole remedy for defective goods is repair or replacement.

10. General Provisions

10.1. These Terms constitute the full agreement between the Client and Elaine Gleason Studio.

10.2. No amendment is valid unless in writing and signed by both parties.

10.3. If any provision is found invalid, the remaining terms shall remain in effect.

By making a purchase, you acknowledge and accept these Terms in full.

For questions, please contact us at elaine@elainegleason.com.