Delivered in acid-free glassine sleeve. If framing, please be sure to use acid-free,  neutral ph mat board. 

Includes 1 - 2 week ground shipping within the continental US. For expedited delivery or shipping to other countries or to Alaska or Hawaii, please contact Tom Thoune at sugarphile@gmail.com

Refunds, returns and exchanges must be within 90 days of purchase. iPlease contact seller at: sugarphile@gmail.com 

TERMS AND CONDITIONS

Effective December 12, 2016

Please read these Terms carefully and make sure that you understand them before ordering any Artwork from this site. Print a copy of these Terms or save them to your computer for future reference.

To contact Tom Thoune, visit the Contact page or email sugarphile@gmail.com.

AGREEMENT

The purchase of Artwork from this website (tomthoune.com) constitutes an Agreement to the provisions below by both Tom Thoune (the Artist”) and the Buyer (“you”). These Terms constitute the entire Agreement between you and Tom Thoune.

This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the Artist which is not set out in these Terms.

THE ARTWORK

All images of Artwork on this site are for illustrative purposes only. Artwork may vary slightly from the web images. Although every effort has been made to display the colors accurately, the Artist cannot guarantee that your computer's display accurately reflects the color of the Artwork.

The depiction of any Artwork in frames or mats is for illustrative purposes only.

While upon request, the Artist will explain the condition of the Artwork at the time of the sale and provide any information in his possession about condition for which you may reasonably ask, the Artist is responsible for any subsequent deterioration of the Work, however occasioned, after the sale.

COPYRIGHT, REPRODUCTION AND USAGE

You are purchasing the Artwork, but not the right to produce copies of the Artwork. The Artist reserves all reproduction rights, including the right to claim statutory copyright, in the Artwork.

The Artwork may not be reproduced in any manner whatsoever without the express, written consent of the Artist. All approved reproductions shall bear the following copyright notice: "(c) Tom Thoune".

The copyright subsisting in all images and other materials produced for the sale of the Artwork is owned by the Artist and such images and materials may only be used with his permission.

The Artist will have the right to use such images in his own discretion after the sale of the Artwork.

During the period in which the Artwork is protected by copyright, the copyright remains with the Artist (or any person to whom that right has been assigned). (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.

PERSONAL INFORMATION

Any information obtained during the purchase transaction while on this website is not retained and will not be shared with third parties.

Please check with Paypal.com directly for their Privacy Policies and Terms of Use.

BUYERS

Buyers must be at least 18 years old to purchase Artwork from this site.

THE CONTRACT

Please take the time to read and check your order at each stage of the order process. 

After you place an order, you will receive an e-mail acknowledging that your order has been received. The Contract between you and the Artist will only be formed when you receive Shipping Confirmation for the Artwork.

AVAILABLITY

All Artwork is subject to availability.

If the Artwork is no longer available or there is an error in the price on our site, you will be notified by e-mail and your order will not be processed.

If you have already paid for the Artwork, the full amount will be refunded.

CANCELLATIONS AND REFUNDS

NOTE: This cancellation right does not apply in the case of Commissioned Artwork.

If you change your mind or for any other reason decide you do not want the Artwork, you can notify the Artist of your decision to cancel and receive a refund.

If the Artwork has already been shipped or delivered, you have a period of 30 (thirty) days in which you may cancel, starting from the day delivery of the Artwork is complete.

To cancel, you must send notification in writing via e-mail or by post to the addresses below. Keep a copy of your cancellation notification for your own records.

Refunds will be made using the payment method used to purchase the item.

You will receive a full refund of the price paid for the Artwork and any applicable delivery charges you paid for.

The refund due will be processed within 14 calendar days of the day on which you gave us notice of cancellation.

If the Artwork has already been delivered:

a) Artwork must be returned as soon as is reasonably practicable in its original packaging or equivalent;  b) You have a legal obligation to keep the Artwork in your possession and to take reasonable care of the Artwork while it is in your possession. C) Refunds will not be processed until Artwork is received by the Artist.

DELIVERY

Delivery is complete when the Artwork is delivered to the address you provided on Paypal.

The Artwork will be your responsibility from the completion of delivery.

Orders will be fulfilled as soon as reasonable, unless there is an Event Outside Control.

If it is not possible to fulfill delivery because of an Event Outside Control, you will be contacted by the Artist.

RISK OF LOSS AND INSURANCE

The risk of loss or damage to the Work and the provision of any insurance to cover such loss or damage shall be the responsibility of the Buyer upon receipt of the shipped Artwork.

Title shall pass to the Buyer upon receipt of the Artwork.

Should the Artwork be lost or damaged in shipping, you will be reimbursed for the full sales price.

Any damaged items must be returned to the Artist before a reimbursement is issued.

Any liability shall be limited to the price paid for the Artwork, plus shipping, if applicable.

PRICE OF ARTWORK AND DELIVERY

Artwork prices are listed on the website’s Shop page.

If prices change, the changes will not affect any order that has already been purchased and/orshipped.

The price of Artwork includes delivery, unless otherwise stated on the website or unless other arrangements have been made directly with the Artist.

If there is  an error in the price of the Artwork you have ordered, you will be informed of this error and given the option of continuing to purchase the Artwork at the correct price or cancelling your order. Your order will not be processed until you have provided your instructions.

If the Artist is unable to reach you using the contact details you provided during the order process, the order will be treated as cancelled and you will be notified in writing.

Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, the Artwork does not have to be provided to you at the incorrect (lower) price.

PAYMENT

You can only pay for Artwork using Paypal at this time.

Payment for the Artwork and all applicable delivery charges are due in advance.

LIABILITY

The Artist will under no circumstances whatever be liable to you under or in connection with this Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.

Except as expressly stated in these Terms, the Artist does not give any representation, warranties or undertakings in relation to the Artwork. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

EVENTS OUTSIDE CONTROL

Tom Thoune will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Artwork to you, a new delivery date will be arranged with you after the Event Outside Control is over.

REVISION OF TERMS

These Terms may be revised to accommodate: a) changes in how payments are accepted; b) any changes in the business; or c) changes in relevant laws and regulatory requirements.

Each time you order Artwork from this site, the Terms in force at that time will apply to the Contract. When Terms are revised, a notice will be posted at the top of this page, along with the relevant date.

COMMUNICATIONS

When "in writing" is used in these Terms, this includes e-mail.

If you wish to contact the Artist in writing, or if any clause in these Terms requires you to provide notice in writing, you can e-mail: sugarphile@gmail.com or snail mail to Tom Thoune, 2015 8th Street, Charlotte, NC 28204. The Artist will confirm receipt by contacting you in writing, typically by  e-mail.

If the Artist needs to contact you or provide notice in writing, he will do so by e-mail or by pre-paid post to the address you provided in your order.

Please note that any notices by the Artist or the Buyer will be deemed received and properly served immediately when posted on this website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

OTHER IMPORTANT TERMS

You may only transfer your rights or your obligations under these Terms to another person if you and the Artist agree in writing.

This contract is between you and the Artist. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If the Artist fails to insist that you perform any of your obligations under these Terms, or if he does not enforce his rights against you, or if he delays in doing so, that will not mean that he has waived his rights against you and will not mean that you do not have to comply with those obligations.

If the Artist does waive a default by you, he will only do so in writing, and that will not mean that he will automatically waive any later default by you.

These Terms are governed by U.S. law. This means a Contract for the purchase of Artwork through this site and any dispute or claim arising out of or in connection with it will be governed by U.S. law.

GENERAL QUERIES AND COMPLAINTS

Please contact Tom Thoune directly for all questions, complaints and issues.

Email:  sugarphile@gmail.com

Address:  2015 8th Street, Charlotte, NC 28204

Phone:  +1 (704) 450-0898