Terms Of Service

OVERVIEW

Throughout this website and the Terms, “we”, “us”, and/or “our” will refer to Mark Lobert and/or Mark Lobert Studio, and/or Mark Lobert Gallery. “You”, “purchaser”, “client”, and/or “customer” refer to those persons seeking information about Mark Lobert Studio and/or Mark Lobert Gallery, and/or those purchasing artwork from Mark Lobert. These terms set the conditions for both online and in-person engagement of Services.

Mark Lobert Studio owns and operates all content on this website, including the domain itself.
By visiting our site and/or purchasing works from the site, you engage in our “Service” and agree to be bound by our Terms of Service. These terms include those posted on our website directly, and those terms linked to the site via hyperlink or reference.

You can review the most current version of the Terms of Service at any time on this page. Terms are subject to change at the discretion of Mark Lobert.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 1 - GENERAL CONDITIONS

We reserve the right to refuse or limit service to anyone for any reason at any time, be it online or in-person exchanges.

We reserve the right to modify the contents of this site at any time for purposes of convenience, accuracy, significance, priority, or for legal purposes.  We have no obligation to update any information in any given timeframe. New tools and content on this site are bound to current versions of the Terms once made publicly accessible on the site.

SECTION 2 - ONLINE STORE TERMS

Our store is hosted by Shopify Inc. which provides us with an e-commerce platform to make our items available for sale online. Mark Lobert has agreed to the terms and conditions of Shopify.

Your credit card information is always encrypted during transfer over networks. We do not store your credit card information. By purchasing products and/or services from marklobertgallery.com, you are doing so as the cardholder or account owner by which you are making the purchase, or have evidence of authorisation to make a purchase from the cardholder or account owner by which the purchase was made.

Prices are subject to change at the discretion of Mark Lobert. Some prices or discounts found or promoted on/by third-parties or third-party websites may not be honoured at checkout if they conflict with our Terms, Service, and/or are unauthorised, unlawful or unethical.

We cannot be held responsible for damages or misinformation if Mark Lobert or marklobertgallery.com falls victim of cyber attack - including but not limited to the spread of viruses.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

This site is not intended for reference or educational purpose, as such information may not be accurate, complete or current. While Mark Lobert Galleries endeavours to share information pertaining to purchaser welfare, information (especially that of low-priority) may not be easily accessible at all times. The material on this site is provided for general information only and should not be relied upon or used as the sole source of knowledge. Contact Mark Lobert directly to confirm current information.

You are responsible for understanding, seeking understanding, or cross-referencing information.

SECTION 4 - PRODUCTS AND SERVICES

We have made every effort to display as accurately as possible the colors and images of our products that appear in the online store. Some saturation or rasterization difference is to be expected between tangible products and virtual/online display. We cannot guarantee that your computer monitor's display of any color will be accurate, or even similar to other displays.  

All descriptions of products or product pricing are subject to change at anytime without notice and at our discretion.  We reserve the right to discontinue any product and/or service at any time. We reserve the right to alter products and/or services at any time. We reserve the right to change prices or discounts at any time.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

Certain products or services may be available exclusively through this site. These exclusive products or services may have limited quantities and may be unavailable at time of purchase. Mark Lobert will endeavour to refund or reschedule purchases of unavailable products and/or services as quickly as possible. These products are subject to return or exchange only according to our Return Policy.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service can be corrected in your expected timeframe.

You will be notified (via the contact information provided by you, or found on your account) if your purchase order cannot be complete. Please reference our Refund Policy for more details about your options.

SECTION 5 - BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase, account, and contact information for all purchases made at our store. You agree to promptly update your information for your transaction/purchase to be completed. .

SECTION 6 - OPTIONAL TOOLS

Some tools (such as easels and hangers used for display) may not be property of Mark Lobert depending on the exhibit. Tools such as these (borrowed or not)  are considered “optional” or “third-party”. Mark Lobert cannot guarantee the quality or aesthetic of these tools and cannot be liable for damages or upholding the warranty, nor is he required to provide them.  

SECTION 7 - THIRD-PARTY LINKS

Third-party links on this site may direct you away from marklobertgallery.com. While we endeavour to only link to quality content, we cannot be responsible for the accuracy or origins of those sites linked here. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - PRIVACY, PERSONAL INFORMATION AND USER POSTS

The information you share on this site (not including banking or credit card details) may be transferred unencrypted. These transfers may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. This includes the copying of your information to our invoices, general file-keeping, or sharing information for legal purposes such as debt collection. We do not sell or share your personal information to unrelated businesses for profit or other gains.

Users should be aware that the comment section on this site is public, and anonymity should not be expected. In the interest of your privacy, please use direct messaging or email when contacting Mark Lobert about purchases, refunds, and delivery.  

Comments, feedback and other submissions may be reviewed by Mark Lobert’s staff/assistants/associates, and not just Mark Lobert himself. Privacy is a priority of the Mark Lobert Team.  

We aspire to facilitate open-minded and welcoming discussion within our online communities. We are under no obligation to monitor, edit, or remove content deemed offensive, however we do maintain the right to do so, especially in instances that appear to be unlawful or abusive towards users/groups. We are not responsible for the actions or consequences of individuals within our online community (including posts/reviews/comments/messages).

Some posts from Mark Lobert on this and other third-party sites (such as facebook) may request comments/shares/online submissions as conditions of entry in a give-away, sweepstakes or contest. To be a winner in these circumstances, these conditions must be met. Conditions for entry may vary, but will be posted by Mark Lobert. Users should not rely on information posted by other Purchasers, and should instead reference the Terms or Mark Lobert personally.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Mark Lobert creates quality paintings. In the unlikely occurrence that paint chips or begins to peel, Mark Lobert will repair the damage. Refer to the Refund and Exchange policy to trade in the painting for something of equal value. These exchanges are at the discretion of Mark Lobert and you may not qualify.

Every piece of artwork is unique, and differences in content or quality are to be expected, even after exchange or requests for touch-ups to works. Mark Lobert is not responsible for the effect these differences have on your exhibition, home value, business, or revenue.

SECTION 10 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at mark@marklobertstudio.com