Terms of Purchase

Last Updated 11/4/2024.

Thank you for your support and interest in Merrill Weber Art LLC. I am so thankful to have you as a part of my community!

Please review these Terms of Purchase very carefully.  By purchasing my products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access my products and/or services.

General Purpose. These Terms are between you (“Purchaser,” “you,” “your”) and Merrill Weber Art LLC (“Company,” “me”) for the purpose of purchasing or otherwise obtaining goods (our “Products”) whether through my website at merrillweber.com or any related domains or subdomains (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.” 

By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions (the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Applicability. These Terms are the only terms that govern how I provide my Products to you.  These Terms:

  • Together with your order confirmation (“Order Confirmation”), make up the entire agreement (collectively, this “Agreement”) between you and the Company, and supersede all others, both written and oral, regarding the purchase, sale, and delivery of any Services and the use of the Website.  In the event of any conflict between these Terms and the Order Confirmation, these Terms will govern.

  • Will prevail over any terms and conditions submitted by you with a request for proposal, order, or in any other manner.  Providing Products to you does not mean that we, in any way, accept your terms and conditions, nor will it amend or modify these Terms.

Scope of Products. Our Products include but are not limited to: original paintings, fine art prints, greeting cards, tote bags, and small gifts. I agree to provide Products to you as described in the Order Confirmation.

Product Delivery. When you make a purchase and submit your payment, you will be provided with the Products as detailed on the Website that you selected prior to purchase. Please note that product delivery will differ based on when you make your purchase. For more information, please refer to your receipt of purchase delivered by email. 

I may ship the Products listed on the Order Confirmation individually based on availability.  Each shipment will constitute a separate sale, and you will be responsible for paying for each Product shipped whether the shipment is a full or partial order fulfillment.

If I am unable to deliver the Products because of your failure to provide appropriate instructions, address(es), documents, or authorizations: (i) any Product loss will become your responsibility; (ii) the Products will be considered delivered; and (iii) I may, at my discretion, store the Products until you pick them up with Purchaser being liable for all related costs and expenses.

Non-Delivery. The number of Products as recorded by Seller upon dispatch of the Order is evidence of the quantity received by the Purchaser upon delivery. Seller is not liable for any non-delivery of Products unless Purchaser gives written notice to Seller of the non-delivery within 7 days of the date when the Products would in the ordinary course of business have been received. Any liability of Seller for non-delivery of the Products shall be limited to the cost actual quantity of Products that were not delivered. Seller has no liability beyond that cost.

Merchandise Availability. I cannot guarantee merchandise availability on my Website as it may be low in stock.  I will notify you by email if merchandise is not available at the time your order processes. You can confirm availability by emailing me at hello@merrillweber.com.

Sales Price. The price of my Products is the price indicated on the Order Confirmation (the “Sales Price”).  If no price is included on the Order Confirmation, the Sales Price is the price published on the Company’s website as of the date reflected on the Order Confirmation. I reserve the right to cancel full and partial orders due to pricing errors in store presentation. Unless otherwise indicated, all Fees are in USD.

Promotions + Discounts. I may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase my Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. I reserve the right to change or alter any Promotions at any time and at my sole discretion. If you made a purchase of my Products prior to any associated Promotions, I am unable to honor the new offer or issue a partial refund in the form of cash or store credit.

Payment + Billing. By providing the Company with your preferred payment method, you represent and warrant that you: 

  • Are authorized to use that payment method (the “Authorized Payment Method”)

  • Authorize the Company to charge your Authorized Payment Method for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”)

  • Grant to me the right to provide information necessary to process payment through your Authorized Payment Method to third parties to facilitate the transactions initiated by you or on your behalf

  • Agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when those charges are incurred including but not limited to all shipping and handling charges and applicable fees and taxes.

  • Authorize me to charge your payment method for any Products received in connection with any limited time trial-period offer if you do not cancel the offer and/or return the Products on or before the last day of the trial period.

Transactions. I reserve the right to refuse or cancel any order you place on the Website for any reason, including for pricing errors as described in the Sales Price section of these Terms. I reserve the right to limit order quantities by Purchaser, payment method, and/or billing or shipping address.  I reserve the right to prohibit the purchase of any of my Products to resellers, distributors, and dealers.

Error in Store Presentation. I strive to present information that is published correctly and update the Website regularly in a way that allows me to correct any resulting errors.  However, any of the content on the Website may, at any given time, be incorrect or out-of-date. I reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.  While I try to accurately display the colors of products, the colors you see may not be accurate depending on your monitor and/or mobile device.

Inspection of Nonconforming Products. Although I do my best to ensure that you receive the Products you ordered, there is a chance you could receive a different product than what is listed on the Order Confirmation, or a product with contents that do not match what is described on its label or packaging (“Nonconforming Products”).  You should inspect the Products within 7 days of receiving them (“Inspection Period”). You will be considered to have accepted the Products unless you notify me in writing of any Nonconforming Products by the end of the Inspection Period and provide documented evidence as required by the Company. If you notify me of any Nonconforming Products during the Inspection Period, I may at my sole discretion and as your exclusive remedies, (i) replace the Nonconforming Products with conforming Products, or (ii) issue a credit or refund for the Sales Price. If I decide to replace the Nonconforming Products, you may be responsible for any shipping and handling fees. 

Warranty Policy. Products manufactured by a third party (“Third Party Products”) may contain, be packaged together with, packaged or contained in, incorporated into, or constitute the Products.  I am providing the Products and any Third Party Products on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms.  

Returns + Exchanges. 

Every order is handled with care and as much clarity and transparency as possible.  My goal is for you to be completely thrilled with your purchase.  Please read below to see how I can help you.

All sales of original artwork are final. If you wish to return a reproduction print, a restocking fee amounting to 20% of the print cost will be applied. I am more than happy to exchange a print, card, tote, or apron (“Artwork Merchandise”) for you, though the 20% restocking fee for the Artwork Merchandise will still be applied.

I accept Artwork Merchandise returns and exchanges within seven days of receipt. If you do not reach out within seven days, I will be unable to make a return, so please be prompt!  Please note the above restocking fee.  

I will ship your replacement artwork and / or issue a refund only after receiving your return and communication.  Contact me here

I ask that you return your print in the original packaging. If you do not have the original packaging, please go to the post office and purchase a stiff mailer or a sturdy tube, as well as postage. I will not provide you a refund for artwork that is damaged in transit back to the studio due to poor packaging. I am unable to restock and sell damaged prints, so please make sure you package your print with care!

I am not liable for any mishandling or failed delivery by the shipping service (USPS or UPS), and I am not liable for any damage incurred post-delivery. I work hard to package each order with care in sturdy flat mailers and tubes so that it arrives undamaged, and I suggest you handle your new artwork with care when framing and stretching. Please be kind when reaching out and remember that I do not run the post office or UPS, and I have no control over the treatment of your package in transit! It’s just as much of a bummer for us to see damaged prints as it is for you to receive them.

That being said, this is how I typically handle situations that fall outside of my control:

Damaged Artwork Merchandise: I am happy to replace your Artwork Merchandise order at no extra cost to you if your Artwork Merchandise is damaged in transit. I ask that you return the Artwork Merchandise to my studio, either in the original packaging or in sturdy packaging purchased at your local post office. I am unable to replace, for free, any Artwork Merchandise damaged after delivery, so please place your purchase in a place away from possible water or heat damage, and handle the Artwork Merchandise with care.

Not Delivered / Lost / Stolen: If your package is marked “Delivered” and yet is nowhere to be found on your doorstep, please first check your confirmation email to ensure that you input the correct shipping address. I am unable to replace any Artwork Merchandise order for free if the shipping address is incorrect. This does happen occasionally, and it is not uncommon to have the package returned here to the studio. If that is the case, I am more than happy to forward it to your correct address, though I ask that you pay for the postage. If the address is correct and you believe your package to have been lost or stolen, you must contact the shipping service personally. Unfortunately, there isn’t anything I can do on my end, so I am unable to address any failed delivery or theft issues directly. I am unable to replace any Artwork Merchandise order for free that has not been delivered, lost, or stolen.

Satisfaction with Product: Please take the time to read descriptions carefully and check the colors on multiple screens if you are concerned about color variations. I try my best to represent the colors and tones in my work honestly and clearly. I am happy to exchange your print for another that will work better in your space! Please see above for my exchange policy.

Please contact me if you have any questions about your order, and I will work with you to sort out any issues!

All artwork is the sole property of Merrill Weber Art LLC and is held under copyright. The images, artwork, and contents of this website may not be copied, collected, or used for personal or professional gain without the written permission from Merrill Weber. All images of artwork, sold or otherwise, are retained by Merrill Weber.

Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. I have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute. 

Intellectual Property. The Company owns and retains all rights, titles, and interests in and to the Products.  Nothing in these Terms transfers any intellectual property ownership, and I reserve all rights not expressly granted to you. Altering or modifying the Products in any way does not grant you intellectual property ownership or the right to market or sell the altered or modified Products.

Consent to Use. You are welcome to give me comments and feedback pertaining to my Website, my Products, and my Company, however, I can not receive any confidential or proprietary information.  Therefore any reviews, images, comments, testimonials, feedback, ideas, suggestions, information, offers, tags, and other disclosures submitted to me through my Website or otherwise (collectively, “Submissions”) are by default not confidential.  You hereby grant me an unrestricted, irrevocable, perpetual, fully-paid, royalty-free commercial license and voluntarily release me to use your Submissions in any manner for any future business use. In doing so, I may use your name and photo  along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on my Website, marketing materials, guides, and any other platform not expressed in these Terms.

User Content. Certain features of the Website may allow you to submit messages, post reviews, upload images, videos, folders, or other data, and otherwise publish content to the Website (“User Content”).  I may interact with you through third-party platforms, websites, communication services, and media channels including but not limited to Facebook, Instagram, and Twitter (“Social Media Assets”), as well as my Website (collectively, “Communication Platforms”).  You understand and agree that:

  • Any content you submit to my Communication Platforms will be considered User Content

  • Your User Content will not contain libelous or otherwise unlawful, profane, abusive, or obscene material, or any computer virus or other malware

  • I have the right but not the obligation to modify or delete User Content that I deem in my sole discretion to be abusive, unlawful, illegal, defamatory, libelous, obscene, or objectionable to us. 

  • You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead me or third parties as to the origin of your User Content

  • You are solely responsible for your User Content and the consequences of providing User Content via my Communication Platforms

  • I take no responsibility and assume no liability for any User Content posted by you or any third-party

By providing User Content via my Communication Platforms, you are stating that nothing in your User Content or its use by the Company (i) infringes on the rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right; (ii) slanders or defames any other person; (iii) would cause me to violate any law or regulation or otherwise cause me any liability by its use

Age Limitations. You must be at least 13 years old to use my Website. By submitting payment or otherwise enrolling through the Website, you are stating that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products, and that you have given me your consent to allow your minor dependents to use this Website.

Changing Terms. I reserve the right to update and revise these Terms at any time without notice to you.  Your continued use of the Products and Website after I have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

Privacy + Protection of Personal Information. I respect your privacy and am committed to protecting it.  I may use certain information that I collect from you to operate Merrill Weber Art LLC and provide my Products.  Please review my Privacy Policy to understand the types of data I collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how I use your Data.

Termination of Use. I may terminate your account or restrict your use of the Website at any time for any reason.  Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The Company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.

Limitation of Liability. The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. 

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.

Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Pennsylvania. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Choice of Law. These Terms and the Parties’ relationship are governed by the laws of the State of Pennsylvania. In the event of conflicting laws, the laws of the State of Pennsylvania will control.

Notices. I may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Merrill Weber Art LLC 20 E. Bridge Street, Studio 101, Spring City, PA 19475. Notices provided by certified mail will be effective upon actual receipt of the notice.

Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, I am not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer + Assignment. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company. 

Force Majeure. To the extent that any failure or delay in delivery of the Products under these Terms is caused by or results from acts or circumstances beyond my reasonable control, I will not be liable or responsible to you and the same will not be considered a breach of these Terms.  Such acts or circumstances beyond my reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.