TERMS & CONDITIONS

TERMS AND CONDITIONS

Last modified July 14, 2025

Please read these terms and conditions carefully before using our website and making purchases. By accessing and by using the website, you agree to be bound by the Privacy Policy above, and by these Terms and Conditions. If you do not agree to our Privacy Policy or to our Terms and Conditions, please do not use the website.

1. Agreement to terms

1.1 These Terms and Conditions constitute an agreement between you and Laure Brost Halliday in effect when using, purchasing from or otherwise engaging with  www.laurepainting.com (“I,” “Me,” “My,” “We,” “Us,”, “Our”) and any related applications and affiliated sites  (the Site).

1.2  The Site provides and online portfolio to show artwork and to purchase original art from the Site. You agree that by accessing the Site, and by using any or all of the Sites, you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not use the Site.

1.3 We may occasionally modify these Terms at any time, and any modifications will be effective immediately when I post them. Changes will be reflected in the date at the top of this document. You are responsible for reviewing modified terms. Your use of the Sites after changes to the Terms and Conditions means you accept and agree to any changes. The date at the top of the document is so that you may conveniently compare different versions and access the latest revision to determine what, if any changes, have been added. We reserve the right to withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you. You confirm, by using this Site, that We shall not be liable to you or any third party for any changes to or withdrawal of the Site.

1.4 You may not access or use the Site for any purpose other than that for which We make the Site and Our services available. The Site may not be used by you in commercial endeavors except for those specifically approved and endorsed by Us.

2. Acceptable Use and Intellectual Property

2.1  Laure Brost Halliday exclusively owns and controls the Sites. These provide information about My products and services, educational materials, and images and materials pertaining to My original paintings, commissions, fine art reproductions, and written content. You agree that use or access to any or all of the Sites does not, in and of itself, create any sort of representation or future promise.

2.2 All content and materials on the Site, including but limited to artwork, images, photos, logos, trademarks, and text are the exclusive property of Laure Brost Halliday and are protected by applicable copyright and intellectual property laws. Any unauthorized use, reproduction, or distribution of these materials is strictly prohibited. All copyright is retained by the artist, Laure Brost Halliday who owns all rights, title and interest in and to the Sites including, without limitation, graphics, Site content, design, organization, compilation, and other matters related to or included on the Sites. Laure Brost Halliday, Laure Painting, and Laure Painting Studio and all related names, product and service names, logos, slogans, and designs are my trademarks and you may not use them without my prior written permission. No part of the Site, Services, or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, fed into AI, or otherwise exploited for any commercial purpose whatsoever, without Laure Brost Halliday’s express prior written permission and attribution. The unauthorized use of, reproduction, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $100 per incident for any unauthorized use of our content, at the sole discretion of Laure Brost Halliday. All copyright is retained by the artist, Laure Brost Halliday. When granted permission by Laure Brost Halliday, you are permitted a limited and revocable license to print a copy or download a portion of the content to which you have properly gained access to through written permission from Laure Brost Halliday for your personal, non-commercial use.

2.3 Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Laure Brost Halliday either by permission or under section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and request the same from you. Users must obtain permission from any Third-Party Content before copying, distributing, or otherwise using those materials. Except as permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the permission of the copyright holder.

2.4 If you believe your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or violates your intellectual property rights, please contact me via email at hellolaure@laurepainting.com. Please provide a statement with the following:

a. Identification of what you consider infringement of copyright

b. Identify what you specifically claim is being infringed

c. Your contact information, or the relevant person to contact about the infringement

d. A statement that the persona submitting the complaint is doing so in good faith, believing that use of the material in the manner claimed is not authorized by the owner, its agent, or the law

e. A statement that the information in the complaint is accurate under penalty of perjury

f. An electronic or physical signature of the person submitting the complaint along with full name and date

g. If the person writing the complaint is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

3. Content

3.1 The content published on the Site is for general information only, and not intended to be advice on which you can rely, not should you. It is your responsibility to obtain professional or specialist advice before taking action or refraining from taking action on the basis of the content on the Site.

3.2 Anyone linking to our Sites must comply with applicable laws and must not misrepresent its relationship with nor present false or misleading information about Laure Painting or Laure Brost Halliday. In addition, the site linking to our Sites must not contain content that is reasonably considered profane, offensive, defamatory, vulgar or unlawful.

3.3 Care has been taken to show artwork and goods as accurately as possible with regard to size and color. The images you see online however will be different from the colors in real life, and even between different devices and browsers used to look at the Site. Any variation between the images represented and the actual artwork is not deemed a fault and is not Our responsibility.

3.4  There are places for you to post content to the Sites or send Us feedback (User Content.)  You understand and agree that in the Feedback form, you may specify where indicated that you wish to remain anonymous, or wish for only your initials to be used, or you grant permission for your name to be used, and your User Content may be viewed by others on the Site. In other instances, if you post comments, for example, you understand and agree, to other Users being able to see who has posted that User Content in comments.

3.5 You may find links to other websites on our Site. These links are provided as a convenience and not to show endorsement by Us. If you use any services or purchase any goods from third-party websites, you do so at your own risk. I disclaim any representations regarding the content and accuracy of any content or materials on third-party websites. You acknowledge and agree that Laure Brost Halliday shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with use of third-party websites and their content, materials, and goods. You agree that it is your responsibility to evaluate the accuracy and usefulness or value of any information, opinion, advice and more on other content available on third-party sites. Reach out to me if you have any questions about links.

4. Sales

4.1 If you purchase physical goods from our Site, our terms and conditions of sales will apply to the sales. Please see the purchase, shipping and return policies you agree to when purchasing art below:

4.2 Our Site offers may include but are not limited to Original Fine Art Paintings; Drawings; Commissions; Reproductions of Laure Brost Halliday Paintings, Photographs, Other Products and Goods, Online or in Person Workshops and Classes.

4.3 We strive to provide accurate and up-to-date information about our products, but we do not guarantee the accuracy, completeness, or reliability of any information on the Site. The images of artworks and products are for illustrative purposes only, and actual colors and appearances may vary.

4.3 All purchases made through the e-commerce store on the Site are subject to availability. Artwork or other goods listed may be withdrawn from sale at any point by the artist for any reason, for example, but not limited to, sale elsewhere, or the artwork being withheld for exhibition or display, or any other reason at the discretion of the artist, Laure Brost Halliday. We reserve the right to limit the quantities of any product and to discontinue any product at any time without notice.

4.4 Rights to Images and Artwork:

Laure Brost Halliday retains all rights to all artwork she has made, even if it has been purchased. When my artwork is purchased by a private of public collector, the collector receives the limited right to display the artwork in their place of residence or business. Laure Brost Halliday retains all rights to the image of all artwork including the rights of images of artwork sold and commissioned original artwork. Laure Brost Halliday further retains the right to make reproductions of any artwork She has created. Collectors of reproductions have the right to display the artwork in their home or business and have no other rights to the artwork or images of the artwork. All other uses must be agreed to in writing in advance by Laure Brost Halliday. If the collector wishes to retain all rights to a painting they have purchased, they must do so under separate contract with Laure Brost Halliday, as no rights beyond the right to display in the collector’s home or business are granted by the purchase of art from Laure Brost Halliday and the Site.

4.5 Ordering and Payment:

a. To place an order, you must be at least 18 years of age, or have the legal consent of a parent or guardian.

b. Prices for products are displayed in U.S. Dollars ($) and are exclusive of applicable taxes, shipping, and handling fees. The total price, including all applicable charges, will be displayed during the checkout process.

c. We accept various secure payment methods as listed during the checkout process. Please see the privacy policy and Terms and Conditions policy of these third party payment processing providers.

d. By providing payment information, you warrant that you are authorized to use the selected payment method. By using a third party to process your payment, I do not store your payment information. While I take reasonable measures to secure your data, the internet is not entirely secure, and we cannot guarantee the complete security of your personal information.

f. Orders are considered confirmed upon successful payment processing. We reserve the right to cancel any order, refuse service, or terminate accounts at our discretion.

4.6. Shipping and Delivery:

a. We ship products to the shipping address provided during the checkout process. It is your responsibility to ensure the accuracy and completeness of your shipping information.

b. Delivery times may vary based on your location and other factors beyond our control. While we make every effort to deliver products within the estimated time frame, we are not liable for delays or damages resulting from shipping carriers or caused by other issues arising that are beyond our control.

c. International customers are responsible for any customs duties, taxes, or import fees imposed by their respective countries. We are not responsible for delays at customs.

d. Shipping prices are calculated at check out. If you live in a country that cannot be accessed by the pulldown country menu, please contact me in person at hellolaure@laurepainting.com. Some shipping rates and times need to be calculated on an individual basis, depending on the country where you live. VAT, tariffs, and taxes fluctuate and can change at a moment’s notice, but we will do our best to make shipping possible whenever we are able.

e. I make every effort to pack and ship original paintings within 7 days of purchase. Within the U.S., I use reputable shipping agencies such as USPS, UPS or Fedex, etc. and deliveries usually arrive within 3-7 days of shipping. Please allow two weeks total from your order date for your painting to arrive. If you need priority shipping or accelerated service, please email me and we will see if it is possible to accommodate your timeline.

f. International orders take significantly longer to arrive, depending on your location. Email me with your address and the piece you would like to purchase, and I can give your shipping options. Shipments to places outside of the U.S may be subject to import duties and additional taxes, according to the laws of the destination country. Any additional charges are at your expense. We have no control over these charges and accept no responsibility for additional charges.

Most paintings are shipped on stretcher bars, unframed. All of my canvases are “gallery wrapped” which means that the edges of the canvas wrap over the front and are attached to the stretcher bars on the back. In this way, you see canvas, rather than stretcher bars, on the edges of the canvas. Many people like to hang their painting directly on the wall, without a frame, in this way. If you do wish to frame your painting before hanging, I recommend a “floating frame” so you can see all of the canvas surface.

The notable exception to this are a few paintings that are painted on board. These paintings on canvas board are not stretched across stretcher bars; the canvas is adhered directly onto the board and the board itself is slender. I specify the substrate (what kind of board or canvas the piece is painted on) in the description of the painting. If painted on board, rather than stretched canvas, the painting is slender and as such, requires framing before hanging. Contact me if you need additional photos to show the edges of the painting.

Large paintings (over 36” on the longest side) may be shipped rolled with the stretcher bars for a local framer to re-stretch, and I will let you know if this is the case. If you wish for your larger painting to be sent on stretcher bars, please contact me and I will give you a shipping quote to make sure the price for oversized shipping is acceptable to you.

Please inspect your painting carefully when it arrives. If you notice something is wrong, take photos and email me as quickly as possible (preferably the same day, but no later than three days after delivered) to let me know what happened, and see “Returns/Damaged in Transit” below.

4.7 Returns

I want you to be delighted with your new original artwork, so I offer a return agreement.

a. If a painting is not as you expected, you have 7 days to contact me by email and request a refund. Once a return has been agreed, you are responsible for safely packing and arranging return delivery using the same service I used to send you the package. If this is not possible, we will agree to the reputable service you use when we make the return agreement. You must insure the painting with the shipper. You must mail the painting within 14 days of our return agreement. Payment for insured return shipping using the service on which we have agreed is your responsibility. Once the piece has been safely returned in its original condition, I will refund your payment within 14 days of receiving the painting.

b. Damaged in Transit: I make every effort to carefully prepare your painting for shipment, which means extra care is given to each painting for it to be carefully and safely packed in a way that it will arrive to you undamaged. You will receive an email with tracking information once your painting has been mailed. In the rare instance that you do receive a work that has been damaged in transit, it is very important to immediately take photos of the box and the painting, so I can see the extent and details of the damage in question. Contact me within 3 days to let me know and give me details of the damage. Please attach the photos to your email. Damage incidents are rare and considered on a case by case basis. We will do everything we can to resolve this in a way that is mutually acceptable and find a way to get a painting you love into your home.

5. Data Security

5.1 We take all reasonable care, in so far as it is our power to do so, to keep the details of your order and payment secure. We use a secure external payment process. We cannot be held for any liability for any loss you may suffer if a third party procures unauthorized access to any data you provided when ordering from the website.

5.2 We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platforms to access the Site and you should use your own virus protection software.

5.2 Our Privacy Policy above sets out how we process any Personal Data you provide and we collect from you. By using the Site, you consent to such processing and you warrant that the data provided by you is accurate,

6. Disclaimer of Limitations of Liability

The Sites are provided on an “as is” and “as available” basis, without warranty of any kind. Laure Brost Halliday, and LaurePainting.com together with her affiliates, licensors, service providers, employees, agents (the “Released Parties”) specifically disclaim all warranties, expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. The Released Parties do not guarantee the reliability, accuracy, completeness, safety, timeliness, legality, usefulness, adequacy, or suitability of any of the information or content on the Sites. Accordingly, you agree to exercise caution, discretion, and common sense when using the Sites. The entire risk for the use of the Site and or services is borne by you. To the maximum extent permissible by applicable law, in no event shall the Released Parties be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising out of use of or inability to access or use the Sites, including, without limitation, damages for loss of goodwill, work disruptions, technological or computer failure or malfunction, or any and all other personal or commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. The Released Parties are not responsible for any liability arising out of postings or any materials linked through the Sites. Your sole remedy with respect to any claim arising out of your use of the Sites is to cease using the Sites.

7. Choice of Law and Venue

These terms are governed by the laws of the State of California without regard to any conflicting laws. For any dispute regarding these Terms or the Sites, you agree otherwise submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in San Diego, California.

8. Comments and Concerns

This website is operated by Laure Brost Halliday, PO Box 1033, Carlsbad, California, 92018, USA, and she can be reached at hellolaure@laurepainting.com. Feedback, comments, requests for technical support, clarification, and other communications relating to the Sites should be addressed to: hellolaure@laurepainting.com.

Thank you for visiting the Sites. I am so grateful for your interest and can’t wait to get a painting you love onto your wall.