TERMS + CONDITIONS

1. The Site

The Site serves as a platform for the exhibition and sale of artwork and related items. All buyers must be at least 18 years old and legally able to enter into binding contracts under applicable law. You are responsible for all charges incurred under your account.

We may work with third-party service providers to facilitate purchases. We reserve the right to withdraw any Work from sale at any time without liability. Unless otherwise agreed in writing, Asheville Art & Print Co. is not liable to the buyer for the exhibition or sale of any Work on the Site.

2. Buyer’s Responsibility

When you purchase a Work, you agree to promptly pay the total amount due, which includes the purchase price, applicable taxes, and any service or processing fees. Payment may be made by wire transfer, credit card, or ACH transfer. Credit card and ACH transactions are limited to a total purchase price of $25,000. By paying via credit card, you waive any chargeback rights you may otherwise have under your cardholder agreement.

Payment is not considered complete until the total amount is received in cleared funds. Title to the Work transfers to you once physical possession has been delivered to you, your agent, or your designated carrier. Any claims related to the purchase must be made directly to Asheville Art & Print Co. We may pay commissions to third parties who assist in the sale process.

If you fail to meet your payment obligations, you will be in default, and we may, at our discretion:

  1. Hold you liable for the total amount due, including interest, commissions, and any legal or incidental costs.

  2. Cancel the sale (or other pending sales to you) and retain any payments made as liquidated damages.

  3. Resell the Work and hold you responsible for any shortfall plus all associated costs.

    By failing to pay, you grant Asheville Art & Print Co. a security interest in any funds or property we hold on your behalf, which may be applied to satisfy your obligations.

3. Taxes

You are responsible for all applicable taxes, including sales, use, VAT, GST, or other charges related to the purchase of a Work. If required by law, we will collect sales tax for Works delivered within the state where the Work is located. You agree to indemnify and hold Asheville Art & Print Co. harmless from any costs, including legal fees, resulting from your failure to pay required taxes.

4. Packing and Shipping

We are not liable for any acts or omissions by third-party packers, shippers, or carriers. Once the Work is handed over to the shipping provider, responsibility for its condition passes to you.

5. Disclaimer of Warranties

Except as expressly stated in a Certificate of Authenticity provided with a Work, Asheville Art & Print Co. makes no warranties or representations regarding the merchantability, fitness for a particular purpose, accuracy of description, condition, authenticity, provenance, rarity, importance, medium, exhibition history, or historical significance of the Work. All Works are sold “AS IS.”

No statements on the Site, invoices, or other documentation shall be deemed to create a warranty. Purchase of a Work does not grant copyright or reproduction rights.

6. Limitation of Liability

To the fullest extent permitted by law, Asheville Art & Print Co. will not be liable for special, indirect, incidental, or consequential damages — including, without limitation, lost profits, revenue, or use — arising out of or related to the sale or display of any Work, regardless of legal theory and even if we have been advised of the possibility of such damages.

7. Indemnification

You agree to indemnify, defend, and hold harmless Asheville Art & Print Co., along with its owners, affiliates, officers, employees, and agents, from any claims, losses, liabilities, or expenses (including reasonable attorneys’ fees) arising from your purchase of a Work, your breach of this Agreement, or your violation of any third-party rights.

We reserve the right to assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate fully with us.

8. Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of North Carolina and the United States, without regard to conflict of law rules. Any disputes shall be brought exclusively in the state or federal courts located in Buncombe County, North Carolina, and you consent to the jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

9. Other Terms

This Agreement constitutes the entire understanding between you and Asheville Art & Print Co. regarding the purchase of any Work through the Site and supersedes all prior agreements or communications.

No agency, partnership, joint venture, or employment relationship is created by this Agreement. If any provision is found to be unenforceable, the remainder shall remain in effect. Our failure to enforce any right does not waive our ability to enforce that right in the future. Section titles are for convenience only and do not affect interpretation.