Terms of service
Terms of Service
Overview
This website is operated by ByBlackshear. Throughout the site, the terms “we,” “us,” and “our” refer to ByBlackshear.
ByBlackshear provides this website, including the information, content, features, products, and services available through the site, subject to your acceptance of these Terms of Service and any other policies referenced on the website.
By visiting our website, using its features, or purchasing something from us, you agree to be bound by these Terms of Service.
Please read these Terms carefully before accessing or using the website. If you do not agree with these Terms, you should not use the website or purchase products through it.
Our online store is hosted by Shopify Inc., which provides the ecommerce platform that allows us to offer products and services to you.
1. Online Store Terms
By using this website, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have permission from a parent or legal guardian where required.
You may not use our website, products, content, or services for any unlawful or unauthorized purpose.
You may not use the website in a manner that violates applicable laws or infringes upon the intellectual property or other rights of ByBlackshear, Thomas Blackshear II, or any third party.
You must not knowingly transmit viruses, malicious code, or other material intended to interfere with the operation or security of the website.
2. General Conditions
We reserve the right to refuse service, cancel an order, limit quantities, or restrict access to the website when reasonably necessary, including in cases involving suspected fraud, abuse, unauthorized resale, unlawful activity, or violation of these Terms.
You agree not to reproduce, duplicate, copy, sell, resell, exploit, scrape, or commercially use any portion of the website or its content without prior written permission, except as permitted by applicable law.
The headings used in these Terms are provided for convenience and do not limit or otherwise affect the meaning of these Terms.
3. Website Information
We make reasonable efforts to keep information on the website accurate and current. However, errors, omissions, or outdated information may occasionally occur.
Certain portions of the website may contain historical information about Thomas Blackshear II, past artwork, previous projects, exhibitions, products, or other matters. Historical information is provided for informational and archival purposes and may not reflect current availability.
We reserve the right to correct or update information at any time, subject to applicable law.
4. Prices and Availability
Prices, product availability, edition availability, and other product information are subject to change without notice.
Certain artwork and products may be produced in limited quantities or limited editions and may become unavailable without notice.
Adding an item to a cart does not guarantee its availability until an order has been successfully completed and accepted.
We reserve the right to discontinue any product or offering at any time.
5. Artwork and Product Representation
We make reasonable efforts to display artwork, products, colors, dimensions, materials, and other details as accurately as possible.
However, colors and visual appearance may vary depending on your device, monitor, lighting, or display settings.
Product photographs may show artwork or products in settings, displays, frames, or environments that are not included with the purchase. Unless specifically stated on the applicable product page, accessories, framing, display materials, or other pictured items should not be assumed to be included.
Customers should review the applicable product description before placing an order.
6. Signed, Numbered, and Limited-Edition Artwork
Certain artwork sold through ByBlackshear may be signed, numbered, issued as part of a limited edition, accompanied by a Certificate of Authenticity, or otherwise offered as a collectible work.
Edition sizes, dimensions, materials, presentation, and included documentation may vary by artwork and will be described on the applicable product page when available.
Signed, numbered, and limited-edition artwork is generally considered final sale except in cases involving damage, defect, an incorrect shipment, or another circumstance covered by our Refund Policy.
For complete terms, please review our Refund Policy:
https://byblackshear.com/policies/refund-policy
7. Orders and Billing Information
We reserve the right to refuse, limit, or cancel an order.
This may include orders that appear to have been placed fraudulently, in error, for unauthorized resale, or in quantities that we determine cannot reasonably be fulfilled.
If we change or cancel an order after it has been submitted, we may attempt to notify you using the email address, telephone number, billing address, or other contact information provided with the order.
You agree to provide current, complete, and accurate purchase, billing, shipping, and contact information.
You are responsible for reviewing your order information before completing checkout.
8. Payment
Payment must be successfully authorized before an order can be processed.
Payment processing may be provided by Shopify or other third-party payment providers. Your use of those services may also be governed by the applicable provider’s terms and privacy practices.
We do not guarantee that every payment method will be available for every customer, transaction, or location.
9. Shipping and Delivery
Processing times, shipping methods, rates, and delivery estimates may vary depending on the product, destination, and shipping method selected.
Delivery estimates are not guarantees. Carrier delays, weather, customs processing, holidays, or other circumstances outside our control may affect delivery.
Customers are responsible for providing an accurate and complete shipping address.
For complete information regarding processing, shipping, international orders, damaged packages, lost shipments, and delivery issues, please review our Shipping Policy:
https://byblackshear.com/policies/shipping-policy
10. Returns, Refunds, and Cancellations
Because many products offered through ByBlackshear are signed, numbered, limited-edition, or otherwise collectible works, return eligibility may be more limited than ordinary retail merchandise.
Signed, numbered, and limited-edition artwork is generally final sale except where an item arrives damaged, defective, incorrect, or materially different from the item ordered, or where another exception is approved by ByBlackshear.
Cancellation requests should be submitted as soon as possible. Cancellation cannot be guaranteed after processing or fulfillment has begun.
ByBlackshear may choose to make exceptions in individual customer-service circumstances at its discretion. An exception in one situation does not alter the general policy or create an obligation to make the same exception in another situation.
For complete terms, please review our Refund Policy:
https://byblackshear.com/policies/refund-policy
11. Intellectual Property
Unless otherwise stated, artwork, images, illustrations, designs, text, logos, graphics, photographs, video, and other content appearing on this website are owned by or used with permission by ByBlackshear, Thomas Blackshear II, or the applicable rights holder.
Purchasing an artwork, print, product, or other physical item does not transfer copyright, reproduction rights, licensing rights, or other intellectual-property rights in the underlying artwork unless expressly agreed to in writing.
You may not reproduce, distribute, publish, modify, sell, license, commercially exploit, create unauthorized derivative products from, or otherwise use protected artwork or website content without appropriate permission.
Nothing on this website should be interpreted as granting a license or right to use any trademark, artwork, image, or other intellectual property except as expressly permitted.
12. Third-Party Services and Links
The website may contain links to third-party websites or use third-party tools, services, apps, payment systems, social platforms, or other technologies.
We do not control third-party websites or services and are not responsible for their content, availability, security, accuracy, policies, or practices.
Your use of third-party websites or services is subject to their respective terms and policies.
13. User Communications and Submissions
If you submit a message, review, comment, suggestion, photograph, or other material to ByBlackshear, you represent that you have the right to submit that material and that doing so does not violate applicable law or the rights of another person.
You may not submit unlawful, threatening, abusive, defamatory, obscene, fraudulent, infringing, malicious, or otherwise inappropriate content.
Unless otherwise agreed, submitting ideas, concepts, artwork proposals, or other unsolicited creative material does not create a confidential, fiduciary, employment, partnership, or compensation obligation on the part of ByBlackshear or Thomas Blackshear II.
14. Personal Information
The collection and use of personal information through the website is governed by our Privacy Policy.
Please review the Privacy Policy here:
https://byblackshear.com/policies/privacy-policy
15. Errors, Inaccuracies, and Omissions
Occasionally, information on the website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, dimensions, pricing, availability, edition information, promotions, shipping charges, transit times, or other matters.
We reserve the right to correct errors, update information, or cancel an affected order where reasonably necessary, subject to applicable law.
If an error materially affects an order you have already placed, we will make reasonable efforts to contact you and determine an appropriate resolution.
16. Prohibited Uses
You may not use the website or its content:
- For any unlawful purpose
- To violate applicable laws or regulations
- To infringe intellectual-property or other legal rights
- To impersonate another person or provide fraudulent information
- To transmit malware or malicious code
- To interfere with the security or operation of the website
- To collect personal information about others without authorization
- To engage in unauthorized scraping, automated extraction, or exploitation of website content
- To engage in fraud, harassment, abuse, threats, or other unlawful conduct
We reserve the right to restrict or terminate access for violations of these Terms.
17. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the website and its services are provided on an “as is” and “as available” basis.
We do not guarantee that access to the website will always be uninterrupted, timely, secure, or error-free.
Nothing in these Terms excludes warranties, rights, or remedies that cannot legally be excluded under applicable law.
18. Limitation of Liability
To the fullest extent permitted by applicable law, ByBlackshear and its owners, affiliates, representatives, contractors, service providers, suppliers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from the use of the website, services, or products.
Where applicable law does not allow a particular exclusion or limitation of liability, our liability will be limited only to the extent permitted by law.
Nothing in these Terms is intended to exclude liability that cannot lawfully be excluded.
19. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless ByBlackshear and its owners, affiliates, representatives, contractors, suppliers, and service providers from claims, liabilities, damages, losses, and reasonable costs arising from your violation of these Terms, your unlawful use of the website, or your violation of the rights of another party.
20. Severability
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law and will be severed if necessary.
The remaining provisions will continue in full force and effect.
21. No Waiver
If ByBlackshear does not immediately enforce a provision of these Terms, that does not waive our right to enforce the provision later.
Any discretionary exception made for a customer or transaction does not waive these Terms or require the same exception in another situation.
22. Changes to These Terms
We may update these Terms of Service from time to time by posting a revised version on this website.
The version posted on this page will be the current version.
Your continued use of the website after changes are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.
23. Other Store Policies
These Terms incorporate the policies referenced throughout the website, including:
Refund Policy
https://byblackshear.com/policies/refund-policy
Shipping Policy
https://byblackshear.com/policies/shipping-policy
Privacy Policy
https://byblackshear.com/policies/privacy-policy
If a more specific store policy addresses a particular issue, that policy should be read together with these Terms.
24. Contact Information
Questions regarding these Terms of Service may be directed to: