TERMS OF SERVICE & CUSTOMER AGREEMENT

Art Scene West LLC  |  artscenewest.com

Last Updated: May 15, 2026

By using this website or making a purchase, you agree to the following terms.

1. ABOUT THIS AGREEMENT

Welcome to Art Scene West ("Art Scene West," "Gallery," "We," "Us," "Our"), an online gallery and marketplace operated by Art Scene West LLC, accessible at artscenewest.com (the "Website"). By visiting, browsing, or making a purchase on this Website, you ("Customer," "User," "You," "Your") agree to be bound by these Terms of Service and Customer Agreement ("Agreement").

If you do not agree with any part of this Agreement, please discontinue use of the Website. No visitor is required to make a purchase or engage in any transaction against their will. All purchases and interactions with Art Scene West are made at the sole and voluntary discretion of the Customer.

Art Scene West LLC is a limited liability company. The name Art Scene West and all associated logos are trademarks of Art Scene West LLC. This Agreement governs your use of the Website and any transactions you engage in with us.

2. HOW OUR GALLERY WORKS

Art Scene West is an online gallery and marketplace representing original artwork created by a curated roster of independent artists ("Artist" or "Artists"). We act as the exclusive sales agent for the artwork displayed on our Website. Artwork listed on artscenewest.com is owned by the Artist and is either 1.) in the possession of the Gallery or 2.) in the possession of the Artist until it is sold and shipped to the buyer.

We represent the artwork on our Website to the best of our ability based on information provided to us by the Artist. However, Customers acknowledge and agree that:

  • Photographic representations of artwork on our Website may not perfectly reproduce the original due to variations in screen resolution, color calibration, and lighting conditions.

  • Dimensions, materials, and other details listed are provided by the Artist and are approximations. Minor discrepancies may exist.

  • Art Scene West is not responsible for inaccuracies in artwork descriptions resulting from information provided to us by Artists, though we make every effort to ensure accuracy.

For all questions and communications regarding artwork displayed on our Website, Customers must contact Art Scene West directly through our Contact Form or at info@artscenewest.com. Customers agree not to attempt to contact Artists directly. This policy exists to protect our Artists from unsolicited communication and to ensure all inquiries are properly managed on their behalf.

3. INTELLECTUAL PROPERTY

Artwork and Artist Content

All artwork images, artist biographies, statements, and related content provided by Artists and displayed on artscenewest.com remain the intellectual property of the respective Artist. The sale of a physical artwork does not transfer copyright or reproduction rights to the buyer unless explicitly agreed upon in writing. No artwork image or Artist content found on this Website may be downloaded, reproduced, distributed, or used for any private or commercial purpose without prior written permission from the Artist, obtained through Art Scene West at info@artscenewest.com.

Gallery Content

All content on artscenewest.com not directly provided by Artists or 3rd parties— including but not limited to website design, graphics, logos, exhibitions, promotional materials, articles, blogs, interviews, and events — is the exclusive property of Art Scene West LLC. No such content may be used, reproduced, or replicated in any form without prior written permission from Art Scene West.

4. PURCHASES & TRANSACTIONS

By completing a purchase on artscenewest.com, you confirm that:

  • You have read, understood, and agreed to this full Terms of Service and Customer Agreement.

  • You are making the purchase voluntarily and of your own free will.

  • You are legally authorized to complete the transaction using the payment method provided.

  • All information provided during checkout is accurate and truthful.

Pricing and Payment

All prices listed on artscenewest.com are in U.S. Dollars (USD). Art Scene West accepts payment through Stripe, Squarespace Payments, and PayPal, all of which are secure, third-party payment processors. Art Scene West does not directly collect or store your payment information. Please review the privacy policies of these processors (linked in Section 7) for information on how your payment data is handled.

Applicable sales tax will be applied to purchases in accordance with California state law and any other applicable jurisdictions at the time of checkout.

Order Confirmation

Once your purchase is completed, you will receive an email confirmation from Art Scene West. Please retain this confirmation as it contains your invoice number, which will be required for any return or support requests.

Cancellations

If you wish to cancel your order, you must contact Art Scene West immediately at info@artscenewest.com or 619-724-0167 with your invoice number. Cancellations are only accepted before the artwork has been shipped. Once the artwork has been shipped, the order may no longer be cancelled and the standard return process (Section 6) will apply. Shipping and handling fees are non-refundable under all circumstances.

5. SHIPPING & DELIVERY

All artwork purchased on artscenewest.com is shipped directly from either 1.) the Gallery or, 2.) the Artist, directly to the Customer. In the case where the Artist is shipping the artwork to the Customer, we manage and coordinate all shipping logistics on behalf of the Artist and serve as your primary point of contact for all shipping inquiries.

Shipping Costs

Shipping and handling costs are calculated based on the size and weight of the artwork, packaging materials, courier service, and an amount of insurance, and are displayed to the Customer at checkout prior to completing purchase. Shipping fees are non-refundable once an order has been shipped.

Shipping Timeline

Artwork will be shipped within 10 business days of a confirmed sale. Once your artwork has been shipped, Art Scene West will provide you with a tracking number so you may monitor your delivery. Actual delivery times vary by carrier, destination, and other factors outside our control.

Lost, Stolen, or Damaged Artwork in Transit

In the event that an artwork is lost, stolen, or damaged while in transit to your destination, Art Scene West will issue you a full refund of your purchase price, including the shipping and handling fees paid. Beyond this full refund, the Customer releases Art Scene West from any further financial liability or otherwise related to the lost, stolen, or damaged shipment.

Please note: Art Scene West and our Artists are not responsible for packages that are confirmed as delivered but subsequently reported stolen from the delivery location. Once a delivery is confirmed by the carrier's tracking system, responsibility for the package transfers entirely to the Customer.

To report a lost or damaged shipment, please contact us at info@artscenewest.com or call 619-724-0167 with your invoice number and tracking information. For damaged shipments, photographic evidence is required (see Section 6).

Customer Shipping Inquiries

All shipping-related questions and concerns must be directed to Art Scene West at info@artscenewest.com, or at 619-724-0167, or through our Contact Form. Customers must not attempt to contact the Artist directly regarding shipping or any other matter.

6. RETURNS & REFUNDS

Return Window

Customers have 10 calendar days from the confirmed delivery date to initiate a return. To qualify for a return, the Customer must email Art Scene West at info@artscenewest.com within this 10-day window with proof that the artwork is in transit back to its return destination before the window expires.

How to Initiate a Return

To begin a return, contact Art Scene West at info@artscenewest.com or our Contact Form with the subject line formatted as follows:

Example subject line:  RETURN #0056

Please include your invoice number and the reason for the return in your email. Art Scene West will respond with return shipping instructions, including the destination address for the artwork. Do not ship a return without first receiving these instructions.

Return Shipping Costs

All return shipping and packaging costs are the responsibility of the Customer, with the following exception: if the artwork arrives damaged due to improper packaging by the Artist, Art Scene West will cover the cost of the return shipment. Original shipping and handling fees are non-refundable in all other circumstances.

Damaged Artwork Upon Arrival

If your artwork arrives damaged, please take the following steps immediately:

  • Photograph the exterior of the shipping package before opening it, documenting any visible damage to the packaging.

  • Photograph the artwork itself upon removal, clearly showing the damage.

  • Email these photographs to info@artscenewest.com along with your invoice number within 5 business days of delivery.

Failure to provide photographic evidence of damage may affect your eligibility for a full refund. Art Scene West reserves the right to consult with the Artist and review submitted evidence before approving damage-related refunds.

Condition of Returned Artwork

Returned artwork must be in the same condition as when it was delivered. If an artwork is returned in less-than-satisfactory condition that is not attributable to the Artist's packaging or during transit — including but not limited to damage caused by the Customer during the return — Art Scene West reserves the right to deduct from the refund an amount equivalent to the cost of restoring the artwork to its original condition, as determined by the Artist.

Refund Processing

Once the returned artwork has been received and inspected, and determined to be in acceptable condition, a refund will be issued to the original payment method. Please allow up to 7 business days for the refund to be processed after the artwork is received. Refunds are issued for the purchase price of the artwork only. Shipping and handling fees are non-refundable.

Administrative Processing Fee

All approved returns are subject to a non-refundable administrative processing fee of $55.00 USD, which will be deducted from the refund amount. This fee covers the administrative costs of coordinating the return between the Customer, the Gallery, and the Artist. This fee is waived in cases where the artwork arrives damaged due to improper packaging by the Artist.

7. PRIVACY POLICY

Art Scene West LLC is committed to transparency and the protection of your personal information. By using artscenewest.com, you agree to the data practices described in this Privacy Policy.

Information We Collect

Art Scene West collects personal information from you when you:

  • Complete a purchase on our Website;

  • Submit a contact form or email us directly;

  • Request to be added to our mailing list;

  • Submit to a Call for Artists or other Gallery program;

  • Interact with our Website in any other way that involves providing your information.

The personal information we collect includes your first and last name, email address, and phone number. We also collect non-personal information in the form of your IP address through our website analytics, which helps us understand how visitors interact with our Website so we can improve your experience.

How We Use Your Information

Your personal information is used solely for the following purposes:

  • To process and communicate with you regarding your purchase(s);

  • To respond to your questions and inquiries;

  • To send you relevant communications about Gallery news, exhibitions, events, artist opportunities, and announcements — only if you have opted in to receive such communications.

Your personal information will never be sold, rented, or shared with any third party for marketing or any other purpose unrelated to fulfilling your agreement with Art Scene West. The only exception is sharing necessary payment information with our payment processors (Stripe, Squarespace Payments and PayPal) as required to complete your transaction.

Your Rights — California Residents (CCPA)

As a California-based business, Art Scene West complies with the California Consumer Privacy Act (CCPA). California residents have the right to:

  • Know what personal information is collected about them and how it is used;

  • Request deletion of their personal information from our records;

  • Opt out of the sale of their personal information (Art Scene West does not sell personal information);

  • Non-discrimination for exercising their CCPA rights.

To exercise any of these rights, please contact us at info@artscenewest.com. We will respond to all verified requests within 45 days.

Cookies

Art Scene West's website is built and managed on Squarespace, which may collect cookies and similar tracking data when you visit our Website. For full details on Squarespace's data practices, please review their Privacy Policy at:

Squarespace Privacy Policy:  https://www.squarespace.com/privacy

Third-Party Payment Processors

All payment transactions on artscenewest.com are processed by Stripe and/or PayPal. Art Scene West does not collect or store your payment card information. For information on how these processors handle your data, please review their privacy policies:

Stripe Privacy Policy:  https://stripe.com/privacy

PayPal Privacy Policy: https://www.paypal.com/myaccount/privacy/privacyhub

Squarespace Privacy Policy:  https://www.squarespace.com/privacy

Opting Out and Data Removal

You may request to be removed from our mailing list or to have your personal information deleted from our records at any time by emailing info@artscenewest.com. We will process all such requests promptly. You may also re-subscribe to our communications at any time.

8. DISPUTE RESOLUTION

Art Scene West is committed to resolving any concerns or disputes in a fair and timely manner. If you have a concern regarding a purchase, shipment, or any other interaction with Art Scene West, please contact us first at info@artscenewest.com or at 619-724-0167 so we may attempt to resolve the matter directly.

If a dispute cannot be resolved through direct communication within 30 days, both parties agree to attempt resolution through good-faith mediation before pursuing any legal action. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal proceedings arising from this Agreement shall be subject to the jurisdiction of the courts of the State of California.

9. INDEMNIFICATION & LIMITATION OF LIABILITY

You agree to indemnify, defend, and hold harmless Art Scene West LLC, its members, officers, employees, and representatives from any claim, demand, loss, liability, or expense — including reasonable attorney's fees — arising out of or related to:

  • Your breach of any provision of this Agreement;

  • Your violation of any applicable law or regulation;

  • Your violation of the rights of any third party;

  • Any false or misleading information you provided to Art Scene West.

To the maximum extent permitted by applicable law, Art Scene West's total liability to you for any claim arising from your use of this Website or any purchase made through it shall not exceed the total amount paid by you for the specific transaction giving rise to the claim.

Art Scene West shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of this Website, including but not limited to loss of data, loss of profits, or damage to property, even if Art Scene West has been advised of the possibility of such damages.

10. CHANGES TO THIS AGREEMENT

Art Scene West reserves the right to update or modify these Terms of Service at any time. Changes will be reflected by an updated "Last Updated" date at the top of this page. Your continued use of the Website following any such changes constitutes your acceptance of the revised Agreement. We encourage you to review this page periodically.

11. CONTACT US

For all questions, concerns, purchase inquiries, return requests, or any other communication, please contact Art Scene West at:

Email:  info@artscenewest.com

Website:  artscenewest.com

Phone: 619-724-0167

Contact Form:  Available at artscenewest.com/contact

Art Scene West LLC is a California limited liability company. This Agreement is governed by the laws of the State of California.