Terms, Conditions, Policies

OVERVIEW

These terms and conditions govern the use of tracydittoart.com owned by Hard Elements, LLC (aka Tracy Ditto Art). This information explains how we use personal information while using this website and purchasing goods. Please read these Terms and Conditions and Privacy Policy carefully. This information is subject to change at any time so we encourage you to review it periodically.

By using this site, you indicate that you have read and understood these Terms and Conditions and Privacy Policy and agree to abide by them at all times. This agreement is a legal agreement between Hard Elements (aka Tracy Ditto Art), users, and purchasers on this site. Using this site you indemnify and hold harmless Tracy Ditto, agents, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees.

PROTECTING OUR COMPANY

This website and data are secured and hosted by BlueHost. The personal and financial data collection is securely collected by Stripe. Both companies help keep the website and its data up to date and current with secure socket layers (SLL).

INFORMATION WE COLLECT

We collect a variety of information for the sole purpose of communication or purchasing products. When an item is purchased, you consent to our collection of data to complete the order.

PERSONAL & FINANCIAL DATA

Personal data such as name, address, email address, phone number, and credit card information are collected to complete purchases through Stripe. Financial data is data that is related to your payment method, such as credit card. We collect financial data in order to allow you to purchase, order, and return products from our website. Most financial data is transferred to our payment processor, Stripe. You should review the Stripes Privacy Policy to determine how they use, disclose, and protect your financial data. We do not authorize Stripe to use or disclose your personal information to any other third-party company. Only for the purpose of purchasable transactions. You agree and adhere to this policy as well as Stripes’.

We also collect email addresses for correspondence through the “Contact” page. This process is built with a captcha and secured using a secure socket layer (SSL) which is a technology that establishes an encrypted link between a server and a client.

OTHER DATA

On occasion, you may provide access to additional information in order to enter into a contest or giveaway. You must be aware and agree to provide personal information in exchange for products. All personal information will continue to be secure through SSL of BlueHost website, Instagram, and Facebook’s privacy policies. You agree to adhere to Instagram or Facebook’s privacy policies.

HOW WE USE YOUR INFORMATION (PAYMENT)

Your information allows us to process payment and ship products purchased from Tracy Ditto Art through a third-party entity, Stripe in US dollars. Stripe is a third-party payment processing platform that securely processes credit card payments via the internet. Stripe allows online businesses to securely collect information for purchasing purposes. Additionally, we use the information to create and administer your account in our shop to:

  • Create an account
  • Order products
  • Deliver products purchased by you
  • Resolve disputes and resolutions
  • Notify you of shipment
  • Provide law enforcement data as necessary

By Law: We may share your data as required by law to respond to legal processes, including a subpoena, or a necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and avoid credit risks.

By using this site to purchase goods, you agree to these terms and conditions, as well as, Stripe’s payment conditions.

SECURITY

It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe. By utilizing these payment processors to gain access to the offering, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

The site and its contents are secured using a secure socket layer (SSL) which is a technology that establishes an encrypted link between a server and a client. The site also uses captcha to ensure information is safe and secure. It also helps prevent unauthorized account entry.

WEBSITE ANALYTICS

We partner with Google Analytics which may use cookies for tracking visitors. We do not transfer any personal information to Google, or any other third-party company except for Stripe payment as mentioned above.

We also use cookies to help remember and process items in your shopping cart. It is your (the user) responsibility to accept or decline using cookies on this site. You can use your browser’s Help Menu settings to learn the correct way to modify your cookies.

INTERNATIONAL DATA

Our website is hosted by servers located in the United States of America. Our site uses Stripe to collect personal information and collect payments. You can purchase products if your country is supported by Stripe. All data will be secure under their policies. You agree and adhere to Stripe’s policies.

DISCLAIMERS

We take all reasonable steps to protect your personal data and keep your information secure. Our website is protected by a secured socket layer (SSL) at BlueHost. Your information is protected by Stripe’s SSL. However, no security measure is foolproof, and no method of data transmission can be guaranteed again interception or misuse. We cannot guarantee the complete security of any information you transmit to us.

By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by the other parties. We will notify you promptly of any known breach of the secured systems. You are at your own risk. Hard Elements (aka Tracy Ditto Art) is not responsible for any data breach or misused data.

CHILDREN

This website or mobile app is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use our website or related products. If you become aware that we have collected data on anyone under the age of 16, please contact us so that we may delete the data.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and services marks are owned by and property of Hard Elements (aka Tracy Ditto Art). It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may NOT use our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, we cannot allow any third-party use.

SHIPPING AND INTERNATIONAL ORDERS

If you purchase within the United States, standard delivery typically takes 7 business days from the date of purchase. For international orders, they will arrive as long as it takes to ship and push through customs. It is the purchaser’s sole responsibility to pay any duties, taxes (including, but not limited to, GST and VAT), and customs fees. All shipments must have accurate and complete shipping addresses. We are not responsible for any lost goods due to wrong addresses or persons.

Products are shipped via USPS, UPS, FedEx, DHL, or the like depending on shipment size and weight. Please note that delivery times could vary due to unforeseen circumstances.

Note, if you live in the Houston area, hand delivery may be an option. Please contact us abstract@tracydittoart.com for more details and instructions.

Occasionally, your items may arrive damaged from shipping. If this occurs, please contact us at abstract@tracydittoart.com and we will make every reasonable effort to fix the situation. Often, it is the carrier’s fault and the best course of action in this instance is to contact the delivery service about the damage to your order.

REFUNDS AND RETURN POLICY

We take your purchase seriously, and expect the same level of respect for our products, as well.

Due to the nature of the products, refunds will not be given unless otherwise specified in writing. If returns are granted, the purchaser will pay for the return shipping either from the United States or internationally.

LAW AND JURISDICTION

These terms and conditions of use and privacy policy are governed by and construed in accordance with the United States of America law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Texas, USA.

ALL RIGHTS RESERVED

All rights not expressly granted in these terms and conditions of use and privacy policy or any express written here, are reserved by the company. All of the content, including images and artwork, is copyright of Hard Elements (aka Tracy Ditto Art). You may not use or edit any and all content. All rights reserved.

CONTACT INFORMATION

abstract@tracydittoart.com