Terms of Service
Effective Date: June 26, 2026
1. Introduction
A. Agreement to Terms. These Terms of Service (“Terms”) are a legally binding agreement entered into by and between you (“User”, “you,” or “your”) and Walburg Art Enterprise LLC (“Company,” “we,” “us,” or “our”) regarding your access to and use of the website at https://www.gswalburg.com/ (“Website” or “Site”), including all features, content, and services offered on or through the Site, as well as the purchase of sculptures, 2D art, painting, and any related goods or services (collectively, “Products” and, where applicable, “Artwork”). By accessing, browsing, or using the Site, or by placing an order for Products, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Site or purchase sculptures, 2D art, paintings, digital artwork, and/or any related goods or services (Collectively, “Products” and, where applicable, “Artwork”).
B. Amendments and Modifications. The Company reserves the right, at its sole discretion, to revise or modify these Terms at any time. Modifications will be effective immediately upon posting to the Site unless otherwise required by law. Your continued use of the Site or purchase of Products following any such changes constitutes your acceptance of the revised Terms.
2. Eligibility and User Representations
A. Eligibility. The Site is intended solely for Users who are at least eighteen (18) years old and legally capable of entering into binding contracts under applicable law. By accessing or using the Site, you represent and warrant that you meet these eligibility criteria.
B. User Information. You agree that all information you provide to the Company in connection with your use of the Site, creation of an account, subscription to newsletters, and purchase of Products, including, but not limited to, contact information, email address, payment information, and shipping address, is accurate, current, and complete.
3. Purchases, Payments, and Order Acceptance
A. Product Listings and Descriptions. The Company endeavors to describe and display Products as accurately as possible. However, the Company does not warrant that descriptions, images, prices, or other content on the Site is accurate, complete, current, or error-free. Variations may occur, particularly with hand-made, original or unique art objects, and such variations do not constitute defects.
B. Order Placement. Submitting an order constitutes an offer to purchase the designated Products, subject to these Terms. All orders are subject to acceptance by the Company, and the Company may, in its sole discretion, decline or cancel any order in whole or in part without liability.
C. Pricing and Payment. All prices listed on the Site are in U.S. Dollars unless otherwise specified and are exclusive of applicable taxes, shipping, and handling charges, which, as they may be applicable, will be communicated and charged at checkout. The payment must be received in full, and the Company accepts payment methods as indicated on the Site. By providing payment information, you represent that you are authorized to use the provided payment method.
D. Order Confirmation and Contract Formation. The contract for the sale of Products is formed only when you receive a written confirmation of order acceptance from the Company. If an error is discovered in the listed price or description, the Company reserves the right to cancel the order and refund any amounts paid.
E. Sales Tax. Applicable sales tax may be charged on your purchases as required by law, based on your shipping address and applicable laws and regulations.
4. Shipping, Delivery, and Risk of Loss
A. Delivery Options.
(i) Local Pick-Up: If you are local and elect to pick up the Products in person, you may coordinate with the Company to schedule a mutually agreeable pick-up time at the Company's designated location. The Company will provide instructions for pick-up upon request.
(ii) Shipping by Buyer: If you are not local or do not elect to pick up the Products in person, you are solely responsible for arranging and paying for all shipping, packing, and delivery of the Products. You must select your own Carrier and contract directly with them and arrange for the Products to be picked up from the Company's designated location. The Company will make the Products available for pick-up at a mutually agreed time during normal business hours.
B. Risk of Loss; Title. Ownership of and risk of loss for Products passes to you upon the Company’s tender of the Products to you, your agent, or the Carrier at the Company’s designated location, except as otherwise required by applicable law. Any claims relating solely to transit damage, loss, or delay occurring after transfer of title and risk of loss must be made directly against the Carrier.
(i) For Local Pick-Up: Title and risk of loss to the Products shall pass to you upon your (or your agent's) receipt of the Products at the Company's designated location.
(ii) For Shipping by Buyer: You acknowledge that title and risk of loss to the Products shall pass to you upon the Company’s tender of the Products to the Carrier or your agent at the Company’s designated location. The Company’s sole responsibility shall be to tender the Products to the Carrier or agent in conformity with the contract and in acceptable condition for shipment at the Company’s designated location. The Company shall have no responsibility or liability for any loss of, damage to, or deterioration of the Products occurring after such tender, including during loading, transit, storage, or delivery by the Carrier, except to the extent caused by the Company’s failure to tender conforming Products in acceptable condition at the time of shipment.
C. The Company is not responsible for delays in delivery caused by factors beyond its reasonable control, including but not limited to carrier delays, customs procedures, or force majeure.
D. You shall bear all shipping, insurance, and handling costs unless otherwise specified in writing.
E. For further details regarding shipping, delivery, and risk of loss, please refer to the Sales and Purchase Agreement for Sculptures and 2D Artwork, which is incorporated herein by reference.
F. International Shipping; Customs. If Products are shipped internationally, you are responsible for compliance with all applicable import laws and regulations. You are solely responsible for any and all customs duties, taxes, import fees, brokerage charges or similar charges imposed by the destination country. The Company is not responsible for delays, losses, or delivery failures caused by customs processing or international carrier issues.
5. Returns, Refunds, and Cancellations
A. General Return Policy. Except as expressly provided herein or as required by applicable law, requests for returns, exchanges, or cancellations may be considered solely in the Company’s discretion. All sales of original and limited-edition Artwork are final and non-refundable, except as required by applicable law or expressly stated by the Company.
B. Damaged or Defective Products. If you believe a Product is materially defective in workmanship prior to transfer of title and risk of loss, you must notify the Company in writing at info.gswalburg@gmail.com within five (5) business days of receipt, including photographic evidence of the alleged defect. Upon timely notification and verification, the Company may, in its discretion, offer a replacement, store credit, repair, or refund. The Company shall have no responsibility or liability for any loss of, damage to, or deterioration of the Products occurring after transfer of title and risk of loss, including during transit by the Carrier, except to the extent caused by the Company’s failure to tender conforming Products in acceptable condition at the time of tender to the Carrier or your agent.
C. Custom or Commissioned Works. Orders for custom or commissioned Artwork are non-cancellable, non-returnable, and non-refundable, except as otherwise expressly agreed in writing by the Company or required by applicable law.
D. Claim Procedure. For any claim for return, refund, or replacement, you must comply with the procedures communicated by the Company, including, where required, returning the Product with original packaging and proof of purchase.
E. Statutory Rights. Nothing in this Section impairs, modifies, or excludes any mandatory statutory rights you may have under applicable consumer protection law to the extent such rights apply and cannot be contractually waived.
6. Product Authenticity and Certificates
A. Authenticity. The Company makes reasonable efforts to verify the authenticity and provenance of the artworks offered for sale. Except as otherwise expressly stated in writing by the Company, including in any certificate of authenticity expressly issued by the Company, no other express or implied warranties or representations regarding authenticity, provenance, authorship, or title are made.
B. Certificates of Authenticity. Where available and applicable, a certificate of authenticity or provenance may be provided to the purchaser. Any such certificate will be identified in the particular Product listing or provided at the time of delivery.
7. Intellectual Property
A. Site Content. All content on the Site, including, but not limited to, sculptures, 2D art, paintings, text, images, photographs, graphics, artwork, logos, icons, and software, as well as the selection and arrangement thereof, is owned by or licensed to the Company and is protected by copyright, trademark, and other applicable intellectual property laws.
B. Restrictions on Use. Users may access and view Site content for personal, non-commercial purposes only. Except as expressly permitted by these Terms or with the Company’s prior written authorization, you may not use, reproduce, download, distribute, display, perform, modify, create derivative works of, republish, or otherwise exploit any content from the Site including digital images, photographs or descriptions of Products or Artwork. Any such unauthorized uses will be considered infringement for which damages may be sought against you.
C. Third-Party Rights. Artwork and related content may be subject to additional rights of artists, licensors, or other parties. All such rights are expressly reserved. If you believe your copyright has been infringed, you may notify the Company’s Copyright Agent by providing all required elements under 17 U.S.C. § 512(c)(3), including identification of the work, infringing material, contact information, a good-faith statement, a statement under penalty of perjury, and a signature.
D. Digital Millennium Copyright Act (DMCA) Policy. If you believe that any content on the Site infringes your copyright, you may notify the Company’s designated Copyright Agent as outlined below. To file a copyright infringement notification, you must send a written communication that includes the following elements, as required under 17 USCS § 512(c ) (3) :
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work that you believe to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of your notice is the best way to help us locate content quickly.
Your name, address, telephone number, and, if available, an email address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows: info.gswalburg@gmail.com or Walburg Art Enterprise LLC Attention: Graeme Plant at 500 Capitol Mall, Suite 2350, Sacramento, CA 95814.
Please keep in mind: Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
8. User Conduct and Acceptable Use
A. Acceptable Use. You agree not to use the Site or its content for any unlawful, abusive, fraudulent, defamatory, infringing, or harmful purpose or to engage in any activity that interferes with the performance or security of the Site. Account Registration. Certain features of the Site may require you to create an account. If you create an account, you agree to provide accurate, current, and complete information and to keep such information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You agree to notify the Company promptly of any unauthorized use of your account or any other breach of security.
Marketing Communications. By creating an account or providing your email address, you acknowledge that you may receive transactional communications related to your account or purchases. You may also receive marketing or promotional communications, including newsletters, in accordance with your preferences and applicable law. You may opt out of marketing emails at any time by using the “unsubscribe” link included in such communications.
B. Prohibited Activities. Without limitation, Users must not:
1. Access, tamper with, or use areas of the Site or computer systems not intended for public use.
2. Harvest or collect data or images from the Site via automated means, scraping, or bots.
3. Post or transmit any content that violates another party’s rights, including intellectual property or privacy rights.
4. Attempt to circumvent security or authentication measures.
C. Suspension and Termination. Violation of this Section may result in suspension or termination of your access to the Site, in addition to any other remedies available to the Company at law or in equity.
D. Email Communications and Opt-Out.
The Company may send you emails for transactional purposes (such as order confirmations, account notifications, and customer service responses) and, where permitted by applicable law, for marketing and promotional purposes, including newsletters.
All marketing emails will include a mechanism that allows you to opt out of future marketing communications. You may unsubscribe at any time by clicking the “unsubscribe” link included in such emails or by contacting the Company using the contact information provided in these Terms or the Privacy Policy. The Company will honor opt-out requests in accordance with applicable law.
9. Privacy and Data Protection
A. Privacy Policy. The Company’s use, collection, and disclosure of personal information submitted by Users through the Site including information collected through account registration and newsletter subscriptions, are governed by the separate Privacy Policy, which is expressly incorporated into and made part of these Terms. By using the Site, you consent to such use of information in accordance with the Privacy Policy.
B. Security. The Company implements commercially reasonable technical, administrative, and physical safeguards to help protect personal information from unauthorized access, disclosure, alteration, or destruction; however, the Company does not warrant or guarantee the security of any information provided.
10. Third-Party Sites and Services
A. Links to Third-Party Sites. The Site may contain links to third-party websites or services not operated by the Company. Such links are provided solely as a convenience to Users. The Company does not endorse, control, or assume responsibility for any third-party sites, content, or practices.
B. No Liability. Access to third-party sites is at your own risk, and the Company disclaims any and all liability arising from your use of third-party sites or resources.
11. Disclaimers and Limitation of Liability
A. No Warranties. Except as expressly provided herein or in a separate written agreement signed by the Company, the Site and all Products are made available on an “as is” and “as available” basis, without any express or implied warranties of any kind, including but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, or arising from a course of dealing or usage of trade.
B. Artworks As-Is. All artworks, including sculptures and 2D art, are sold “as is”, subject to normal wear, artist technique, natural variation, and material inconsistencies. The Company disclaims all warranties regarding the future value, investment potential, appreciation, resale value, or provenance of any artwork except as expressly stated in writing by the Company.
C. Limitation of Liability. To the maximum extent permitted by law, in no event shall the Company, its affiliates, officers, employees, contractors, or agents be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including without limitation loss of profits, goodwill, data, artwork value or alleged artistic, reputational, or market value) arising out of or related to your use of, or inability to use, the Site or Products, even if advised of the possibility of such damages. The Company’s aggregate liability to you for all claims shall not exceed (A) the total amount paid by you for the specific Product(s) giving rise to the claim, or (B) one hundred United States dollars ($100), whichever is greater.
D. Exclusions. Some jurisdictions may not allow exclusion or limitation of certain damages or implied warranties. In such jurisdictions, the above exclusions and limitations may not apply to you, but shall apply to the maximum extent permitted by applicable law.
12. Indemnification
A. Indemnity. You agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, officers, employees, agents, licensors, and representatives from and against any and all third-party claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:
1. Your breach of these Terms;
2. Your use or misuse of the Site or Products;
3. Your violation of applicable law or third-party rights;
4. Any content, data, or materials you submit or transmit through the Site.
13. Dispute Resolution, Governing Law, and Jurisdiction
A. Governing Law. These Terms and all matters relating to their subject matter, interpretation, or enforcement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
B. Dispute Resolution; Arbitration. Except as otherwise provided in this Section, any dispute, claim, or controversy arising out of or related to these Terms, the Site, or Products shall be resolved by binding arbitration administered by the American Arbitration Association under its rules then in effect. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
C. Small Claims Exception. Notwithstanding the preceding clause, either party may bring a qualifying claim in small claims court in Sacramento County if the claim falls within the small claims courts jurisdictional limits.
D. Venue. Any legal suit, action, or proceeding arising out of or relating to these Terms that is not subject to binding arbitration shall be instituted exclusively in the courts of the State of California, County of Sacramento, and you consent to the personal jurisdiction and venue of such courts.
E. Time Limit on Claims. Any cause of action or claim arising out of or relating to the Site or these Terms must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
14. Miscellaneous
1. Entire Agreement. These Terms, along with any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the Site and the sale of Products and supersede all prior or contemporaneous understandings or agreements, whether written or oral. You acknowledge that you are not relying upon any representations, warranties, or statements of any kind made by the Company or its employees, agents, or representatives, except to the extent expressly set forth in these Terms.
2. Waiver. No waiver of any term or right in these Terms shall be effective unless in writing and signed by an authorized representative of the Company. The failure of the Company to enforce any provision of these Terms shall not be construed as a waiver or modification of such provision, nor shall it impair the Company’s right to enforce such provision or any other provision at any time thereafter.
3. Severability. If any provision of these Terms is deemed unlawful, void, or unenforceable by a court or arbitration panel of competent jurisdiction, the remaining provisions shall remain in full force and effect.
4. Assignment. You may not assign or transfer your rights or obligations under these Terms without the Company’s prior written consent. The Company may assign these Terms at its discretion.
5. Force Majeure. The Company shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, natural disasters, power failures, or laws or regulations of governmental authorities.
6. Notices. The Company may deliver legal or other notices to you by email, posting on the Site, or by mail at your contact information on file. All notices to the Company shall be sent in writing to Walburg Art Enterprise LLC Attention: Graeme Plant at 500 Capitol Mall, Suite 2350, Sacramento, CA 95814 or to info.gswalburg@gmail.com.
15. Contact Information and Complaints
1. Contact. If you have questions, complaints, claims, or wish to exercise your rights under these Terms, please contact us at:
Suzanne E. Rogers
The Law Offices of Suzanne E. Rogers
500 Capitol Mall, Suite 2350, Sacramento, CA 95814
serogerslaw.com
Office: (916) 448-8800
2. DMCA Agent Contact. For notices regarding claimed copyright infringement, please contact:
Suzanne E. Rogers
The Law Offices of Suzanne E. Rogers
500 Capitol Mall, Suite 2350, Sacramento, CA 95814
serogerslaw.com
Office: (916) 448-8800
16. Acknowledgement
1. Acceptance of Terms. By accessing or using this Site, or by purchasing Products from the Company, you acknowledge having read, understood, and agreed to be bound by all of the terms and conditions set forth above. If you do not agree, you must refrain from accessing or using the Site.
