TERMS & CONDITIONS

Terms of Use

Welcome to Koneal.com! Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully. The website is owned and operated by Legacy Trading Co.

 

Privacy

You should review our privacy policy to understand our privacy practices.

Website Access

We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:

 

• Reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;

• Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);

• Use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website;

• Engage in any activity that interferes with the website or another user's ability to use the website;

• Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or

• Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

 

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

 

E-Communications

You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

 

Account Safekeeping

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright

All Website Content is our property or the property of the artist and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.

 

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Koneal.com or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

 

Limitation of Liability

We do not accept responsibility that the website, its servers, or email sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

 

Governing Law

By visiting the website, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us relating to the use of this website. Any dispute relating in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction of the state or federal courts located in Dallas County, Texas, and you consent to exclusive jurisdiction and venue in such court.

 

Changes Without Notice

We reserve the right to make changes to our site, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

 

Terms of Sale

These Terms of Sale apply to all orders placed by you in relation to the products and services offered on this website:

 

- All of the products sold on this website are “made to order” just for you. Each art piece is a “one of a kind / original” made specifically for the customer and is as such considered a “FINAL SALE”. 

- No cancellations are permitted once production has started by the artist or studio.

- No refunds of paid amounts such as deposits, balances, shipping fees or any other fees are allowed.

- Any changes requested by the customer for any customization of art pieces will incur in additional fees and will be fully disclosed to customer prior to starting production or prior to making such requested change(s). Fees for any customization are at the sole discretion of the artist and are nonrefundable. 

- The artist will try to accommodate any reasonable customization to any of the pieces as close as possible; however, art is a subjective interpretation of each individual piece. In the event that there is a difference in perspective between the customer and the artist, the artist intentions and integrity must not be compromised and will prevail for the finished piece.

 

If your order should arrive in less than satisfactory condition, we will file a claim with the shipping carrier on your behalf. Simply take a digital photo of the item and one of the shipping container it arrived in, attach them to an email and send to info@koneal.com. Please include in the body of the email a description of the condition of the product and your order information. DO NOT DISCARD ANY OF THE ORIGINAL PACKAGING MATERIALS, you will be required to re-package the items in the original boxes or cartons as close to the original manner as they were received provided such packaging materials are still in good condition and offer the same level of protection as originally intended. We must receive any damage claim within 24 hours of receiving the items. No damage claims will be accepted 24 hours after receipt of merchandise.

Once your claim is received and deemed valid, we will issue a Return Authorization Number and will arrange for the carrier to pick the item(s) from the same location where it was delivered. To return your item(s) please pack them in the original tube or box and include the completed Return Instructions form which you will receive along your Return Authorization Number via email reply to your original claim request.

 

Pricing

Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you confirm your order. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. However, we do not charge your credit card until after your order has entered the production schedule of the artist. If an item's correct price is higher than our stated price, we will contact you via email and/or phone to confirm whether you would like to accept the new price and proceed or cancel your order at that time.

Acceptance of Order

We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).

 

Sales Tax

Items shipped to destinations in the state of Texas are subject to sales tax. Customers purchasing items destined for Colorado are reminded that sales tax is due on purchases of our products and that the State of Colorado requires you to file a sales tax return. We are not required, and do not collect Oklahoma or South Dakota sales or use tax. Purchases shipped to Oklahoma or South Dakota are subject to Oklahoma or South Dakota use tax unless they are specifically exempt from Taxation. Your purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. The States of Oklahoma and South Dakota require Oklahoma and South Dakota purchasers to report all purchases that were not taxed, and pay tax on those purchases. The tax may be reported and paid on the Oklahoma individual income tax return Form 511 or by filing a consumer use tax return Form 21-1. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov. Further information and tax forms for the State of South Dakota can be can be found at the South Dakota Department of Revenue website.

 

Product Descriptions

We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement.

 

Disclaimer

We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.

Applicable Law

The offers by koneal.com, your orders, and the agreements between us for the delivery of our services and products are subject to the laws of the State of Texas. The state or federal courts located in Dallas County, Texas will have exclusive jurisdiction to settle any dispute between us in relation to our products or services.

Modification And Severability

We reserve the right to make changes to our website, our policies, our Terms of Use and these Terms of Sale at any time and in our sole discretion. Therefore, you should review our policies, terms and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

 

 
 

Privacy Policy

We value your business and we know your privacy is important to you. Accordingly, we have implemented this Privacy Policy to inform you of the information that we collect from you, how we collect it and what we do with it. By using this website you are accepting the practices described in this Privacy Policy.

 

Information Collection 

We collect "personal" information from you when you provide it to us. For example, if you purchase a product from us, we may collect your name, mailing address, telephone number, credit card number and email address. If you sign up to receive a newsletter, we will collect your email address. If you take advantage of special services offered by us, we may collect other personal information about you.

What we do with your information

We are committed to protecting your privacy. Under no circumstances do we rent, trade or share your e-mail address with any other company for their marketing purposes without your consent. We use your personal information for internal purposes such as processing and keeping you informed of your order. You may, from time to time, receive information from us about new products, new services and special offers we think you'll find valuable. If you take advantage of special offers made by our marketing partners, we may, with your consent, transfer your personal information to them. We may share your mailing address with select third parties.

The personal information that you give us when you place an order is used to process and fulfill your order. We also use your personal information for our own internal purposes, such as providing customer support or providing, maintaining, evaluating and improving our products and services.

We partner with one or more credit card processing companies to assist us in processing your payment. However, those companies do not retain, share, store, or use personally identifiable information for any secondary purposes.

We may disclose the personal and non-personal information of our customers to any successor-in-interest of ours, such as a company that acquires our business. We may need to disclose your personal information when required by law or when we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.

 

Opting Out of Certain Communications

If you are no longer interested in receiving e-mail announcements and other marketing information from us, please e-mail your request to info@koneal.com. Please include your complete name, e-mail address and mailing address. Note that you may still receive customer service related communications from us.

We link to other websites

Our website may contain links to websites operated by other companies. We are not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our site and to read the privacy statements of such other websites. This privacy statement applies solely to information collected by our website.

IP address and cookies

We also collect "non-personal" information from you, such as your browser type, the URL of the previous web site you visited, your ISP, operating system, and your IP address. "Non-personal" information cannot be easily used to personally identify you. We may use your non-personal information to help diagnose problems with our server and to administer our website. Your non-personal information may also be used to gather broad demographic information and to recognize customer traffic patterns and website usage. This information aids us in merchandising and in developing the design and layout of the website.

In addition, like almost all e-commerce web sites, we use "cookies." Cookies are bits of information that are stored on your computer by your web browser. Although our cookies don't store any of your personal information, they do allow us to do things like keep items in your shopping cart between visits or during the same visit or provide you with a more personalized user experience. Whether you want your web browser to accept cookies or not is up to you. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to be notified when you receive a new cookie, or how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the Web site of its manufacturer. However, because cookies allow you to take advantage of some of features and services, we recommend that you leave them turned on. For instance, if you block our cookies, you will not be able to add items to your Cart, proceed to checkout, or use any services that require you to sign in. If you haven't changed your computer's settings, most likely your browser already accepts cookies.

 

Protecting Your Information

The security of your personal information is very important to us.

When you enter sensitive information such as a credit card number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). For purchases made online with credit cards, we store your credit card number in encrypted form for a limited amount of time, and our employees do not have access to this information. We do not store PIN data or 3-digit security codes.

We follow generally accepted industry standards to protect the personal information submitted to us from unauthorized access or disclosure, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.

 

Updates

If your personal information changes, you may correct, update or remove personal information previously provided to us by contacting our customer service team via email at info@koneal.com 

 

Changes to our Privacy Policy

If we change our Privacy Policy, we will post a new version on our Website, which will become effective when posted. The new policy will apply to all current and past users of the Website and will replace any prior policies that are inconsistent with it.

 

Contact us

If you ever have any questions regarding our privacy policy please contact us via email at info@koneal.com 

 

Frequently Asked Questions

 

How to Place an Order?

Place the product(s) you wish to order in your shopping cart by clicking on the "Add to Cart" button located next to the product image. When you're ready to complete your order, click "Checkout" from within your cart and follow the instructions. 

 

What are my payment options?

We accept all major credit cards, including Visa, MasterCard and American Express. If you prefer, we would send you an invoice via Intuit Payment Network® that would allow you to pay via ACH transfer. Personal or Business checks are welcomed, however, please note that this might delay the start / shipment of your purchase until the funds are received and confirmed by our financial institution, and it could take up to 10 business days.

 

Mail payments to:

Legacy Trading Co / koneal.com

2200 Big Town Blvd. Suite 140

Mesquite, TX 75149

 

When will my credit card be billed?

Credit Cards are charged a 50% deposit upon confirmation of the order. Balance plus any shipping and handling fees are charged at the time order is shipped out. 

Does the image on your site accurately represent what I will be sent?

We strive for a high degree of image accuracy. However, in some cases, the visual representation may be approximate. Please note that variations such as screen resolution, computer monitor settings and network speed can show colors in different ways on the screen and vary slightly from the live colors of an original painting. In most cases, this variation is minimal and will not be considered a defect or defective item.

 

How accurate are the item dimensions listed on your web pages?

We verify the dimensions of all images on our site, but due to industry standards, canvas and frame sizes can vary slightly up to (1½"). If you require a specific finished dimension of a framed art piece, please make sure you request that on your order and is also included in your emailed order confirmation.

 

Kelly O'Neal Original Artwork © 2016

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