Terms of Service
Effective Date: January 1, 2025 | Last Updated: June 23, 2026
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Buyer," "you," or "your") and Graham's Gallery, a sole proprietorship ("Graham's Gallery," "we," "us," or "our"), governing your access to and use of grahamsgallery.com (the "Site") and any purchase you make through it. By clicking "I have read and agree to the Terms of Service" during checkout, you acknowledge that you have read, understood, and agreed to these Terms. Your agreement is formed at the moment you complete a purchase.
2. Products and Orders
All products listed on the Site are offered subject to availability. We reserve the right to limit quantities, refuse orders, or discontinue products at any time without notice. Prices are subject to change without prior notice. An order confirmation email does not constitute our acceptance of an order; we reserve the right to cancel any order at our discretion, in which case you will receive a full refund of any amount charged.
3. All Sales Are Final – No Refunds, No Returns, No Exchanges
ALL SALES ARE FINAL. WE DO NOT OFFER REFUNDS, RETURNS, OR EXCHANGES UNDER ANY CIRCUMSTANCES. This includes, without limitation:
- Change of mind or buyer's remorse after purchase;
- Dissatisfaction with color, size, or appearance that differs from on-screen representations due to monitor calibration;
- Items received that you claim are damaged, defective, or not as described (photographic evidence may be submitted to contact us at our sole discretion, but does not entitle you to a refund);
- Delays, losses, or damage caused by a carrier (USPS or otherwise) after the item has shipped;
- Incorrect shipping addresses provided by you at checkout.
By placing an order, you expressly acknowledge and agree that you are waiving any right to a refund. In the event a chargeback or payment dispute is filed with your card issuer, you agree that these Terms constitute documented evidence of your agreement to this no-refund policy, and you authorize us to submit these Terms to contest any such chargeback.
4. Shipping and Delivery
Shipping estimates are provided as a courtesy and are not guaranteed. We are not responsible for delays caused by carriers, weather, customs, or other circumstances outside our control. Risk of loss and title for items pass to you upon our tender of the item to the carrier. We are not liable for lost or stolen packages once confirmed delivered by the carrier.
5. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAHAM'S GALLERY, ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.
7. Binding Arbitration and Waiver of Right to Sue
BY COMPLETING A PURCHASE, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR PURCHASE, OR ANY PRODUCTS RECEIVED FROM US SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT THROUGH LITIGATION IN ANY COURT.
Arbitration shall be conducted on an individual basis by a single neutral arbitrator under the rules of the American Arbitration Association ("AAA") Consumer Arbitration Rules, as amended from time to time, available at www.adr.org. The arbitration shall take place in the State of Georgia, United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You expressly waive your right to initiate or participate in any lawsuit, court proceeding, or jury trial against Graham's Gallery related to any purchase you make through this Site.
Exception: Either party may seek emergency injunctive relief in a court of competent jurisdiction solely to prevent imminent irreparable harm pending arbitration.
8. Class Action Waiver and Individual Capacity
YOU AND GRAHAM'S GALLERY EACH AGREE THAT ANY DISPUTE, CLAIM, OR PROCEEDING WILL BE BROUGHT SOLELY IN YOUR OR ITS OWN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE ACTION. THE CLAIMS OF MORE THAN ONE CUSTOMER MAY NOT BE ARBITRATED, LITIGATED, JOINED, OR CONSOLIDATED TOGETHER WITH THOSE OF ANY OTHER PERSON.
You expressly waive any right to bring, join, or participate in any class action, class arbitration, collective action, private attorney general action, or other consolidated or representative proceeding. You agree that you may pursue any claim relating to your purchase only on an individual basis, and that you may seek and recover relief only on your own behalf and not on behalf of, or for the benefit of, any other person. The arbitrator shall have no authority to consolidate or join the claims of more than one person, to preside over any form of class, collective, or representative proceeding, or to award relief to anyone other than the individual party seeking relief. For the avoidance of doubt, nothing in this Section eliminates your right to bring your own individual claim through arbitration as provided in Section 7.
If a court or arbitrator finds that this class action waiver is unenforceable for any reason, then the entire arbitration agreement shall be void and any dispute shall be resolved in the courts of the State of Georgia.
9. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict-of-law provisions. To the extent any matter is not subject to arbitration under Section 7, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Georgia.
10. Intellectual Property
All photographs, images, designs, text, and other content on this Site are the exclusive property of Graham's Gallery and are protected by United States copyright law. You may not reproduce, distribute, or create derivative works without our express written consent.
11. Privacy
We collect only the information necessary to process your order (name, shipping address, email). We do not sell or share your personal information with third parties except as required to fulfill your order (e.g., shipping carriers) or as required by law. Payment information is processed directly by Stripe and is never stored on our servers.
12. Modifications to Terms
We reserve the right to modify these Terms at any time by posting an updated version on this Site. The updated Terms will be effective upon posting. Your continued use of the Site or purchase of products after any modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Any invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.
14. Entire Agreement
These Terms constitute the entire agreement between you and Graham's Gallery with respect to your purchase and supersede all prior and contemporaneous agreements, representations, and understandings. No waiver by us of any breach of these Terms shall be construed as a waiver of any preceding or succeeding breach.
15. Contact
For any questions regarding these Terms, please contact us through our Contact page.