Terms of service
Terms of service
TABLE OF CONTENTS
- Section 1 - Online Store Terms
- Section 2 - General Conditions
- Section 3 - Accuracy, Completeness And Timeliness Of Information
- Section 4 - Modifications To The Service And Prices
- Section 5 - Products Or Services
- Section 6 - Accuracy Of Billing And Account Information
- Section 7 - Optional Tools
- Section 8 - Third-Party Links
- Section 9 - User Comments, Feedback And Other Submissions
- Section 10 - Personal Information
- Section 11 - Errors, Inaccuracies And Omissions
- Section 12 - Prohibited Uses
- Section 13 - Disclaimer Of Warranties; Limitation Of Liability
- Section 14 - Indemnification
- Section 15 - Severability
- Section 16 - Termination
- Section 17 - Entire Agreement
- Section 18 - Governing Law
- Section 19 - Changes To Terms Of Service
- Section 20 - Online Auctions
- Section 21 - Contact Information
OVERVIEW
This website is operated by Rachelle Kearns Fine Art LLC. Throughout the site, the terms “we”, “us” and “our” refer to Rachelle Kearns Fine Art LLC. Rachelle Kearns Fine Art LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Rachelle Kearns, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Rachelle Kearns Fine Art LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Washington, United States of America.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - ONLINE AUCTIONS
20.1 Applicability. From time to time, we may offer original artworks (each a "Lot") for sale by online auction through our website (each an "Auction"). This Section 20 applies to every Auction and every bid, together with the rest of these Terms of Service. If this Section 20 conflicts with any other part of these Terms of Service, our Return Policy, or our Shipping Policy, this Section 20 controls for Auction purchases. Auction bidding is available only through our online store at rachellekearns.com. Bids submitted by email, direct message, social media comment, or any other channel will not be accepted.
20.2 Eligibility and registration. To bid, you must (a) be at least 18 years old and able to enter into a binding contract; (b) create and sign in to a customer account on rachellekearns.com, with accurate, current, and complete information; and (c) agree to these Terms of Service. You are responsible for all bids placed through your account and for keeping your login credentials secure. We may limit bidding on any Auction to bidders we have approved in advance. We may require a refundable deposit before you bid. If we do, the amount and refund terms will be shown before you bid. We may refuse, suspend, or cancel any bidder account, and block any account from bidding, at our sole discretion and for any lawful reason.
20.3 Lot descriptions. We describe each Lot in good faith, including its title, medium, dimensions, year, and whether it is framed. Dimensions are approximate. Colors, texture, and sheen may look different on screen than in person, depending on your device and lighting. Minor variations of this kind are not defects. Each original Lot is signed by the artist and comes with a certificate of authenticity. You are responsible for reviewing the listing, images, and description before you bid. You may send us questions at auctions@rachellekearns.com before the Auction closes.
20.4 Starting bid; Auctions with reserve. Each Lot has a minimum starting bid, shown on the listing. No bid below the starting bid will be accepted. Every Auction is conducted "with reserve," and each Lot may be subject to a reserve price. When the Auction closes, if the highest valid bid meets the starting bid and any reserve price, the Lot will be sold to that bidder, subject to this Section 20. Until the Auction closes, we reserve the right to withdraw any Lot from sale for any reason, including damage, an error in the listing, or technical problems. If we withdraw a Lot, all bids on it are cancelled and we have no further obligation to any bidder.
20.5 Currency. Auctions are conducted and invoiced in United States dollars (USD). If our store shows prices or bids in another currency, those amounts are estimates for your convenience only. Your bid is recorded, and your invoice is issued, in USD. You are responsible for any currency conversion and for any fees your bank or card issuer charges.
20.6 Bids are binding. Each bid is a binding offer to buy the Lot at the bid amount, plus applicable taxes and shipping, on these terms. A bid cannot be withdrawn or reduced once it is placed. Please bid carefully. If you believe you entered a bid in error, email auctions@rachellekearns.com right away. We may, but are not required to, disregard an erroneous bid before the Auction closes. If you are not the Winning Bidder, your highest bid stays a binding offer for 7 days after the Auction closes, so that we may offer you the Lot under Section 20.13.
20.7 Bid increments and automatic bidding. Each new bid must be at least the "Next Minimum Bid" shown on the listing. That amount is the current high bid plus the increment we set for that Auction, as a fixed amount or a percentage. For Auctions where automatic bidding is enabled, you may enter a maximum bid. The system will then bid for you, one increment at a time, only as much as needed to keep you in the lead, up to your maximum. If you win, you pay your winning bid, not your maximum. We do not display your maximum bid to other bidders. If two bids are equal, the bid placed first, as recorded by the auction platform, takes priority.
20.8 Auction close and extensions. Each Auction is scheduled to close at the date and time stated in the listing, in Pacific Time (PT). The countdown timer on the listing is for convenience. The auction platform's records are final for determining bid times, the high bidder, and the close of the Auction.
20.9 Winning bidder. When the Auction closes, the highest valid bid at or above the starting bid wins the Lot (the "Winning Bidder"), subject to this Section 20. We will confirm the Winning Bidder, either automatically or after reviewing the results. We will then email the Winning Bidder a notice with a checkout link. The winning Lot will also appear under "winning bids" in the Winning Bidder's account. A contract of sale for the Lot is formed between you and Rachelle Kearns Fine Art LLC when we confirm you as the Winning Bidder. Other bidders will receive an email telling them they did not win.
20.10 Technical issues. Online auctions depend on third-party software, internet service, and devices we do not control. We are not responsible for bids that are not received, are delayed, or are recorded incorrectly for any reason, including outages, connectivity problems, or errors of the auction platform. Emails from the auction platform (such as outbid, win, or loss notices) are a courtesy. Not receiving one does not change the results of an Auction or your obligations. If a technical failure affects the fairness of an Auction, we may extend, stop, restart, or cancel it, or void the result, at our reasonable discretion.
20.11 Fair bidding. Rachelle Kearns Fine Art LLC, its owners, and its employees will not bid on any Lot to raise the price, and will not have anyone else do so. You agree not to (a) bid on a Lot you do not intend to pay for; (b) bid on behalf of someone else without disclosing it to us; (c) coordinate with other bidders to hold down prices; (d) use more than one account, or any automated tool other than the platform's own automatic-bidding feature; or (e) interfere with any Auction. If we believe a bidder has broken this Section 20, we may disregard their bids, void any win, and block their account from future Auctions and purchases.
20.12 Invoice and payment deadline. When we confirm the Winning Bidder, we will send an invoice with a secure checkout link. The same link is also available from the "winning bids" area of your account. The invoice will show the winning bid, applicable taxes, and shipping (or $0 shipping for local pickup under Section 20.17). If you win more than one Lot, we may combine them on one invoice. The Winning Bidder must pay the invoice in full within 12 hours after it is sent (the "Payment Deadline"), using a payment method accepted at checkout. We do not charge a buyer's premium.
20.13 Non-payment and next-highest bidder. If full payment is not received by the Payment Deadline, the Winning Bidder's right to buy the Lot ends automatically, without further notice. We may then, at our discretion: (a) name the next-highest bidder as the Winning Bidder at that bidder's highest bid. The new Winning Bidder will receive their own invoice and Payment Deadline under Section 20.12. (b) Repeat this process, or relist or sell the Lot by other means. (c) Block the non-paying bidder from future Auctions and purchases. We may grant an extension of the Payment Deadline in writing, at our discretion.
20.14 Taxes. The winning bid does not include taxes. We will add sales tax where we are required to collect it, based on the delivery or pickup location. For example, Washington sales tax applies to Lots picked up in or shipped to Washington. For shipments outside the United States, see Section 20.16.
20.15 Title and risk of loss. We keep title to a Lot until we receive full payment. Title passes to the Winning Bidder when full payment is received. Risk of loss passes to the Winning Bidder when the Lot is delivered to the address in the invoice or picked up under Section 20.17.
20.16 Shipping. Paid Lots are professionally packed and shipped with tracking and insurance for the winning bid amount. Please allow 2–4 weeks from payment for packing and shipment, as set out in our Shipping Policy. Shipping charges are:
- United States: Free Shipping.
- Outside the United States (including Canada): a flat rate of $300 USD per Lot, which covers every destination outside the U.S.A.
For shipments outside the United States, the Winning Bidder is the importer of record. The Winning Bidder is solely responsible for all import duties, customs fees, brokerage fees, and taxes charged by the destination country. For Canadian buyers, this includes GST/HST and any provincial sales tax. These charges are not included in the winning bid or the shipping rate. They are collected by the carrier or customs authority at delivery. If a shipment is refused or abandoned because these charges were not paid, the sale will not be refunded. Any return shipping and storage costs will be the Winning Bidder's responsibility. Some destinations may be subject to shipping restrictions. If we cannot ship to your location, we will contact you to arrange an alternative. Please ask before bidding if you are unsure.
Packing for shipment. To protect the artwork in transit, every shipped Lot is removed from its wooden stretcher frame, rolled, and carefully packed in a commercial shipping tube. The painting will arrive rolled and unstretched. The stretcher is not included. Re-stretching and framing are the Winning Bidder's responsibility and expense. We recommend using a professional framer. A Lot that arrives rolled and unstretched, as described in this Section, is not damaged and is not a material misdescription under Section 20.18. If you want your Lot to stay on its stretcher, choose local pickup under Section 20.17.
20.17 Local pickup. Winning Bidders may choose free local pickup instead of shipping. Pickup is by appointment at a location in the Seattle, Washington area that we will confirm after payment. Pickup must be completed within 14 days after payment, unless we agree otherwise in writing. The person picking up must show government-issued photo ID matching the Winning Bidder's name, or written authorization from the Winning Bidder. If a Lot is not picked up within 30 days after payment, we may ship it to the address on file at the Winning Bidder's expense, or charge reasonable storage fees. Lots collected by local pickup stay on their stretcher and are loosely packed for transport. The Winning Bidder is responsible for bringing a vehicle suitable for the size of the Lot and for moving it safely once it has been handed over. Washington sales tax applies to Lots picked up in Washington.
20.18 All Auction sales are final. Each Lot is a one-of-a-kind original, sold by competitive bidding. All Auction sales are therefore final. No returns, exchanges, cancellations, or refunds are allowed after the Auction closes, including for change of mind or if the work does not suit your space. Our general Return Policy does not apply to Auction purchases, except as stated in this Section. The only exceptions are:
- Damage or loss in transit. If a Lot arrives damaged or is lost in shipping, you must notify us at auctions@rachellekearns.com within 5 days after delivery (or, for a lost shipment, within 20 days after you receive tracking). Include photos of the artwork, the packaging, and the shipping label, and keep all packaging until the claim is resolved. We will work with the carrier and, at our discretion, arrange professional restoration, a replacement of equal value if one exists, or a full refund of the amounts you paid.
- Material misdescription. If a Lot is materially different from its listing (for example, a different medium or size), notify us within 5 days after delivery. If we confirm the difference, you may return the Lot, in the condition received, for a full refund of the amounts you paid, including return shipping we pre-approve. Minor variations described in Section 20.3 are not material misdescriptions.
Nothing in this Section limits any right you have under applicable law that cannot be waived by contract.
20.19 Copyright and reproduction. When you buy a Lot, you own the physical artwork. You do not acquire the copyright or any other intellectual property rights in it. Rachelle Kearns keeps all copyright in every Lot, including the exclusive rights to reproduce it, make prints and derivative works, and license it. We may continue to reproduce and publish images of the Lot, including as fine art prints, on our website, on social media, in publications, and in exhibition and marketing materials. As the owner of the physical work, you may:
- display it privately or publicly;
- resell, gift, or donate it;
- lend it for exhibition, with credit to "Rachelle Kearns"; and
- photograph it for personal, insurance, or resale-listing purposes.
You may not reproduce the artwork or its image for any commercial purpose, including on prints, products, merchandise, or in advertising, or use it to train artificial intelligence models, without our prior written permission. Optional: We appreciate being told if you lend or resell the work, so we can keep the provenance record for each piece.
20.20 Charity Auctions. We may name a Lot a "Charity Lot" in its listing. For each Charity Lot, the listing will identify the charitable organization that benefits (the "Charity"). The following terms apply to Charity Lots in addition to the rest of this Section 20:
- Donation. Rachelle Kearns Fine Art LLC will donate 100% of the winning bid amount, excluding sales tax and shipping charges, and without deducting payment-processing fees to the Charity within 30 days after we receive full payment. If the sale is cancelled, refunded, or not paid, no donation will be made for that sale.
- Seller and responsibility. Rachelle Kearns Fine Art LLC is the seller of each Charity Lot and is solely responsible for the Auction, payment, delivery, and all other obligations to the Winning Bidder. The Charity is not a party to the sale, does not conduct or endorse the Auction except as stated in the listing, and has no obligations to bidders.
- No charitable deduction for bidders. Your payment is a purchase from Rachelle Kearns Fine Art LLC, not a donation to the Charity. The Charity will not issue you a donation receipt. We make no representation that any part of your payment is tax-deductible. Please consult your own tax advisor.
- Confirmation. On request, we will confirm in writing the amount donated to the Charity from the sale of a Charity Lot.
All other terms of this Section 20 apply to Charity Lots, including Section 20.18 (All Auction sales are final).
20.21 Bid history, notifications, and bidder data. Each listing may publicly show the current bid, and a bid history with amounts and times. We will not publicly display bidders' names or contact information. By registering to bid, you agree to receive transactional emails about your bids, such as bid confirmations, outbid notices, and win or loss notices. These are not marketing emails. We will send you marketing emails only if you have separately subscribed. We operate Auctions using a third-party auction service provider, Auction Today, which processes your name, email address, and bid activity on our behalf. We handle this information as described in our Privacy Policy.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@rachellekearns.com.
Last updated: September 19, 2026