Policy

Faust Gallery Store Policies and Terms & Conditions

1. Acceptance of Terms

By purchasing items, consigning works, or entering into layaway/payment agreements with Faust Gallery — whether in-gallery, online, or by phone — you agree to be bound by the following Store Policies and Terms & Conditions. These policies govern all transactions with Faust Gallery unless otherwise agreed in a separate written and signed agreement between you and Faust Gallery.

Faust Gallery reserves the right to amend these policies at any time. Amendments take effect immediately upon being posted through official channels, including but not limited to www.faustgallery.com. Any prior written agreements signed by both parties will remain in effect and will not be superseded by amended policies unless a new written agreement is signed.

2. Ordering Terms & Conditions

2.1. Payment Methods
All items purchased through Faust Gallery (online or in-store) are sold on approval, contingent upon valid credit card authorization or confirmed payment at checkout. Accepted payment methods include MasterCard, Visa, American Express, and PayPal.

For customers preferring to pay by check, please contact Faust Gallery directly to obtain the appropriate shipping address and payment instructions. Orders will only be processed once payment is received and cleared.

3. Shipping Policy

3.1. Shipping Methods
All purchases are shipped via FedEx Insured, unless the item is oversized or requires special handling, in which case a qualified third-party shipping service will be used.

3.2. Shipping Costs
All shipping costs are the responsibility of the buyer, unless otherwise agreed in writing prior to shipment.

3.3. Special Handling
For inquiries regarding shipping, including expedited delivery or special handling requests, please contact Faust Gallery directly before finalizing your purchase.

4. Return & Refund Policy

4.1. 7-Day Approval Period
All items purchased from Faust Gallery, whether online or in-gallery, are subject to a 7-day approval period, beginning on the date of delivery (for online sales) or date of purchase (for in-gallery sales).

4.2. Return Process
To initiate a return within this period, you must notify Faust Gallery in writing (via email or mail) or by phone. Upon approval, a return shipping label will be provided.

All returned items must be in the same condition as originally sold, with no signs of damage or alteration.

4.3. Refunds and Restocking Fee

  • Returns within the 7-day approval period will be eligible for a full refund, unless otherwise specified in a separate agreement.
  • Returns requested after the 7-day approval period of purchase may be subject to a 25% restocking fee or may be eligible for store credit at Faust Gallery’s discretion.
  • No returns will be accepted beyond 30 days from the original purchase date unless otherwise agreed to in writing.

4.4. Refund Processing
Refunds will be issued within 14 business days of receiving and approving the returned item.

5. Consignment Policy

5.1. Consignment Process
Faust Gallery accepts consignments for sale at our Santa Fe, NM, and Scottsdale, AZ locations, as well as online at www.faustgallery.com.

5.2. Written Agreement Requirement
All consignment arrangements, including terms of sale, duration, and commission rates, must be documented in a written consignment agreement signed by both Faust Gallery and the consignor prior to acceptance.

5.3. Out-of-State Consignors
If you are located outside of Arizona or New Mexico, Faust Gallery may arrange to review your collection remotely, and shipping instructions will be provided. Consignors are responsible for shipping costs unless otherwise agreed in writing.

6. Payment (Layaway) Plan Policy

6.1. Eligibility
Faust Gallery offers a layaway payment plan for all items purchased in-gallery or online.

6.2. Payment Terms
Unless otherwise agreed in writing:

  • A minimum down payment of 20% of the total purchase price is required to initiate the layaway plan.
  • The remaining balance will be billed in equal installments over three (3) months from the date of the initial payment.
  • No interest will be charged on layaway payments.

6.3. Default and Cancellation
If the buyer fails to complete the payment plan within the agreed time period, Faust Gallery reserves the right to:

  • Cancel the layaway agreement;
  • Retain the 20% deposit as a non-refundable fee; and
  • Return the item to inventory for sale.

6.4. Initiating Layaway
To establish a layaway plan, please contact Faust Gallery directly to set up formal terms in writing.

7. Prior Written Agreements

Any prior written agreement signed by both Faust Gallery and the customer or consignor will take precedence over these Store Policies. Amendments to store policies will not affect existing signed agreements unless a new written agreement is mutually executed.

8. Governing Law, Venue, and Dispute Resolution

These Store Policies and Terms & Conditions, and any transaction, communication, consignment, or business relationship with Faust Gallery—whether conducted in person, online, by phone, or by mail—shall be governed exclusively by the laws of the State of Arizona, without regard to conflict of laws principles.

Any dispute, claim, legal proceeding, or cause of action arising out of or relating to these policies, any transaction, consignment, or other interaction with Faust Gallery shall be brought solely and exclusively in the state or federal courts located in Maricopa County, Arizona.

By engaging in business with Faust Gallery, you:

  • Irrevocably submit to the exclusive jurisdiction and venue of the courts located in Maricopa County, Arizona;

  • Waive any objection to venue or jurisdiction, including but not limited to claims of forum non conveniens;

  • Agree not to file suit, initiate mediation, or pursue arbitration in any jurisdiction other than the State of Arizona;

  • Agree that Arizona law shall apply, even if you reside or transact outside Arizona.

9. Contact Information

For all inquiries, including orders, returns, consignments, and layaway plans, please contact:

Faust Gallery
📧 Email: [bill@faustgallery.com]
📞 Phone: [480-200-4290]
🌐 Website: www.faustgallery.com

10. Privacy Policy (Website & Customer Data Use)

10.1 Personal Data Collection

When visitors interact with www.faustgallery.com, we may collect data such as name, email address, IP address, and browser user agent to enhance your experience and for spam detection.

10.2 Cookies

Our website uses cookies to remember login and user preferences. You may opt out by adjusting your browser settings.

10.3 Embedded Content

Our site may include embedded content (e.g., videos, articles). These behave as if you visited the originating site and may collect data as per their privacy policies.

10.4 Data Retention

Customer data, including comments and transaction records, may be retained indefinitely for legal, administrative, and security purposes.

10.5 Your Rights

You may request a copy of your personal data or request deletion of your data unless required for legal obligations.

10.6 Third-Party Data Sharing

We do not sell or share your data with third parties, except as required to complete transactions (e.g., payment processors) or comply with law.

11. Security and Data Protection

Faust Gallery implements appropriate technical and organizational measures to protect your data. If you have concerns about a data breach or security, please contact us immediately.

12.  Copyright Notice

All content, images, and media on faustgallery.com, including but not limited to photographs, artwork, artist biographies, written descriptions, graphics, logos, and design elements, are the exclusive property of Faust Gallery and are protected by U.S. and international copyright laws.

This copyright protection also applies to all Faust Gallery social media accounts, including content posted on platforms such as Instagram, Facebook, Pinterest, and any other affiliated channels.

No part of this website or any associated social media content may be copied, reproduced, distributed, published, transmitted, modified, displayed, or otherwise used in any form, including online or in print, without the express written permission of Faust Gallery.

13. Website & Social Media Disclaimer

By accessing or interacting with Faust Gallery’s website or social media platforms, you agree to the following terms:

13.1 Informational Use Only
All content published by Faust Gallery—including artist biographies, artwork descriptions, jewelry listings, historical narratives, and educational commentary—is for general informational and cultural appreciation purposes. While we strive for accuracy, information may reflect evolving interpretations and is not guaranteed to be factually complete. Nothing on our Platforms constitutes legal, financial, tax, investment, or appraisal advice.

13.2 No Warranties or Guarantees
All materials, images, and information are provided “as-is” without warranty of any kind, express or implied. Faust Gallery makes no representation that content is free from error or timely. All items are subject to prior sale. Availability and pricing may change without notice.

13.3 Intellectual Property & Copyright
All photographs, images, written content, branding, and digital materials on www.faustgallery.com and Faust Gallery’s social media channels are the exclusive property of Faust Gallery or its represented artists. Unauthorized use, reproduction, modification, or distribution of any content—digital or printed—is strictly prohibited without prior written consent. Legal action may be taken for unauthorized use.

13.4 External Content and Third Parties
Any links to third-party websites or mentions of external sources are provided solely for convenience. Faust Gallery is not responsible for the accuracy, reliability, or content of third-party platforms.

13.5 Community Standards and User Conduct
Comments, messages, or user-generated content that is defamatory, offensive, promotional, or unlawful will be moderated or removed at Faust Gallery’s sole discretion. Repeat violations may result in user blocking or reporting.

13.6 Jurisdiction and Venue
Use of Faust Gallery’s website and social media is governed by the laws of the State of Arizona. Any legal disputes must be resolved exclusively in the state or federal courts located in Maricopa County, Arizona. You waive the right to bring suit or claims in any other jurisdiction.

13.7 Limitation of Liability
Faust Gallery is not liable for any loss, injury, or damages—direct or indirect—arising from the use or reliance on content, including errors in artist attribution, provenance, value, or transaction disputes.

13.8 Disclaimer Subject to Change
This disclaimer may be updated at any time without notice. Continued use of Faust Gallery’s digital content constitutes acceptance of the most current version.

Unauthorized use of any content from Faust Gallery for commercial, promotional, or personal purposes may result in legal action.

To request permission to use content or for licensing inquiries, please get in touch with us directly at:
michaelfaust16@icloud.com

14. Force Majeure

Faust Gallery shall not be held liable for any delay or failure to perform any obligation under these Terms & Conditions due to events beyond its reasonable control, including but not limited to: natural disasters, fires, floods, pandemics, public health emergencies, wars, labor disputes, government orders, supply chain disruptions, power outages, transportation delays, or any other unforeseen circumstance beyond Faust Gallery’s control. In such cases, obligations may be suspended or modified without liability until performance is reasonably possible.

15. Artist Attribution Disclaimer

Unless explicitly stated in writing, Faust Gallery makes no guarantees, warranties, or certifications of authorship, authenticity, or origin of any artwork or jewelry. Artist attributions are based on the gallery’s professional opinion, provenance, stylistic analysis, and third-party information, but may not constitute definitive proof. Buyers assume all risk when purchasing unsigned or attributed works unless formal authentication is provided as part of the sale documentation.

16. International Shipping and Sales Tax

16.1. International Buyers
Buyers located outside the United States are responsible for all customs duties, VAT, import taxes, brokerage fees, or international shipping regulations applicable in their jurisdiction. Faust Gallery does not assume liability for any international restrictions or customs delays.

16.2. Sales Tax Compliance
Faust Gallery collects and remits sales tax only as required under applicable laws of the State of Arizona. Buyers located in other jurisdictions are solely responsible for reporting and paying any additional taxes due under their local regulations.

17. Abandoned Property

Any artwork, jewelry, or consigned item left with Faust Gallery for more than ninety (90) days without a signed consignment agreement, payment, or formal written communication may be deemed abandoned. Faust Gallery reserves the right to retain, dispose of, or resell such property at its sole discretion, without further notice or obligation to the original owner or potential buyer.

18. Limitation of Liability

To the fullest extent permitted by law, Faust Gallery’s total liability to any customer, consignor, or third party for any claim, whether in contract, tort, or otherwise, shall not exceed the wholesale amount for the item or service in question. Under no circumstances shall Faust Gallery be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits or goodwill. 

Final Note

By engaging in any transaction or consignment with Faust Gallery, you acknowledge and agree to these Store Policies and Terms & Conditions.