Terms and Conditions:

Thank you for the interest in Robert Collins’ Photography.

Contained herein are the full terms and conditions applying to purchase of art from

www.imagebyrobert.com (hereinafter: "Website")

By clicking on the "Send Registration" (Buy Now) button,

you (hereinafter: "Purchaser") are consenting to become a party to this Agreement of

Purchase and Sale of a Photograph (hereinafter: "Artwork") with Robert Collins

(hereinafter: "Seller") and to be bound by all the terms included herein.

1. Subject of Agreement: The Purchaser wishes purchase an Artwork or to

commission the Seller to create an Artwork. The Purchaser will receive the

photograph according to the specified dimensions.

2. Geographical Shipping Restrictions: Currently, the Artwork can be shipped

with 100% insurance only to locations within USA and Canada. Purchasers from

other countries need to contact the Seller to confirm if shipping is possible to their

location.

3. Painting Samples Online: The Website has a gallery of digital photographic

images that represent Artworks. These photographic images remain solely the

property of the Seller.

4. The Website Ordering Process: To order an Artwork, Purchaser fills in the

Order Form, which is automatically displayed online if the painting is available

for sale. After selecting the shipping destination, Purchaser will be redirected to

the secure payment page to complete the transaction. For alternative methods of

payment Purchaser needs to contact Seller using online form on Website before

placing an order.

5. For the eBay Buying and Bidding processes and Term and Conditions please

refer to www.eBay.com Web site.

6. Order Total: The "TOTAL" on the Order Form is defined as (a) the selling price

for the Artwork, plus (b) sales, or any other taxes that Seller is required to collect

pursuant to applicable law, plus (c) shipping costs, customs duties (if applicable)

and insurance charges. Unless exempt by law, Seller may be required to pay sales

tax, or other applicable transactional tax. Seller is obligated to determine whether

taxes apply for the Purchaser residing in the United States of America and is

responsible to collect, remit and report any sales or use taxes arising from any

transaction. The Purchaser may be subject to pay other tax in Purchaser's province

or state of domicile. It is the Purchaser's responsibility to determine whether other

taxes apply to the transactions and to report and remit the correct tax to the

appropriate tax authority.

7. Packing and Shipping: Seller will be responsible for the cost of packing the

Artwork, and the Purchaser will be responsible for the cost of shipping and

insuring the Artwork while in transit to Purchaser or to shipping recipient if

different than the Purchaser. The Artwork shall be shipped by Seller within 21

business days from the time of receipt of payment from the Purchaser, unless

otherwise communicated to the Purchaser. Seller is not responsible for shipping

delays or omissions caused by the carrier (Canada Post and/or UPS).

8. Packing and Insurance: The Artwork will be professionally packed and insured

during transit to cover any damage or non-delivery. Purchaser must check all

deliveries upon arrival. If the Artwork is damaged, Purchaser must inform Seller

immediately to arrange a refund, exchange or replacement.

9. Refund Policy: Seller will process returns and refunds within 14 days of delivery.

Purchaser will receive a full refund of the cost of the Artwork less shipping and

handling costs and eBay/PayPal fees as soon as Seller has received the Artwork

back in original condition. Purchaser is responsible for the costs of returning the

Artwork to Seller. The refund will be give in the form of Merchandise Credit,

which can be used towards purchasing another Artwork within 6 (six) months.

10. Copyrights: Copyrights of the Artwork remains the property of Seller. Purchaser

may not reproduce an image of the Artwork and may not, at any time, publish or

submit for publication or reproduction any image of the Artwork to any third

party including any internet website for any purpose.

11. Limitations of Guarantees: All Artwork offered on the Website is sold subject

to the specific warranty and guarantee as to physical condition and title set forth.

Other than as set forth in the specific warranty and guarantee, all Artwork is sold

to Purchasers "AS IS," and Seller makes no guarantees, warranties or

representations, expressed or implied, to any Purchaser with respect to the

Artwork, including without limitation its merchantability, fitness for a particular

purpose, quality, importance, provenance, exhibitions, literature or historical

relevance of the Artwork or otherwise. No statement anywhere, whether oral or

written, shall be deemed such a guarantee, warranty or representation. Please note

that Seller makes no representation or warranty as to whether the Purchaser

acquires any reproduction rights or other intellectual property rights in the

Artwork.

12. Sole Remedy: It is specifically understood and agreed that with respect to any of

the representations or warranties set forth, the rescission of a sale and refund

pursuant to this paragraph and General Terms and Conditions is the sole and

exclusive remedy that is available to the Purchaser as a matter of law, or in equity.

The Purchaser shall not be entitled to any incidental or consequential damages

incurred or claimed.

13. Refusals: Seller may refuse to process a transaction for any reason or refuse

service to anyone at any time in its sole discretion. Seller will not be liable to any

Purchaser or third party by reason of Seller's withdrawing any Artwork before the

end of the sale period; removing, screening or editing any materials or content on

the Website; refusing to process a transaction or unwinding or suspending any

transaction after processing has begun.

14. Title; Risk of Loss: When Seller delivers the Artwork to the shipper for shipment

to the Purchaser, title to the Artwork and risk of loss will pass to the Purchaser. If

the Purchaser collects the Artwork from Seller or the Seller in person, title to the

Artwork and risk of loss will pass to the Purchaser upon delivery to Purchaser. If

the Artwork is damaged in transit, the Purchaser should contact the shipping agent

and process a claim under the applicable insurance policy. Seller is not obligated

to take an Artwork back under this Agreement if the Artwork was damaged in

transit. Seller is obligated to insure all Artworks and Seller is to provide

reasonable assistance to help the Purchaser resolve damage claims with the

insurer.

15. Remedies for Purchaser's Failure: If any applicable conditions of this

Agreement are not complied within a timely manner by the Purchaser, in addition

to other remedies available to Seller by law or in equity, including without

limitation the right to hold the Purchaser liable for the Order Total, Seller may, at

its option, cancel the sale and re-offer the Artwork on the Website or sell it

privately. In addition, Seller may hold the Purchaser liable for any and all costs of

collection or re-offer, handling charges, late charges of 20% per annum (or the

highest rate allowed under applicable law), commissions and any legal fees and

expenses.

16. Compliance with Laws: The Website may be used only for lawful purposes and

in a lawful manner. Purchaser agrees to comply with all applicable laws, statutes

and regulations regarding use of the Website and any transactions conducted on or

through the Website.

17. Fraud: Purchaser may not purchase any Artworks under a false name or use an

invalid or unauthorized credit card. Purchaser may not purchase orders under a

false name, impersonate any participant. Such fraudulent conduct is a violation of

federal and state laws. Fraudulent conduct may be reported to law enforcement

authorities, and Seller will cooperate to ensure that violators are prosecuted to the

fullest extent of the law.

18. Monitoring: Seller has the right, but not the obligation, to monitor any activity

and content associated with the Website. Seller may investigate any reported

violation of the Website policies or complaints and take any action that it deems

appropriate (which may include, but is not limited to, issuing warnings,

suspending or terminating service, denying access and/or removing any materials

on the Website).

19. Termination: Seller in its sole discretion, may terminate, without notice for any

reason, the right of any user to purchase online or to access the Website.

20. Limited License: Seller grants a limited license to each user of the Website to

make personal use of the Website only for purchasing on the Website. This

license expressly excludes, without limitation, any resale or commercial use of the

Website, making any derivative of the Website, the collection and use of

participant e-mail addresses or other participant information, ratings or listings, or

any data extraction or data mining whatsoever, including without limitation the

reproduction of images found on the Website for any use other than viewing the

property for the purpose of considering a purchase.

21. Privacy: Seller is committed to protecting Purchaser's privacy. The Privacy

Policy may be changed by Seller in the future. Purchaser should check the Privacy

Policy frequently for changes. Notwithstanding any provision of the Privacy

Policy, however, please note that (a) Seller may share any information concerning

potentially fraudulent activities on the Website, and any other information it may

obtain or possess regarding any user of the Website with its affiliates; (b) Seller

reserves the right to report any activity that it suspects violates any law or

regulation to appropriate law enforcement officials, regulators, or other third

parties and (c) in order to cooperate with governmental requests, to protect Seller

systems and customers or to ensure the integrity and operation of Seller's business

and systems, Seller may access and disclose any information it considers

necessary or appropriate, including, without limitation, user contact details, IP

addressing and traffic information, usage history and posted content. In addition,

each Purchaser acknowledges and agrees that Shipper will be provided with

Purchaser's name, city, state and telephone number, (and, if different, the

telephone number for the shipping recipient) in order to arrange shipment. Unless

otherwise authorized or consented to by Seller, Purchaser agrees not to use any

information regarding other participants that is accessible from the Website or

disclosed to Purchaser by Seller except to enter into and complete transactions on

and through the Website. Without limiting the generality of the foregoing,

Purchaser agrees not to use any such information for purposes of solicitation,

advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or

otherwise objectionable conduct.

22. Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN "AS IS"

AND "AS AVAILABLE" BASIS. SELLER MAKES NO REPRESENTATIONS

OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH

RESPECT TO THE WEBSITE, ANY PROPERTY OFFERED ON THE

WEBSITE OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON

OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION: THE

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; THAT THE

WEBSITE WILL MEET PURCHASER'S REQUIREMENTS, WILL ALWAYS

BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR

OPERATE WITHOUT ERROR; ANY IMPLIED WARRANTY ARISING

FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY

OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT,

WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SELLER. TO

THE FULL EXTENT PERMISSABLE UNDER APPLICABLE LAW, Seller

DISCLAIMS ANY AND ALL SUCH WARRANTIES.

23. Waiver of Claims: SELLER IS NOT RESPONSIBLE FOR THE

DESCRIPTIONS OF ARTWORKS PROVIDED BY A SELLER. IF A DISPUTE

ARISES REGARDING AN ARTWORK OR ITS DESCRIPTION, Purchaser

RELEASES Seller, ITS AFFILIATES (AND EACH OF THEIR DIRECTORS,

OFFICERS, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS,

CAUSES OF ACTION, LIABILITIES AND DAMAGES (WHETHER DIRECT,

INIDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL) OF EVERY

KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND

UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR

IN ANY WAY CONNECTED WITH SUCH DISPUTES.

24. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, SELLER AND ITS AFFILIATES WILL NOT BE

LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT

LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND

CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,

FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN

CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE INABILITY

TO USE THE WEBSITE OR THOSE RESULTING FROM ANY GOODS OR

SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR

TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.

25. Ownership: All content included on the Website, such as text, graphics, logos,

button icons, images, audio clips and software, is the property of Seller, its

licensors, their affiliates, or other content suppliers and is protected by Canadian,

U.S. and foreign copyright laws and international conventions. As between

Purchaser and Seller, the compilation meaning the collection, arrangement and

assembly) of all content on the Website is the exclusive property of Seller or its

licensors and is protected by Canadian, U.S. and foreign copyright laws and

international conventions. All software used on the Website is the property of

Seller or its affiliates and their software suppliers and is protected by Canadian,

U.S. and foreign copyright laws and international conventions. The content and

software on the Website may be used as a shopping resource. Any other use,

including the reproduction, modification, distribution, transmission, republication,

display or performance of the content on the Website, is strictly prohibited.

26. Notice of Intellectual Property Rights: Trademarks, service names, graphics,

logos and other identifiers ("Trademarks") noted on the Website with an ©, ® or

TM are the registered trademarks or trademarks respectively of Seller or its

affiliates. No Trademark may be used in connection with any products or services

without the express prior written approval of the owner of the applicable

Trademark.

27. Applicable Law: This Agreement shall be governed by and construed under the

laws of the Province of Ontario, Canada applicable to agreements made and fully

performed therein. It contains the entire understanding between the parties

concerning its subject matter, and no modification is binding unless in writing and

signed by the party to be bound.

28. Place of Contract: The contract between the Purchaser and Seller will be

completed when the Purchaser has purchased the Artwork through the Website.

The sale contract is therefore completed in the Province of Ontario, Canada.

29. Governing Language and Translations: English shall be the language of the

Website, and all transactions occurring in connection with the Website, and all

users waive any right to use and rely upon any other language or translations. This

Agreement may be presented in languages other than English for the convenience

of our users. All Users and Purchasers specifically agree that the English language

version of this Agreement shall control in the event of any inconsistency between

that version and any version presented in languages other than English.

30. Notices: To be effective, notices to Seller relating to this Agreement, the Website

or any transaction conducted on or through the Website must be given in writing

and must be sent by registered letter, receipted commercial courier, or

electronically receipted facsimile transmission (acknowledged in like manner by

the intended recipient) at the Sellers addresses (provided upon request).

31. Severability and Non Waiver: If any provision of this Agreement shall be

deemed unlawful, void, or for any reason unenforceable, then that provision shall

be deemed severable from these terms and conditions and shall not affect the

validity and enforceability of any remaining provisions. Seller's failure to exercise

or forbearance from exercising any rights or remedies, or failure to enforce or

forbearance from enforcing, the strict performance of any provision of this

Agreement, will not constitute a waiver of Seller's right to exercise such rights or

remedies or enforce such provision or any other provisions of this Agreement in

that or any other instance. Any waiver of any provision of this Agreement by

Seller must be made in writing and signed by an authorized representative of

Seller specifically referencing this Agreement and the provision to be waived.

32. Entire Agreement: This Agreement constitutes the entire agreement between the

parties with respect to the subject matter hereof and supersedes and cancels all

prior and contemporaneous agreements, claims, representations and

understandings of the parties in connection with the subject matter hereof.