Terms of Sale


DEPOSITS/ORDER TERMS – ONLINE ORDERS must be paid for in full. IN GALLERY ORDERS, You, our customer, may have decided to make an initial partial payment of 50% of total amount of Fine Art Photographic purchase. You will have approximately 4-6 weeks from the date the order is signed to pay the total amount due. No order will be produced or shipped until the order is paid in full. Marlon Holden Fine Art will retain all rights to your Fine Art Photography order until it is paid in full. Please note that all sales are final and initial deposits are applied to the total amount due. Marlon Holden Fine Art will not provide any refunds of any amount paid in conjunction with order.

ART DELIVERY – Framed Fine Art Photography – Please allow 6-8 weeks for domestic delivery and 8-10 weeks for international delivery. All framed orders will be filled according to specifications written on your invoice. You, our customer, agrees to pay for any additional charges incurred for any changes to this order. Invoices are not processed for delivery until frame specifications are finalized and signed by you, our customer. Unframed Fine Art Photography – Please allow 4-6 weeks for delivery. Invoices are not processed for delivery until paid in full. Delivery times may be extended upon notification.

SHIPPING CHARGES – All charges for shipping, handling and insurance are the responsibility of you, the customer and are included in the total order amount. The customer is responsible for international sales orders fees, duties, custom fees, taxes and charges imposed following the purchase of the Fine Art Photography. You, our customer agree to shipping terms by signing your invoice.

DAMAGE/RETURNS – Your Fine Art Photograph is fragile. You, the customer, must inspect the Fine Art Photography immediately upon receipt of the order. If the Fine Art Photography is damaged or otherwise does not meet the specifications on your invoiced order, you, the customer, must provide written notification of Claim within three days of delivery acceptance. Claims without original crating/packaging and claims without a Marlon Holden Fine Art Return Authorization Number (RAN) will not be accepted.

TAXES – You, the Customer, are solely responsible for all and any; local, state and federal, use, VAT, excise, import fees, or other taxes related to your Fine Art Photography purchase. Marlon Holden Fine Art is later required to pay them to any taxing authority. We will expect prompt reimbursement from you, the Customer.

SALES – All sales of Fine Art Photography are final. All deposits are non-refundable. NO REFUNDS.

COPYRIGHT, REPRODUCTION AND INTELLECTUAL PROPERTY – All copyrights and trade rights to the Fine Art Photography are expressly reserved to Marlon Holden Fine Art. This agreement does not include a sale or license of the Copyright to Customer. Customer will not reproduce or copy the Fine Art Photography. Artist receives authorship credit in connection with Fine Art Photography at all times. Marlon Holden Fine Art name, signature, logo and all related product and service names, design marks and slogans are registered trademarks. All intellectual property rights are expressly reserved. Customer will not in any manner whatsoever infringe on any copyright, trademark, trade secrets, logo, patent, or other intellectual property rights.

NO WARRANTY – The Fine Art Photography or any accessories thereto and/or supplied by Marlon Holden Fine Art are sold as-is. Marlon Holden Fine Art, Artist, Galleries, employees, representatives or affiliates each make no warranty or representation, expressed or implied, including, but not limited to, the implied warranties of the merchantability and fitness of a particular purpose or use or otherwise on any parts or labor furnished during the sale, delivery and installation.

LIMITATION OF LIABILITY; INDEMNIFICATION BY CUSTOMER – Under no circumstances shall Marlon Holden Fine Art (seller), Artist, Employees, Representatives or Affiliates be liable for any indirect, punitive, special, incidental or consequential damages including but not limited to damages for loss of business, loss of profits, litigation or the like. Damages whether based on breach of agreement, breach of warranty, tort, including negligence, product liability or otherwise, arising from or result of the sale, delivery, non-delivery, installation, servicing, loss of use of the Fine Art Photography or any part thereof or any accessories thereto and/ or supplied by seller or otherwise, even if seller, artist, or any seller’s employees, representatives or affiliates have been advised of the possibility of such damages. Seller’s total liability in any event is limited to the lesser of the total amount due or the purchase price. You, the Customer, hereby release seller, Artist, Seller’s Employees, Representatives and Affiliates from all obligations, liabilities and claims in excess of this limitation. The negotiations and limitation of damages set forth above are fundamental elements of the basis of the bargain between Seller and Customer. Customer indemnifies and holds Seller, Artist and each of their respective employees, representatives and affiliates and subsidiaries harmless against any loss, cost, damage, expense or liability or personal injury which may arise as a result or, or in connection with Customer’s use of the Fine Art Photography.

DEFAULT – If customer ails to perform or breaches any obligation under this Agreement, Marlon Holden Fine Art, (seller) may terminate any part or all of this agreement unless customer cures within (10) days of sellers notification of breach. Customer will reimburse Seller for all resulting damages, including attorney’s fees and court costs to enforce the Agreement.