CONDITIONS and TERMS

Keep scrolling to read my privacy policy

I, Ann Vanatta Gutierrez, am the sole proprietor of "halfpeeledbanana fine art" and "halfpeeledbanana.com". I will use these terms interchangeably in the following agreement since we are one and the same.

If you have questions about any of my policies or procedures, please don't hesitate to contact me:

click on this link to contact me via the website
by email ann@halfpeeledbanana.com
by phone 720-772-6611
or by cell phone/text 252-573-3533

Yes… prepare to read a bit of legalese…

Our agreement is as follows:

These terms and conditions which include halfpeeledbanana.com’s Privacy Policy govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not, and please do not use this website.

I, Ann Vanatta Gutierrez, am the sole proprietor of "halfpeeledbanana fine art" and "halfpeeledbanana.com". I will use these terms interchangeably in the following agreement.

Copyright and intellectual property

Unless otherwise stated, all materials on halfpeeledbanana.com, including without limitation, the site name, URL, any logos, prints, photos, blog posts, design and nearly everything else on the site, are the property of Ann Vanatta Gutierrez and are protected by copyright and intellectual property law. You may not use any such materials, personally or commercially without my express written permission.

Acceptable use of halfpeeled content

You may view and purchase items from this website for your own personal use, subject to the provisions set out below and in other sections of this agreement.

Unless you request and receive written permission from me, you are not permitted to:

edit or otherwise modify any material on the website.
republish material from this website (including republication on another website or republication in print form) without prior notification and properly giving written credit to the creator (me) alongside said material.
rent, sub-license or sell material from the website (that's my job!).
reproduce, duplicate, copy or otherwise exploit material on this website for any purpose, whether personal or commercial.
use any of my art or information for your own marketing endeavors.

If you would like to include any of my information on your website or blog; or would like me to design marketing materials, invitations, note cards, business cards, or other publications for you or your company, please contact me. Sounds like fun!

I will gladly work with you. Just don't steal my work and ideas for yourself . Thanks.

Unacceptable use of halfpeeledbanana.com

 You are not allowed to use this website for any malicious, fraudulent, harmful or illegal activity, or in any way that may cause damage to the website. In no way shall you:

use this website to send, publish, use, transmit, host, copy, distribute or store material that is linked to or consists of any computer virus, spam, worm, spyware, or any other computer software or malware that could potentially harm the accessibility or proper functioning of halfpeeledbanana.com

Disclaimer of Liability

Although bright and shiny, your new items (especially flowers)

are NOT light sabers, magic wands, chew toys, kitchen utensils, or any other tool or toy.
may contain sharp edges or objects (i.e. pins)
could possibly become a choking hazard if you decide that they are edible. THEY ARE NOT!!
are not intended for young children, adults acting like young children (regardless of sobriety level), or animals/pets.

Here's some legalese for you...

halfpeeledbanana fine art and Ann Vanatta Gutierrez will not be held responsible legally, personally or financially in the event of any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the customer, regardless of use. Your new art is intended to be used as such... as art ON DISPLAY.

please enjoy your art responsibly!!

You hereby indemnify Ann Vanatta Gutierrez/halfpeeledbanana fine art against any losses, costs, damages, liabilities and expenses (including without limitation legal expenses and any amounts paid by Ann Vanatta Gutierrez to a third party in settlement of a claim or dispute on the advice of Ann Gutierrez's legal advisors) incurred or suffered by Ann Gutierrez arising out of any breach by you of any provision of these terms and provisions.

No Warranties (a.k.a. more legalese)

halfpeeledbanana.com is provided "as is" and makes no warranties, expressed or implied, guarantees or conditions with respect to the website, information and materials provided on the website, and products sold through halfpeeledbanana fine art.

I cannot guarantee that this website will be constantly available, nor can I guarantee that the information on this website is complete, true, accurate or non-misleading. I do my best to deliver honest, accurate and detailed information, but sometimes I mess up!
Nothing on this website is meant to constitute advice of any kind. I am not a therapist, attorney, nor a "life coach". I do express my opinions and thoughts about life in general, and if you do not agree with my "words to live by", you may choose not to visit halfpeeledbanana.com.
You understand that your use of this website, your purchase, and use of said purchase is at your own risk.
You assume the entire risk as to the product's quality, performance, and longevity once it is delivered to you. Please visit this website’s FAQs for care instructions and tips (https/:www.halfpeeledbanana.com/other-stuff).
You accept that as a sole proprietor, I have an interest in limiting any personal liability arising from the use of this website and the products I offer.
You agree that you will not bring any claim personally against halfpeeledbanana fine art, halfpeeledbanana.com or Ann Vanatta Gutierrez in respect of any losses you suffer in connection with the website.

If any provision of this website disclaimer is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Product display and colors

I attempt to display product images and colors accurately, but I can not guarantee that the color you see on your monitor will exactly match the product’s color.

While creating custom flowers, I often create them blind… meaning that I mix paints, adhesives, glitter etc. together, apply them to the flower core, and then I must wait until the surface dries to reveal the final color. It’s a lot of fun to see just what turns out, yet in working in this manner, it is always a surprise & it guarantees that no two flowers will be exactly alike. It’s art. If you are looking for exact replicas of an item, please purchase prints instead of commissioned pieces.

Errors on site

I work hard to publish information that is accurate, update the website regularly, and correct errors when discovered. However, any of the content on halfpeeledbanana.com may be incorrect or out of date at any given time. I reserve the right to make changes to the website at my discretion , including to product prices, specifications, descriptions, offers and availability.

If you notice an error, please contact me and let me know.

BTW... halfpeeledbanana is all one word and all lower-case. This is not an error.

In the off chance that an item price is incorrect in this website’s store and you have already paid for your item... please contact me about the discrepancy, at which point you will be immediately refunded the overcharged amount to your original form of payment.

Payments & Pricing

Prices on the website do not include shipping & handling or applicable taxes. I am required by law to collect sales tax on sales delivered to all Colorado, Arapahoe County, and Englewood addresses. The percentage of tax collected will depend on the shipping address you supply at checkout. No taxes will be collected/charged for out of state sales.

Full payment is required when you place your order on halfpeeledbanana.com. This happens during checkout. If for some reason your payment is not cleared due to insufficient funds or other issues, halfpeeledbanana has the right to cancel your transaction and your order will not be fulfilled.

Your online order is processed either through Stripe (credit cards and Apple Pay) or through Pay Pal. Your purchase will show up on your statement as a purchase from “halfpeeledbanana fine art”. Please read the Privacy Policy (which is an integral part of this agreement) for details about the privacy of your payment information. (https/:www.halfpeeledbanana.com/privacy).

Accepted forms of payment:

Visa, MasterCard, AMEX, Discover, Apple Pay (on supported devices), and PayPal.
Sorry, no checks, money orders, or trading for chickens.
If you know me personally, I accept cash & can meet with you to deliver your order & save you the cost of shipping!
If I don’t know you, sorry… gotta go through the website.

Custom flower orders and commissioned artwork are handled a bit differently...

We will negotiate payment together for the finished product.
After we have a set order, price and game plan in place, I will send you an invoice due upon receipt.
For large projects, including “big girl” garden art, please expect at least a 50% payment due at the time the order is placed.
The remainder will be invoiced upon completion & delivery.
Accepted forms of payment are the same as listed above.

Personal information and privacy

Oh yeah... there's more... Please read my PRIVACY POLICY for information about how your personal information is collected & used. (or visit https/:www.halfpeeledbanana.com/privacy). The Privacy Policy is also part of our agreement, so please take the time to read it and make sure you agree with it!

Breaches of these terms and conditions

Without prejudice to halfpeeledbanana fine art's other rights under these terms and conditions, if you breach these terms and conditions in any way, halfpeeledbanana fine art may take such action as halfpeeledbanana fine art deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Don't mess with me... please.

These terms and conditions will be construed in accordance with and governed by the state of Colorado and U.S. law. These terms and conditions, along with my Privacy Policy constitute the entire agreement between you and halfpeeledbanana fine art in relation to your use of this website, and supersede all previous halfpeeledbanana.com website useagreements.

Policy change

Halfpeeledbanana Fine Art reserves the right to alter and update these terms and policies at any time. Any changes will be posted on this website. You are advised to check and revisit this policy regularly, as it may have changed since your last visit.

These Terms & Conditions (including the Privacy Policy, Shipping & Handling, and FAQs) are current, and were last updated October 1, 2017.

 Was all of that information reasonable?

By using halfpeeledbanana.com, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable to you.  

If you do not think they are reasonable, you must not use this website. Bye.

If you actually read through this whole thing... WHEW!! You did it! Thank you!

PRIVACY POLICY

This privacy notice is an integral part of our Terms and Conditions agreement.

I completely respect your privacy. I even knock before entering the restroom. This Privacy Policy outlines what type of personal information is collected, how it's secured, and how it's used.

Your personal information

If you choose to join my mailing list during checkout or by filling out the sign-up form at the bottom of the site, I only have access to your full name and email address.

I will use your information to contact you about your order; send you updates, notices of major changes in policy, special discounts, event announcements and other marketing material in order to keep you "in the loop" of what's going on.
You will receive a welcome email to ensure that you intended to sign up.
you may unsubscribe at any time from the mailing list by clicking "unsubscribe" at the bottom of any marketing email.
You can also email me at ann@halfpeeledbanana.com and I will ensure that your email address is deleted from the list.

My mailing list named "one of the bunch" is kept and managed by MailChimp, a well-known marketing automation company.

Your information is stored in a secure MailChimp server.
They also have a strict privacy policy that you can access by visiting www.mailchimp.com/legal/privacy.

I do not sell, license or otherwise share your information with anyone

with one exception:

If I am required by law and under duty to disclose or share your personal data in order to comply with a legal obligation, I may disclose your information to a relevant authority.
Any disclosure of personal information will be strictly controlled and made fully in accordance with current U.S. law.

Cookies

Due to the nature of running a website, my host (Squarespace) and Google Analytics collect information about pages you visit, where you click, and other measurements of user interactions with the site.
To better understand how Google collects cookies and other information, please google "how Google Analytics uses cookies".
I have access to this information, and use it to better the experience, ease of use, and general flow of visiting halfpeeledbanana.com; and to better understand my audience and how they (you) use the site.
You can choose to limit/change how your browser uses cookies. The option to disable cookies is normally found in your browser's security settings.
Just be warned that permanently disabling cookies may hinder the use of this and other websites & interactive services.

Your payment information

Your payment information is processed through Stripe (credit cards and Apple Pay) or PayPal.

Both are extremely secure payment processors, using SSL & other security measures.
During check out, your privacy rights are governed by each service's privacy policy. You can explore how these third-party payment processors use and protect your information by checking them out independently.
I never personally see your billing information.
If you are paying via invoice for commissioned pieces or custom flowers, your purchase may be processed by Square, which I use for most invoicing and face-to-face transactions. More info @ www.squareup.com

More common-sense stuff

If you post any information on public areas of halfpeeledbana.com such as comments, pictures, reviews... that information may be collected and used by me or the general public.
I strongly recommend that you do not post any information on halfpeeledbanana.com that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

By posting information on the website, you grant halfpeeledbanana.com a worldwide, non-exclusive, irrevocable royalty-free license to use, adapt, publish and distribute your content in any current or future media.

Please be respectful of other site visitors, and do not post anything that may be construed as offensive, defamatory, or hurtful to others.
Do not infringe on the rights of others.
This is a family friendly website, so please do not use explicit language.
Halfpeeledbanana.com reserves the right to remove any such information or posts without notice or reason.
Play nice and keep it clean!

My website exists for informational, promotional and shopping purposes only.

The opinions expressed are mine, and if you do not agree with them, feel free to not choose halfpeeledbanana.com while surfing the web.

Social media links are provided for your convenience on the website.

If you choose to click on these links, you will be redirected to that third-party site, and it's out of my hands at that point.
Information you find on your social networks is your business, not mine.
Please do not let this stop you from sharing information, images and products you find on halfpeeledbanana.com on your social platforms! Just be sure to give credit where credit is due. Sharing is caring. Thanks!

have fun & enjoy the colors of life!

thank you for supporting my art habit!

ann🍌