Many of our products are made to order, specifically for you. All sales are final, except in the case of goods received damaged. Custom items, fabric yardage, wallpaper, artwork and one-of-a-kind designs are not eligible for returns. We highly recommend purchasing samples before ordering larger goods, fabrics and wallpapers. We also recommend ordering the entire amount of product you will need for your project in one order. For more information, please visit our Return Policies page.
Thanks for visiting Pearl & Maude. This website provides its services to you subject to the following conditions. Throughout these Terms and Conditions the terms “we,” “our” and “Pearl & Maude” will refer to Pearl & Maude and Teale Hatheway.
It is important to us that you have the best possible experience while using our website (“this website”) and that you are aware of the terms and conditions that apply to your use of this website. By using this website, you are agreeing to be bound by the following Terms and Conditions and any additional policies and practices set forth in the “info” section of this website.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice. Please check back periodically, as your continued use of this website following the posting of any changes to our Terms and Conditions or Info will mean that you accept those changes.
If you do not agree to these Terms and Conditions, you should discontinue viewing this site and not purchase products from this site.
When you visit Pearl & Maude or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ARTWORK AND OTHER PRODUCTS
All the artworks featured on this website were created by Teale Hatheway and are the exclusive property of Pearl & Maude and Teale Hatheway. Artworks and designs may be purchased in the formats and for the prices set forth elsewhere on this site, but we do not guarantee the availability of any particular photograph or format, and we reserve the right to modify our prices and formats, or to withdraw photographs or products from sale, at any time, for any reason, and without notice. We also reserve the right, at any time after receipt of your order, to decline to fulfill your order for any reason or to supply a quantity of prints that is fewer than your ordered quantity. If we decline to fulfill your order or if we reduce your order quantity, you will not be charged for any unfulfilled requests.
RESERVATION OF COPYRIGHT AND ALL RIGHTS
All rights to all the images on this website are reserved by Teale Hatheway and are protected by U.S. and international copyright laws. The images we share on this website are for informational purposes only and may not be used in any way except as noted below (See “Exception.”) without the prior written approval of Teale Hatheway or its authorized representatives, who are listed below. (See “For Permission.”)
PURCHASE DOES NOT CONVEY COPYRIGHT
Your purchase of a print, original artwork, or other products from Pearl & Maude or Teale Hatheway is a purchase of an authorized physical copy (or copies) of an artwork, not of copyright on that artwork or of any rights protected by copyright, including but not limited to the right to reproduce or to publish the artwork. All rights in the artworks are reserved by Teale Hatheway, and any use beyond the display and personal enjoyment of the photograph(s) you purchase requires the prior written approval of Teale Hatheway, who may withhold permission or limit any license granting permission for further use in its sole and unfettered discretion.
This reservation of rights applies equally to all photographs and other materials viewable on this website and/or offered for sale on this website regardless of format, including Limited Editions.
This means: You may not use any images from Pearl & Maude, regardless of how they are viewed or obtained, on your personal or business website, or for any commercial or noncommercial use, without first securing approval from Teale Hatheway. Such prohibited uses include—but are not limited to—use of an image as part of another website’s design, or as an avatar, icon, badge, or otherwise in connection with an account on a social media platform (for example, Twitter, Facebook, and Instagram); on T-shirts, mugs, or other objects, either alone or in connection with other text or images; in print or electronic publications (except as noted below, see “Exception”); in visual or audiovisual compositions or productions; or as the basis for any product or service. Altering a photograph with respect to size, color, composition, or other qualities, or the addition of other elements to a photograph, does not exempt you from these restrictions, and is not permitted without prior written approval.
If you wish to reproduce, modify, or otherwise use a photograph or other materials you have viewed on this website, please contact us for permission as noted below. Although we prefer not to engage in litigation or other legal action, we take violations of our intellectual property rights seriously and will take action to protect our rights and to obtain the legal remedies available to us.
Exception: You may use images from this website as part of a review, article, or blog post specifically about Pearl & Maude or Teale Hatheway as long as your use of the images is accompanied by a link to this website and a credit line stating: “Images are copyrighted by Teale Hatheway of Pearl & Maude. All rights reserved.”
Pearl & Maude trademarks and trade dress may not be used in connection with any product or service that is not Pearl & Maude’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pearl & Maude.
LICENSE AND SITE ACCESS
Pearl & Maude grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pearl & Maude. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pearl & Maude. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pearl & Maude without express written consent. You may not use any meta tags or any other “hidden text” utilizing Pearl & Maude’s name or trademarks without the express written consent of Pearl & Maude. Any unauthorized use terminates the permission or license granted by Pearl & Maude. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Pearl & Maude so long as the link does not portray Pearl & Maude, its products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Pearl & Maude logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Pearl & Maude reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Pearl & Maude are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We make no representation that photographs or other materials on this site are appropriate or available for use, purchase, or shipment to all locations outside the United States. If you are visiting this website from outside the United States you acknowledge that you are doing so of your own initiative and that you agree to comply with any local laws that apply to you. If you purchase a photograph or other product from this website and we are prohibited by U.S. law from sending it to the foreign address you designate, we will notify you and will either not process your order or will promptly refund any sums you have already paid to us.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, including any violation by you of these Terms and Conditions, shall be filed only in the state of federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any provision of these Terms and Conditions shall be 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 of the remaining provisions.
MEMBERSHIPS AND RENEWAL
If you have a Collectors’ Circle Paid Membership, your payment to Pearl & Maude will automatically renew at the end of the membership period, unless you cancel your Collectors’ Circle Paid Membership through your My Account page before the end of the current membership period. The cancellation will take effect the day after the last day of the current membership period, and your membership will expire.
Pearl & Maude may change the price for Collectors’ Circle Paid Memberships from time to time, and will communicate any price changes to you. Price changes for Paid Memberships will take effect at the start of the next subscription period following the date of the price change.
Permission to use an image in any manner other than as description under “Exception,” above, should be sent to firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Pearl & Maude ON AN “AS IS” AND “AS AVAILABLE” BASIS. Pearl & Maude MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Pearl & Maude DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Pearl & Maude DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Pearl & Maude ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Pearl & Maude WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.