Terms of service
Last Updated: September 2, 2026
OVERVIEW
Welcome to Daniel Pulver Gallery. The terms “we,” “us,” and “our” refer to Daniel Pulver Gallery. Daniel Pulver Gallery operates this store and website, including all related information, content, features, tools, products, and services provided to you (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 — OUR PRODUCTS AND ARTWORK
We make reasonable efforts to accurately display and describe the artwork, products, and services offered through our online store. However, colors, textures, proportions, and other visual characteristics may appear differently depending on your device, display settings, lighting, and other factors.
Because original artwork may contain texture, layering, surface variations, and other handmade characteristics, photographs and digital images may not reproduce every physical detail of an artwork exactly.
We do not warrant that the appearance of any artwork or product purchased through the Services will appear exactly the same as depicted on your screen.
Descriptions, prices, availability, dimensions, and other product information are subject to correction or change without notice. We reserve the right to discontinue any product or artwork at any time and may limit quantities or availability where appropriate.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Daniel Pulver Gallery reserves the right to accept or decline an order for any lawful reason at our discretion. An order is not accepted until we confirm acceptance and successfully receive and process payment.
Please review your order carefully before submitting it. Because many items offered by Daniel Pulver Gallery are original or unique works of art, we may be unable to accommodate cancellation requests after an order has been accepted or prepared for delivery or shipment.
If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, or telephone number provided with the order.
Purchases are subject to our applicable refund and return policies as published on the Services.
You represent that purchases made through the Services are for lawful purposes and will not be used in violation of applicable law.
SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or artwork will generally be the price displayed at the time the order is placed and confirmed in your order confirmation.
Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping, handling, customs duties, or import charges.
Prices offered online may differ from prices offered at our physical gallery, through private commissions, at exhibitions, or through other sales channels.
You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through the Services.
You represent and warrant that payment information you provide is accurate and that you are authorized to use the payment method submitted for the purchase.
SECTION 5 — SHIPPING AND DELIVERY
Shipping and delivery times are estimates and are not guaranteed. Daniel Pulver Gallery is not responsible for delays caused by shipping carriers, customs processing, weather, natural events, governmental actions, or circumstances outside our reasonable control.
Shipping arrangements, insurance, delivery procedures, and risk of loss may vary depending on the artwork, destination, carrier, and method of delivery.
You are responsible for providing accurate delivery information and for ensuring that someone is available to receive shipments when required.
SECTION 6 — INTELLECTUAL PROPERTY
The Services and their content, including artwork images, photographs, graphics, logos, text, videos, designs, branding, product descriptions, and other materials, are owned by or licensed to Daniel Pulver Gallery and are protected by applicable copyright, trademark, and other intellectual property laws.
Unless we provide prior written permission, you may not reproduce, distribute, modify, create derivative works from, commercially exploit, publicly display, republish, download, store, or transmit our copyrighted material except as permitted by applicable law.
Purchase of an original artwork does not transfer copyright or reproduction rights in that artwork unless a separate written agreement expressly provides otherwise. Copyright and reproduction rights remain with the artist to the extent permitted by applicable law.
Nothing in these Terms grants you ownership or a license to use the trademarks, copyrights, artwork, branding, or other intellectual property of Daniel Pulver Gallery, Shopify, or any third party except as expressly stated.
SECTION 7 — OPTIONAL TOOLS
We may provide access to tools, features, or services offered by third parties that we do not control.
Such tools may be provided “as is” and “as available” without warranties, representations, or endorsements from Daniel Pulver Gallery. Your use of third-party tools is at your own discretion and may be subject to separate terms and privacy policies.
We may introduce new features, tools, or resources in the future. Unless otherwise stated, such features will form part of the Services and will be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to websites, applications, services, or content operated by third parties. Daniel Pulver Gallery is not responsible for the content, accuracy, security, availability, or practices of third-party services.
If you access a third-party service through our Services, you do so at your own discretion. You should review the applicable terms and privacy policies of third parties before engaging in transactions with them.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Daniel Pulver Gallery’s online store is powered by Shopify, which provides technology that enables us to offer the Services to you. Sales and purchases made through our store are transactions between you and Daniel Pulver Gallery.
To the extent permitted by applicable law, Shopify is not responsible for products, artwork, transactions, fulfillment, or other aspects of sales between you and Daniel Pulver Gallery.
SECTION 10 — PRIVACY
Personal information collected through the Services is handled in accordance with the Daniel Pulver Gallery Privacy Policy.
Because our online store is powered by Shopify, Shopify may collect and process certain information relating to your access to and use of the Services in order to provide its services. Information may also be processed by service providers in jurisdictions outside your place of residence.
Please review the Privacy Policy published on danielpulver.com for additional information regarding how personal information is collected, used, disclosed, and protected.
SECTION 11 — FEEDBACK
If you voluntarily submit ideas, suggestions, reviews, comments, proposals, or other feedback (“Feedback”), you grant Daniel Pulver Gallery a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for purposes related to operating, improving, or promoting the Services, subject to applicable law.
You represent that you have the necessary rights to submit any Feedback you provide and that your Feedback will not violate applicable law or the rights of another person.
We may remove Feedback that we reasonably determine to be unlawful, defamatory, obscene, fraudulent, abusive, infringing, or otherwise inappropriate.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to artwork descriptions, dimensions, pricing, promotions, availability, shipping charges, delivery times, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if material information is inaccurate, subject to applicable law.
SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other rights; transmit malicious code; engage in fraud or deceptive conduct; harass or harm others; collect personal information unlawfully; interfere with the security or operation of the Services; impersonate another person or entity; send unsolicited spam; or engage in conduct that restricts or interferes with another person’s use of the Services.
You may not reproduce, duplicate, copy, scrape, extract, sell, resell, or commercially exploit substantial portions of the Services or our content without authorization, except where such restriction is prohibited by applicable law.
We reserve the right to restrict, suspend, or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 14 — TERMINATION
We may suspend or terminate your access to all or part of the Services where permitted by applicable law, including if you violate these Terms.
Termination does not affect rights or obligations that arose before termination. Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and governing law.
SECTION 15 — DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. We do not guarantee that the Services will always be uninterrupted, secure, error-free, or available.
Nothing in these Terms excludes warranties, guarantees, or other rights that cannot lawfully be excluded or limited.
SECTION 16 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Daniel Pulver Gallery and its affiliates, officers, employees, agents, contractors, licensors, and service providers will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the Services or products purchased through the Services.
Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability will be limited only to the extent permitted by law.
SECTION 17 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Daniel Pulver Gallery and its affiliates, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, or reasonable expenses arising from your material violation of these Terms, applicable law, or the rights of a third party.
SECTION 18 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law and severed to the extent necessary. The remaining provisions will remain in effect.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with policies incorporated by reference, constitute the agreement between you and Daniel Pulver Gallery concerning your use of the Services and supersede prior agreements concerning the same subject matter.
SECTION 20 — ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations as permitted by applicable law.
SECTION 21 — GOVERNING LAW
These Terms and any separate agreements through which Daniel Pulver Gallery provides Services will be governed by applicable United States federal law and the laws of the State of Florida, without regard to conflict-of-law principles.
To the extent permitted by law, disputes arising from these Terms or the Services will be subject to the jurisdiction of the appropriate state or federal courts located in Florida.
SECTION 22 — HEADINGS
Headings are included for convenience and do not limit or otherwise affect the interpretation of these Terms.
SECTION 23 — CHANGES TO THESE TERMS
We may update these Terms periodically to reflect changes to our Services, business practices, or applicable law.
The most current version of these Terms will be published on this page. When appropriate, we will update the “Last Updated” date or provide additional notice as required by applicable law.
Your continued use of the Services after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by applicable law.
SECTION 24 — CONTACT INFORMATION
Questions regarding these Terms of Service may be directed to:
Daniel Pulver Gallery
18403 W Dixie Hwy
North Miami Beach, FL 33160
United States
Email: hello@danielpulver.com
Phone: 917-939-4996