All artwork is the sole property of Kala White and is held under copyright (even after purchase - more info here). The images, artwork, and contents of this website may not be copied, collected, or used for personal or professional gain without the written permission from Kala White. All images of artwork, sold or otherwise, are retained by Kala White.

Images on this site taken by Chelsea Lane Photography or Kala White

Return Policy

Every order, commission, and sale is handled with care. My goal is for you to be completely thrilled with your purchase! Please read below to see how I can help you.

Can I return the artwork I purchased? All paintings, prints, products, gifts and sale items are final sale.

If you are not satisfied with your purchase, please let me know so I can help. All goods must be checked upon receipt. Please contact me within 10 days of receipt if you have any questions about the products you have received.

How long do I have to return or exchange a print? Print returns and exchanges are accepted within 7 days of receipt. Please note that this timeline is flexible during the winter holiday season.

My artwork arrived damaged OR was not delivered. What do I do? For damaged artwork, please email shop@kalawhiteart.com with your order number and a picture of the damaged art. We will handle these situations on a case by case basis. For lost or stolen packages, check in with your delivery service (USPS or UPS, domestically or internationally).

Please email shop@kalawhiteart.com if you have any questions about your order, and we will work with you to provide the best service!

Information

Your privacy is very important to us. We do not share any personal, demographic, or financial data with any third party. We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

Security

Payment information is not retained by the Kala White Studio and we take precautions to protect your information during this process. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way through a Payment Processing System (Stripe or Paypal, depending on our preference at checkout).

Privacy Policy

By using the KalaWhite.com website, you consent to the data practices described in this statement. 

Collection of your Personal Information

In order to better provide you with products and services offered on our Site, Kala White may collect personally identifiable information, such as your:

• First and Last Name

• Mailing Address

• E-mail Address

• Phone Number

When you purchase Kala White's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction but is help in an encrypted and secure payment processing service (Stripe.com or Paypal). The Kala White Studio has no access to this information.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

Kala White collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Kala White may also use your personally identifiable information to inform you of other products or services available from Kala White and its affiliates.

Sharing Information with Third Parties

Kala White does not sell, rent or lease its customer lists to third parties.

Kala White may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Kala White, and they are required to maintain the confidentiality of your information.

Kala White may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Kala White or the site; (b) protect and defend the rights or property of Kala White; and/or (c) act under exigent circumstances to protect the personal safety of users of Kala White, or the public.

Tracking User Behavior

Kala White may keep track of the websites and pages our users visit within Kala White, in order to determine what Kala White services are the most popular. This data is used to deliver customized content and advertising within Kala White to customers whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by Kala White. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Kala White website.

Use of Cookies

The Kala White website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Kala White pages, or register with the Kala White site or services, a cookie helps Kala White to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Kala White website, the information you previously provided can be retrieved, so you can easily use the Kala White features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Kala White services or websites you visit.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Children Under Thirteen

Kala White does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

E-mail Communications

From time to time, Kala White may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Kala White or click on a link therein.

If you would like to stop receiving marketing or promotional communications via email from Kala White, you may opt out of such communications by selecting "unsubscribe" at the bottom of a newsletter.

Changes to this Statement

Kala White reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information

Kala White welcomes your questions or comments regarding this Statement of Privacy. If you believe that Kala White has not adhered to this Statement, please contact Kala White at:

Kala White

shop@kalawhite.com

_________________

188 Pinners Cove Dr.

Asheville, North Carolina 28803 

Effective as of September 1, 2020

Agreement between User and Kala White Studio

Welcome to the Kala White Studio. The KalaWhite.com website (the "Site") is comprised of various web pages operated by the Kala White Studio. KalaWhite.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of KalaWhite.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Kala White Studio (and KalaWhite.com) is an service and commerce company offering Fine Art Paintings, Commissioned Paintings, Reproductions, Other Products & Goods, and all other products or services

Rights to Artwork and Images

All artwork, images, and graphics are the sole property of Kala White and may not be used by any third party without written permission.  

Copying or reproducing artwork created by Kala White (as seen on KalaWhite.com, or elsewhere) is strictly prohibited without written permission from the artist.  

The Kala White Studio retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business.  

The Kala White Studio retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.   

The Kala White Studio retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Kala White UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.

Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork. 

Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artists name).

All other uses must be agreed to in advance in writing. 

shop@kalawhite.com

Electronic Communications

Visiting KalaWhite.com or sending emails to the Kala White Studio constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Kala White Studio is not responsible for third party access to your account that results from theft or misappropriation of your account. the Kala White Studio and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

The Kala White Studio does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use KalaWhite.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Reproductions and non-original products: You may cancel your order within the first 24 hours. After 24 hours all sales are final. Returns and exchanges are handled on a case by case basis. We are not liable for any mishandling or failed delivery by the shipping service (USPS or UPS). Please contact shop@kalawhite.com within 7 days of receiving your artwork. 

Original Paintings: All sales of original artwork are final.  Returns or exchanges of original work are not available except for the most extreme situations. 

Links to Third Party Sites/Third Party Services

KalaWhite.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Kala White Studio and the Kala White Studio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Kala White Studio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Kala White Studio of the site or any association with its operators.

Certain services made available via KalaWhite.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the KalaWhite.com domain, you hereby acknowledge and consent that the Kala White Studio may share such information and data with any third party with whom the Kala White Studio has a contractual relationship to provide the requested product, service or functionality on behalf of KalaWhite.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use KalaWhite.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to the Kala White Studio that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Kala White Studio or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Kala White Studio or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Kala White Studio content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Kala White Studio and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Kala White Studio or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by the Kala White Studio from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kala White Studio Content accessed through KalaWhite.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless the Kala White Studio, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Kala White Studio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Kala White Studio in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Kala White Studio agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE KALA WHITE STUDIO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE KALA WHITE STUDIO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE KALA WHITE STUDIO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE KALA WHITE STUDIO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE KALA WHITE STUDIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

The Kala White Studio reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Kala White Studio as a result of this agreement or use of the Site. The Kala White Studio's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Kala White Studio's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Kala White Studio with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Kala White Studio with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Kala White Studio with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Kala White Studio reserves the right, in its sole discretion, to change the Terms under which KalaWhite.com is offered. The most current version of the Terms will supersede all previous versions. The Kala White Studio encourages you to periodically review the Terms to stay informed of our updates.

Contact Information

Kala White welcomes your questions or comments regarding this Statement of Privacy. If you believe that Kala White has not adhered to this Statement, please contact Kala White at:

Kala White

shop@kalawhite.com

_________________

188 Pinners Cove Dr.

Asheville, North Carolina 28803 

Effective as of September 1, 2020