Privacy & Security Policies

Privacy Policy

At 3 Pears Gallery, your privacy is very important to us. We want to assure you that we respect and honor your  requests to restrict and protect personal information.

We collect information from you online when you purchase merchandise through our website by asking you to provide personally identifiable information regarding your name, billing address, e-mail address, telephone number(s), and shipping information. Information we collect, we generally do not share this information with anyone outside of the company or its agents, except as described below (please see below for more details on how we use the information).

3 Pears Gallery collects and uses personally identifiable information to complete transactions, to track and verify orders, to respond to inquiries, and to send you information about events, offers and promotions. We share your information with certain third parties, processors of credit card transactions for example, who help us perform the functions just described. We do not share your personally identifiable information with third parties, with certain exceptions. We may share information if we are legally required to do so, such as in an investigation, legal process or legal proceeding.

By using our website, you consent to our collection and use of your information as described in this Privacy Policy. 3 Pears Gallery reserves the right to modify this Privacy Policy and related business practices at any time by positing updated text on this website.

If you need to make changes to your personal information or have questions regarding our Privacy Policy you may contact us greg@3pearsgallery.com or 802-770-8820

Children’s Online Privacy

The Children’s Online Privacy Protection Act took effect April 21, 2000, and pertains to websites directed toward children less than 13 years of age. We do not collect information on any person under 13 years of age. We request that children do not submit information to us without the consent of a parent or guardian.

Cookies

We use cookies to provide visitors a personalized experience while shopping on our website. Cookies are small pieces of information that a website or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and store temporary record keeping information. We may use cookies to collect other information during your visit to our site, such as the particular areas you visit and the products you buy through our site. We collect this information to better tailor our website and our products to your interests and needs as well as for serving ads across the web via third-party vendors, including Google, based on your past visits to our website. Cookies may also be used to help speed up our future activity at our site.

Most Internet browsers automatically accept cookies. You may set your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit.

Refusal of cookies may result in some features being disabled and an inability to visit certain areas of our site or to receive personalized information when you visit our site.

E-mail Addresses

We use the email address you provide to communicate with you regarding your orders and other transactional matters. We may also use your email address to share with you information about other 3 Pears gallery offerings, services and events that may be of interest to you. You may opt out of receiving such promotional messages from us at any time. If we do send you a promotional email, you will have the option to decline similar emails from us in the future. 

We retain information provided by you, such as registration information, transaction information (e.g., purchase dates, as well as amounts and types of purchases) and contact information (e.g., name, address, phone number).

Information Disclosure

We do not share, sell, lease or rent information about our customers to unaffiliated third parties, except in the following circumstances:

We may share information with companies that provide support services to us, such as a printer, mailing house, fulfillment company, credit card processor, email service provider or web host, along with others. These parties may require personal information about you to fulfill and perform their functions. These parties may not use any personal information we share with them about you for any other purpose other than in connection with performing duties and needs for 3 Pears Gallery.

We may publicly disclose the name, social media handle, city, and state of the winner of any raffles and contests.

Visitors who give us their telephone numbers online may receive telephone contact from our Customer Care Team regarding orders or requests they have placed online

We may need to keep records of certain personal information you have provided to us or which we have obtained from you in accordance with this Privacy Policy and applicable law for business or legal purposes.

In the event that we might sell our businesses or assets as it continues to grow, transactions and information about customers often is among the transferred assets. Thus, in the unlikely event that our company or substantially all of our assets are acquired by a third party, such information may be one of the transferred assets. If such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Services in a manner that is consistent with this Privacy Policy.

We may use your written and/or video reviews on our Website, and in our physical location for product improvement, product development, customer experience improvement, and marketing and public relation purposes.

Any requests to remove or update your contact information may take up to 12 days for your email request and 6-8 weeks to process your postal mail request.

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

General Terms & Conditions

Please read these terms of –use carefully before using this website, Your-use of the website constitutes your agreement to these terms-use (The “Terms and Conditions”).

Welcome to the website of 3 Pears Gallery (“we” or “us”). Any person accessing or using the website and any associated webpages (collectively, the “Website”) is referred to as “you”.

www.3pearsgallery.com (the “Site”) owned and operated by W. Vanderlip & Co. and its affiliates (“3 Pears Gallery”). Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site

We ask that you review and abide by these Terms and Conditions, our Privacy Policy and any other terms and conditions that may appear on the Website from time to time. Your use of the Website constitutes your agreement to these Terms and Conditions, and we reserve the right, at our discretion, to revise these Terms and Conditions at any time without notice to you.

You agree that no joint venture, partnership, employment, or agency relationship exists between 3 Pears Gallery and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have regarding 3 Pears Gallery or the Site must be commenced within one (1) year after the claim or cause of action arose.

In the event 3 Pears Gallery fails to exercise or enforce any right or provision of these Terms it shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Vermont, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of Vermont.

In no manner, may you assign the Terms or any of your rights or obligations under the Terms without 3 Pears Gallery written consent. The Terms inure to the benefit of 3 Pears Gallery successors, assigns and licensees. The section titles in these Terms are for accessibility only and have no legal or contractual effect.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.

This Website and its Content are only intended for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is forbidden.  Non or any material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, including text, data, video, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials and Content”), is 3 Pears Gallery property or that of our artists, and artisans and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the prior explicit written permission of 3 Pears Gallery.

You are granted a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

YOUR CONTINUED — USE OF THE WEBSITE AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, please do not use this Website.

Indemnity

You agree to defend, indemnify and hold 3 Pears Gallery, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

Proprietary Rights

As between you and 3 Pears Gallery, (or any other company whose marks appear on the Site), 3 Pears Gallery (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The 3 Pears Gallery logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “3 Pears Gallery Intellectual Property”) are owned by 3 Pears Gallery and may be registered in the United States and internationally. You agree not to display or use the 3 Pears Gallery Intellectual Property in any way without 3 Pears Gallery prior authorization. Nothing on the Site should be construed to grant any license or right to use any 3 Pears Gallery Intellectual Property without the prior written consent of 3 Pears Gallery.

Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Simon Pearce. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

Product & Pricing Information

3 pears Gallery products displayed on the Website may be available while supplies last.

We make every concerted effort to ensure the accuracy of our pricing and information. We reserve the right to correct any errors and apologize should there be any inconvenience. Products displayed may be out-of-stock or discontinued, and prices are subject to change. 3 Pears Gallery is not responsible for typographical errors regarding price or any other matter.

The images of the products on our Website are for illustrative purposes only. Although we have made every effort to accurately display colors, we cannot guarantee that your computer’s display of the colors correctly reflects the actual true colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.

All prices and products advertised are subject to change. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website.

All prices displayed on the Website are quoted in US Dollars ($).

Website Links

Our website may contain links to other websites. Once you have used these links to leave our site, you should note that we do not have any control over that other website. Hence, we cannot be responsible for the protection and privacy of any information which you provide during your visit on such sites and such sites are not governed by this privacy statement. We recommend you exercise caution and look at the privacy statement applicable to the website in question.

3 Pears Gallery makes no warranties of any kind regarding any non-3Pears Gallery sites to which you may be directed or hyperlinked from this Site. Hyperlinks are provided only for your convenience, and 3 Pears Gallery makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in any non-3 Pears Gallery sites. 3 Pears Gallery does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

Copyright

Copyright © 2020 3 Pears Gallery All rights reserved. All website contents and their arrangement are copyrighted in the U.S. and worldwide by international treaty by 3 Pears Gallery and its suppliers. You may use it as a shopping resource, its intended use, when you shop with us, but not otherwise, and may not make full or partial copies except as specifically permitted in the order instructions about printing out your order for reference.

Disclaimers & Limitation of Liability

THIS SITE IS PROVIDED BY 3 Pears Gallery ON AN “AS IS” BASIS. 3 Pears Gallery MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 3 Pears Gallery DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3 Pears Gallery WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS PURCHASED USING THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” www.3pearsgallery.com DISLCAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3 Pears Gallery DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. 3 Pears Gallery MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY AND ALL MATERIAL.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

International Use

We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.

Changes In Our Privacy Policy & Terms

We reserve the right to change or remove our Privacy Policy and Terms at our discretion. We will post any new policy and terms on the website. They will be effective immediately upon posting. You agree to check this section periodically to be aware of any changes to the Terms and Conditions.