Terms and Conditions of Sale
Terms and Conditions of Sale
- APPLICABILITY. These Terms and Conditions of Sale (“Terms”) are the only terms and conditions which govern the sale of goods (“Goods”) by Artpix LLC, an Illinois limited liability company (“Seller” or “Artpix”) to any purchaser (“Buyer” or “you”) and supersede all other terms and conditions, oral or written, and all other communications between the parties suggesting additional or different terms. By placing an order for Goods on Seller’s website, you accept and are bound by these Terms. Acceptance is expressly limited to these Terms. Any proposal for additional or different terms or any attempt by Buyer to vary these Terms is hereby deemed material and is objected to and rejected. No terms submitted by Buyer shall be effective to alter or add to these Terms.
- PRICES. Prices quoted are based on the price at the time of the order and are subject to change without notice. Clerical errors are subject to correction without liability. Prices do not include any sales, use, excise, privilege, or other taxes, duties, tariffs, fees or assessments now or hereafter imposed or levied (collectively, “Taxes and Assessments”) by or under the authority of any foreign, United States, federal, state, or local law, rule, or regulation (collectively, “Law”).
- TERMS OF PAYMENT. Unless otherwise agreed by Seller in writing, all payments are to be made in advance. Seller accepts payment by PayPal and most major credit and debit cards, but payment methods are subject to change from time to time, without notice. By using a third-party service, Buyer may also be subject to an agreement with the third party. PayPal is a third-party service provided by PayPal, Inc. and is subject to the PayPal User Agreement, in effect from time to time. You represent and warrant that (i) you are duly authorized to use the payment method used for the purchase and (ii) you will pay charges including all applicable taxes. All amounts due Seller from Buyer shall be paid without abatement, deduction, or setoff. If Buyer fails to make any payment when due, Buyer shall be liable for all costs and expenses related to collection, including, without limitation, attorneys’ fees and costs.
- DELIVERY. Shipping and delivery dates are estimates and are based upon prompt receipt of all necessary information from Buyer. Delays in securing Buyer’s approval of any matter shall, at Seller’s discretion, extend the date of delivery. Seller shall not be liable for any claim, loss, expense, or damage of any kind whatsoever for delivery delays or loss or damage in transit. If tracking information for the Goods states that the Goods have been delivered and Buyer has not yet received the Goods, Buyer shall notify Seller by calling (855)-227-5861 within five (5) days of the original delivery date. For the sale and delivery of Goods to a Buyer located in a member country of the European Union, the Goods will be exported and then imported on behalf of Buyer. Further, Buyer agrees that Seller may delegate the obligation to import the goods on Buyer’s behalf to a subcontractor (e.g., a customs broker). Buyer shall pay all taxes and duties in addition to the purchase price of the Goods, and Buyer authorizes Seller to charge Buyer’s payment method for any Taxes and Assessments related thereto.
- RETURN OF GOODS. Standard Returns. If Buyer is dissatisfied with the Goods for any reason, Seller will accept a return of the Goods for a refund of the purchase price, less the original shipping and handling costs, subject to the following terms: such return is made within fourteen (14) days of Buyer’s receipt of the Goods (“Standard Return Period”); and such Goods are returned in their original condition. Buyer is responsible for all shipping and handling charges on returned Goods. Buyer bears the risk of loss during shipment. Damaged Returns. Seller may, in its sole discretion, accept returns for damaged Goods. Within forty-eight (48) hours of receiving the Goods (“Damaged Return Period”), Buyer must notify Seller via email to firstname.lastname@example.org with a message containing: (i) a photograph of the damaged Goods; (ii) a photograph of the box the damaged Goods were delivered in; and (iii) a photograph of the wrapping materials the damaged Goods arrived in. Upon receipt of such message, Seller shall determine the remedy, if any, provided to Buyer. Refunds to Buyer will be made at Seller's discretion, less the original shipping and handling costs and the design fee, which shall be Buyer’s exclusive remedy. Goods must be in its original packaging and shipped prepaid to 2250 Arthur Avenue, Elk Grove Village, Illinois 60007 (USA) and include a receipt or other valid proof of purchase. Any claims not made per above are deemed waived by Buyer.
- LIMITED WARRANTY. Seller warrants the Goods will be free from defects in material and workmanship at time of delivery; provided, however, Seller shall have no liability for loss or damage occurring during or as a result of shipment. THESE ARE SELLER’S ONLY WARRANTIES. SELLER MAKES NO OTHER EXPRESS WARRANTIES AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Failure to give written notice to Seller during the Standard Return Period or Damaged Return Period, as applicable, will constitute satisfactory shipment by Seller and irrevocable acceptance by Buyer of all Goods. Seller’s warranty does not attach to Goods not manufactured by Seller. Seller will pass on to Buyer the warranty, if any, it receives from the manufacturer of such Goods, but only to the extent allowed by the manufacturer. Seller’s aggregate liability to Buyer or anyone claiming through or on behalf of Buyer, with respect to any claim or loss arising out of or relating to any Goods or alleged to have resulted from any act or omission of Seller, whether negligent or otherwise, and whether in tort, contract, or otherwise, shall be limited to an amount not to exceed the price received by Seller for the Goods with respect to which such liability is claimed. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PERSON OR ENTITY FOR INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OR ANY OTHER LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION, FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- INTELLECTUAL PROPERTY. Buyer represents and warrants to Seller that: (i) Buyer is the owner or authorized licensee of all photographs, prints, diagrams, models, technical drawings and other intellectual property disclosed or otherwise provided to Seller by Buyer and all rights therein (collectively, “IP”); (ii) Buyer has full and sufficient right, title, and authority to grant and does hereby grant Seller the right to use and create derivative works of the IP for purposes of manufacturing the Goods and performing hereunder; and (iii) the IP does not infringe any intellectual property or proprietary rights of any person or entity.
- INDEMNIFICATION. Buyer shall defend, indemnify, and hold Seller and its affiliates harmless from and against all claims, suits, demands, losses, liabilities, damages (including injury and death), and expenses (including reasonable attorneys’ fees) (collectively, “Losses”), arising out of or relating to: (a) Buyer’s provided IP including claims that Buyer’s IP infringes the intellectual property or proprietary rights of any person or entity; (b) Buyer’s non-compliance with any Law; and (c) breach of these Terms by Buyer.
- TERMINATION. Seller may, in its sole discretion, reject an order for Goods at any time for any reason without liability other than the refund of the purchase price paid for the affected Goods.
- WAIVER. All waivers by Seller shall be in writing. Failure of Seller at any time to require Buyer’s performance of any obligation hereunder shall not affect Seller’s right to require performance of that obligation. No delay or omission in the exercise of any right, power, or remedy hereunder shall impair such right, power, or remedy or be considered to be a waiver of any default or acquiescence therein.
- WAIVER OF JURY TRIAL. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
- CLASS ACTION WAIVER. BUYER HEREBY WAIVES AND AGREES THAT BUYER MAY ONLY BRING CLAIMS AGAINST SELLER IN BUYER’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- GOVERNING LAW. Any dispute arising out of or related to these Terms will be governed by and construed in accordance with the laws of the State of Illinois (USA) without regard to any rules on conflicts of laws and exclusively litigated in a state or federal court located in Cook County, Illinois. For any Goods sold outside the United States, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules (“Rules”), which Rules are deemed to be incorporated by reference, applying the laws of the State of Illinois (USA) without regard to principles of conflicts of laws that would require the law of another state or jurisdiction to be applied. The arbitration and all work papers shall be in English and take place in Chicago, Illinois (USA) and shall apply these Terms. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
- RELATIONSHIP OF THE PARTIES. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- MISCELLANEOUS. Buyer shall not assign any of its rights or obligations hereunder without Seller’s prior written consent. Buyer shall comply with all applicable Laws. There are no third-party beneficiaries. Seller shall not be liable for any delay in or failure to perform due to any cause, matter, or contingency beyond its reasonable control. Provisions which by their nature should survive will remain in force after any termination or expiration. The section headings are included solely for the convenience of the parties.
ADDITIONAL TERMS AND CONDITIONS FOR REWARDS PROGRAMS
- REWARDS. Our Rewards Program offers customers the ability to earn points and redeem them in exchange for coupons that can be applied to future purchases. You can accrue points by shopping on our website, creating an account, and interacting with our social media accounts. While you can earn points without an ArtPix 3D® account, you’ll need an account in order to redeem your points for rewards.
- REFERRALS. Our Referral Program offers customers the ability to send a discount to a friend. Once the recipient claims their discount, the sender will earn points that can be redeemed in exchange for coupons.
ADDITIONAL TERMS AND CONDITIONS FOR GIFT CARDS
- GENERAL GIFT CARD TERMS. The following additional terms and conditions apply to gift cards and e-gift cards (“Gift Cards”) sold by Seller, except where prohibited by applicable law. Promotional gift cards or Gift Cards sold at a discount (“Promo Cards”) are intended for use by an individual and not for resale. Except where prohibited by applicable Law, the following shall apply.
- Gift Cards have no expiration date, no fees, and are not returnable or redeemable for cash.
- Promo Cards are subject to an expiration date, are not returnable or redeemable for cash, and may be subject to additional limits and terms.
- Gift Cards/Promo Cards are only redeemable at artpix3d.com for goods (and not additional Gift Cards) and must be used at the time of original purchase.
- The full amount of each purchase, including taxes, will be deducted from the funds held on the Gift Card/Promo Card at the time of use, up to the total funds available on the card. Buyer is responsible to pay for any amount in excess of the value of the Gift Card/Promo Card.
- Resale of a Promo Card or use for unauthorized advertising, marketing, sweepstakes, or other promotional purposes is strictly prohibited.
- Seller reserves the right to limit the number of Gift Cards/Promo Cards used for any purchase.
- Seller may cancel a Promo Card at any time, without notice.
- Seller is not responsible for lost, stolen, damaged, or unauthorized use of a Gift Card/Promo Card.
ADDITIONAL TERMS AND CONDITIONS FOR WEBSITE USE
- USE OF WEBSITE.
- DESCRIPTION OF SERVICES.
We make various services available on this site including, but not limited to, the placement of orders via our web platform. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided 'AS IS' and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
- REGISTRATION DATA AND PRIVACY.
In order to access some of the services on this site, including the placement of an order for samples or products, you will be required to create an account and password that can be obtained by completing our online registration form, which requests certain information and data ('Registration Data') and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under sixteen (16); if you are a child under sixteen (16), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under sixteen (16), we will delete that information as quickly as possible. If you believe that a child under sixteen (16) may have provided us personal information, please contact us.
- CONDUCT ON SITE.
Your use of this site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through this site. You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as 'spamming'), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this site may be available to you or other authorized users of this site. You shall not interfere with anyone else's use and enjoyment of this site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account services without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- THIRD PARTY SITES AND INFORMATION.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
- INTELLECTUAL PROPERTY.
[Copyright © 2021] Artpix LLC All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See 'User’s Materials' below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- DESIGNATED AGENT.
We respect the intellectual property of others and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed, and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- DISCLAIMER OF WARRANTIES.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
[Through your use of the site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.]
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- SECURITY AND PASSWORD.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
You also understand that no method of transmission over the Internet, or method of electronic storage, is 100% secure, and We cannot guarantee the absolute security of information provided.
- TERMINATION OF USE.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by e-mail, or at 2250 Arthur Ave, Elk Grove Village, IL 60007, if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data.
- ENTIRE AGREEMENT.