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”) 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 of any document or form 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 or assessments now or hereafter imposed or levied 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. 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 use 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, duties, and fees related thereto.
RETURN OF GOODS. Seller may, at its sole discretion, accept returns for damaged Goods. Within forty-eight (48) hours of receiving the Goods, 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.
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. Buyer shall inspect the Goods upon arrival, and Buyer shall notify Seller within fourteen (14) days of receipt via email to email@example.com if the Goods are non-conforming. Failure to give written notice to Seller during such period will constitute satisfactory shipment by Seller and irrevocable acceptance by Buyer of all Goods. Refunds will be made less the original shipping and handling costs and the 20% design fee, which shall be Buyer’s exclusive remedy. Goods must be in like-new condition 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. 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 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 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.