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artesstry

Terms of Service

TERMS OF SERVICE


Last Updated: August 2, 2024


These terms and conditions (the "Terms and Conditions,” the “Terms of Service,” the “Terms”) govern the use of the website https://artesstry.bigcartel.com/ (the "Site"). This Site is owned and operated by Artesstry LLC (“Artesstry”).  This Site is an ecommerce website. Throughout the Site, the titles “we,” “us,” and “our” refer to Artesstry.


Artesstry offers this website, including all information, tools, and services available from this Site to you, the user, upon the condition of your acceptance of all terms, conditions, policies, and notices declared here. By accessing or using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.


You engage in our “Service” and agree to be bound by the following Terms and Conditions, including those additional terms, conditions, and policies referenced herein and/or available by hyperlink when you visit our Site and/or purchase something from us. These Terms and Conditions apply to all users of the Site, including - without limitation - users who are browsers, vendors, customers, merchants, and/or contributors of content. If these Terms and Conditions are perceived as an offer, then acceptance is strictly and expressly limited to these Terms and Conditions.


Read these Terms of Service carefully prior to accessing or using our Site. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Site or use any services.


Any new features or tools which are added to the current store shall also be bound to these Terms of Service. The most current version of the Terms of Service can be viewed at any time on this page. We reserve the right to update, edit, or replace any portion of these Terms of Service by posting notices and/or changes to our website. It is your responsibility to review this page regularly for changes. Your continued use of and/or access to the website following the posting of any changes establishes your acceptance of those changes.


Big Cartel hosts our website and online store. Big Cartel provides us with the ecommerce platform that enables us to sell our products and services to you.


These Terms will not be limited nor affected by the headings used in this agreement.


THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.


Intellectual Property

All content published and made available on our Site is the property of Artesstry and the Site's creator(s). This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.


Age Restrictions

The minimum age to use our Site is 18 years old. By using this Site, users agree and represent that they are over 18 years old. We do not assume any legal responsibility for false statements about age.


Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Violate any laws in your jurisdiction (including but not limited to copyright laws)
  • Violate the rights of other users of our Site
  • Violate the intellectual property rights of the Site owners or any third party to the Site
  • Act in any way that could be considered fraudulent
  • Transmit any worms, viruses, malware, or any code of a destructive nature

We reserve the right to refuse service to anyone or cancel any order for any reason at any time. 


If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.


You acknowledge and understand that your content (excluding credit card information), may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted throughout transfer over networks.


Unless given express written permission by us, you agree to not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided.


Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on our Site.


At any time, the following goods (“products”) may be available on our Site:

  • 3-D works of art (such as pottery)
  • 2-D works of art (such as paintings and ink drawings)
  • Hand-painted clothing
  • Stickers

At any time, the following services may be available on our Site:

  • Commission services for works of art
  • Tattoo tickets (i.e. written permission by the Site owner to acquire a tattoo of artwork from the Site)

The services will be paid for in full when the services are ordered, unless otherwise arranged between the Site owner and user/client on a case-by-case basis and agreed upon by all involved parties.


Modifications to the Site, Service, and Prices

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We cannot guarantee that your computer monitor’s display of any order will be accurate.


Any reliance on the material on this Site is at your own risk. We are not accountable if information made available on this Site is not accurate, complete, or current. The content on this site is provided for general information only and should not be relied upon or used as the sole source for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. This site may contain certain historical information. By definition, historical information is not current and is available for your reference only. We reserve the right to modify the contents of this Site at any time, but we hold no obligation to update any information on our Site. You agree and acknowledge that it is your responsibility to review changes to our Site.


Prices for our goods and services are subject to change without notice. We reserve the right at any time to revise or discontinue the Service (or any portion thereof) without notice at any time. We shall not be liable to you or to any third-party for any revision, change of price, suspension, or discontinuance of the Service. 


Specific goods or services may be available exclusively online through the website. These goods or services may have limited quantities and are subject to return or exchange only according to our Returns & Refunds policy.


We reserve the right - but are not obligated - to restrict the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to restrict the quantities of any products or services that we offer. At our sole discretion, all descriptions of products or product pricing are subject to change at any time for any reason and without notice. We reserve the right to discontinue or retire any product or service at any time. Any offer for any product or service declared on this Site is void where prohibited. 


We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be remedied.


We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree and acknowledge that it is your responsibility to monitor your payment instrument to verify receipt of any refund.


Payments

We accept the following payment methods on our Site:

  • Credit Card
  • Debit Card
  • Paypal

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.


At our discretion, we may restrict or cancel quantities purchased per person, per household, or per order. These restrictions may include - but are not limited to - orders placed by or under the same customer account, the same credit or debit card, and/or orders that use identical billing and/or shipping addresses. In the event that we modify or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. Within our sole judgment, we reserve the right to restrict or prohibit orders that are perceived to be placed by dealers, resellers, or distributors.


If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.


You agree to provide current, complete, and accurate purchase and account information for all purchases and orders placed at our Site. You agree to update your account and other information - including your e-mail address and credit card/debit card numbers, expiration dates, and security codes - in a timely manner to enable us to fulfill your transactions and contact you as needed.


Shipping and Delivery

Shipping takes place within 2-7 days of purchasing, and delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.


You will be required to pay delivery charges in addition to the price for the goods you purchase.


You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.


You have the option to choose Local Pickup, in which case the delivery fee will be refunded and/or waived. You agree to pay for your purchased good(s) and/or service(s) prior to the pickup date. The pickup date and location must be agreed upon by all involved parties (i.e. the Site owner and you, the user/client). You agree to be present at the selected pickup location on the selected date at the selected time.


Artesstry is not responsible for missing or delayed packages or packages lost by shipping carriers after an order has been shipped and/or a tracking number has been provided.


For additional details, please review our Shipping & Pickup Policy.


Refunds

Due to the nature of creating handmade items and providing services for creating artwork, all sales are final. At our sole discretion, we may issue store credit or a discount promo code on a case-by-case basis. 


Requests for store credit or a discount promo code must be made within 14 days after receipt of your goods. We do not, however, guarantee that your request will be honored.


For additional details, please review our Returns & Refunds Policy.


Consumer Protection Law

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.


User Comments, Feedback, and Other Submissions

If - at our request - you send specific submissions (e.g. contest entries, giveaway entries) or - without our request - you relay creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”), you agree that we may - at any time and without restriction - edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.


We may, but have no obligation to, review, edit, or remove content that we determine in our sole discretion to be unlawful, threatening, malicious, defamatory, pornographic, obscene, or otherwise objectionable, or to be violating any party’s intellectual property or these Terms and Conditions.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You additionally agree that your comments will not contain malicious or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operations of the Service or any related website(s). 


You may not use a false identity, e-mail address, identity other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We hold no responsibility and assume no liability for any comments posted by you or any third-party.


Other Websites

Our Site may contain links or access to third-party websites, services, or tools that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked on our Site. You agree and acknowledge that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall hold no liability whatsoever arising from or relating to your use of optional third-party websites, services, or tools. Any use of these optional websites, services, or tools through the Site is entirely at your own risk and discretion, and it is your responsibility to read and accept the terms and conditions and privacy policies of these third-party websites before using them.


In the future, we may also offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


Privacy

Your submission of personal information or data through the Site is governed by our Privacy Policy. For additional details, please review our Privacy Policy.


Errors, Inaccuracies, and Omissions

On occasion, there may be information or content on our Site that contains typographical errors, inaccuracies, or omissions that may relate to descriptions of goods, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to amend any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information in the Service or on the Site is inaccurate at any time, without prior notice (including after you have submitted your order). 


We possess no obligation to update, correct, or clarify information in the Service,on the Site, or on any related website, including - but not limited to - pricing information, except as required by law. No specified update or refresh date applied in the Service, on the Site, or on any related website should be perceived as an indication that all information in the Service, on the Site, or on any related website has been amended or updated. 


Limitation of Liability

Artesstry and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, injuries, liabilities and expenses - including legal fees - from your use of the Site.


We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.


You agree and acknowledge that we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


You agree and acknowledge that your use of - or inability to use - the service and Site is at your own risk and discretion. The service and all products and services delivered to you through the service are (except as expressly declared by us) provided “as is” and “as available” for your use, without any representation, guarantees, or conditions of any kind, either express or implied, including all implied guarantees or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content for the following reasons:

  • To violate any international, federal, provincial, or state regulations
  • For any unlawful purpose
  • To solicit others to perform or participate in any unlawful acts
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To submit false or misleading information
  • For any obscene or immoral purpose
  • To upload or transmit viruses, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
  • To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Artesstry LLC and our directors, officers, agents, employees, subsidiaries, partners, contractors, subcontractors, service providers, licensors, interns, and affiliates from any actions, claims, losses, damages, injuries, liabilities and expenses of any kind, including - without limitation - legal fees arising out of your use of our Site, your violation of these Terms and Conditions or your violation of the documents these Terms incorporate by reference, or your violation of the rights of a third-party or any law.


Applicable Law

These Terms and Conditions and any additional policies by which we provide you services are governed by the laws of the Commonwealth of Virginia and the laws of the United States of America.


Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Artesstry are unable to resolve any dispute through informal discussion, then you and Artesstry agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Artesstry. The costs of any mediation or arbitration will be shared equally between you and Artesstry.


Notwithstanding any other provision in these Terms and Conditions, you and Artesstry agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.


Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.


Termination

If, in our sole judgment, you fail, or we suspect you have failed, to comply with any term, clause, or provision of these Terms of Service, we also may terminate this agreement and/or may accordingly deny you access to our Services (or any portion thereof) without notice, and you will remain liable for all amounts due up to and including the date of termination.


These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or Site.


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all intents and purposes.


Entire Agreement

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.


These Terms and Conditions and any policies posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and overrule any prior agreements, communications, and proposals, whether oral or written, between you and us (including without limitation any prior versions of the Terms and Conditions).


Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. It is your responsibility to review our website regularly for changes. We reserve the right to update, modify, amend, or replace any part of these Terms and Conditions by posting updates and changes to our website at our sole discretion. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions establishes acceptance of those changes.


Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:


E-mail:

[email protected]


You can also contact us through the Contact form available on our Site.