WEBSITE / ONLINE SALES TERMS & CONDITIONS
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY. THIS AGREEMENT REQUIRES ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY ACCESSING AND USING THIS WEBSITE AND/OR PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH IT OR FROM US, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND WHEN DONE WHILE IN THE SERVICE OR EMPLOY OF ANOTHER PERSON, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON BEHALF OF, AND ARE BINDING, BOTH YOU AND SUCH OTHER PERSON. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM US OR THROUGH THIS WEBSITE IF YOU: (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF: (a) AT LEAST 18 YEARS OF AGE, OR (b) LEGAL AGE TO FORM A BINDING CONTRACT, OR (iii) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES. WE MAY TERMINATE YOUR ACCESS TO ALL OR ANY PART OF THE WEBSITE AT ANY TIME, WITH OR WITHOUT CAUSE, WITH OR WITHOUT NOTICE, EFFECTIVE IMMEDIATELY.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.loupeart.com (the "Site"). These Terms are subject to change by Loupe, LLC (referred to as "Loupe”, “us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms is posted on this Site, and you should review these Terms prior to purchasing any product or services from us or through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of, and agreement to, such changes.
1. Website Use and Content. We provide access to the information, materials and services of this Site and other websites accessed through this Site (hereinafter collectively referred to as “Content”), subject to the terms and conditions herein. You are permitted to access and use this Site and its Content subject to your agreement to and compliance with the terms hereof. As a condition of your access and use of this Site, you agree that you will not access and use this Site or its Content for any unlawful purpose. The Content of this Site, including, but not limited to, the text, graphics, logos and images, is the exclusive property of and proprietary to us and applicable third parties, including artists whose works are displayed on the Site (“Artists”), who have granted us the right and/or license to use such and is protected by United States and international laws. All names, products and services mentioned herein are copyrights/trademarks/service marks/domains (registered or otherwise) of us or applicable third parties who have granted us the right or license to such use. Access to and use of this Site or its Content is subject to a limited, non-exclusive, personal and revocable license from us that is subject to suspension, cancellation, transfer or modification by us at any time. Except as expressly permitted under United States and international copyright, trademark and other intellectual property law or by the express terms of this Site, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform or distribute or otherwise use the Content of this Site in any way for any public or commercial purposes without prior written authorization of us, the Artist or such third party who is the applicable item’s intellectual property right owner.
2. Ordering Product and Services. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order and at the prices reflected therein. Please review your order carefuly before submitting it. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order within twenty-four (24) hours of placement by sending an email to our Customer Service Department at firstname.lastname@example.org with the term “Order Cancellation” in the subject line.
3. Prices and Payment.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. We do offer free ground shipping in the 48 contiguous United States. All taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa®, MasterCard®, American Express®, JCB, Discover® and Diners Club® credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. We typically ship products as orders are accepted and products become available unless we otherwise agree in writing to a specific shipment date. However, there may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. In such instance, we will try to keep you informed of any such products and when they might become available for immediate shipment. Please check the individual product page for specific delivery options.
(b) You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Products with quality concerns or that are damaged in shipment may be returned for replacement with no additional charge to you for shipping and handling. Due to the unique nature of our business and related matters of customized reproduction, we will only accept an undamaged return of fine art print products for a refund of the purchase price and a restocking fee of 30% of the original purchase price, provided:
(i) Such return is made within seven (7) days of our original shipment date to you,
(ii) Such products are returned in their original condition,
(iii) A copy of the original invoice is provided to us with the returned shipment, and
(iv) Such products have not been designated by us, either on the Site or during your request for a return authorization, as non-returnable.
To return products for either replacement or refund, you must contact us by sending an e-mail to email@example.com in order to obtain a Return Authorization Number. No returns of any type will be accepted without such a number, which are only good for fourteen (14) from the date they are provided to you. You are responsible for all shipping and handling charges and all risk of loss and damage on returned items and should fully insure your return shipment against loss or damage. Unless otherwise approved by us, your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
6. Warranty Disclaimer, Liability Limitation and Indemnification.
(a) Other Websites and Content. Third party Content provided on this Site and other websites linked to this Site, including those of any advertisers or Artists, are not associated/affiliated with us and are not within our control. We assume no obligation or liability whatsoever for the acts or omissions of any such other parties, whether providing Content on, or linking to, our Site.
(b) Disclaimer. This Site and the Content may be subject to technical inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice or reason. The accuracy, completeness, security and proper functioning of this Site are not guaranteed. Neither performance nor any other conduct (or Content provided) by us or any of our Artists, advertisers, agents or employees, create a warranty from us. EXCEPT AS EXPRESSLY PROVIDED ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU SHALL LOOK EXCLUSIVELY TO THE ARTIST OF THE PRODUCT FOR ANY WARRANTY THEREON. THIS DISCLAIMER APPLIES TO THE SITE, CONTENT, PRODUCTS, SERVICES AND ANY AND ALL OTHER MATTERS THAT MAY BE SUBJECT TO, ARISE FROM OR RELATE TO THIS AGREEMENT OR OUR RELATIONSHIP WITH YOU. ASIDE FROM THIS PROVISION, YOU MAY HAVE OTHER WARRANTY RIGHTS AS SUCH VARY FROM STATE TO STATE.
(c) Limitation of Liability. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU PURCHASED AND PAID FOR THROUGH THE SITE. FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, HOWEVER OCCURRING, INCLUDING (WITHOUT LIMITATION) LOSS OF PRODUCTION, WORK, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU SHOULD THE LAWS OF SUCH STATE APPLY.
(d) Indemnity. You agree to defend, indemnify and hold harmless us and our Artists, advertisers, suppliers, contractors, representatives and affiliates and their respective owners, officers, directors, employees and agents from and against any liabilities, losses, costs, claims, expenses, damages, causes of action or demands, including without limitation reasonable legal and accounting fees, arising or resulting, or alleged by a third party to be arising or resulting from your access or use of the Site or any of its Content, your misuse of any product or service, and/or your breach of any of these Terms.
7. Goods Not for Resale or Export. This Site and its Contents are intended to comply with the laws and regulations in the United States. While available outside the United States, the Content of the Web Sites that pertain to the products is intended for use only by residents of the United States. The laws and regulations of other jurisdictions may be different, and offers for any product or service made on our Site are void where prohibited by law.
8. Intellectual Property Use and Ownership. You acknowledge and agree that:
We and/or our Artists and licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on or through this Site as well as of all specifications, instructions, documentation or other materials or all products and services. Furthermore, we and/or Artists, suppliers and licensors retain all right, title and interest in all intellectual property involving, arising from or relating to our products and services, including (without limitation) all related copyrights, patents, trade secret rights, trademarks, and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
12. Dispute Resolution and Binding Arbitration.
(a) YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. Severability and No Waivers. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.
15. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Loupe, LLC, Attn.: Customer Service, 925B Peachtree Street, NE, Suite 351, Atlanta, GA30309. Notices received by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Entire Agreement.
(b) The provisions of Sections 3, 4(b), 5-12, 15 and 17 (b), along with any other terms, conditions or documents referenced herein and relating to the same, shall survive the termination of this Agreement to the maximum period of time permitted by applicable law.