Welcome to the Artoffthemain.com web site (the "Site"). Our services and products presented in the Site are provided subject to the following terms and conditions. If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit.
LICENSE TO USE THE SITE AND RESTRICTIONS
We grant you a limited, revocable license to access and make personal use of the Site as our customer. However, you are not permitted to:
- reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose, without the express consent of the copyright owner. All images of artwork including on the site are provided for use only in the context of this site.
- use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
- use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site;
- engage in any activity that interferes with the Site or another user’s ability to use the Site;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the services offered on the Site; or
Any use of the Site or the Site Contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
Notwithstanding the product prices shown on the Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the Site may be mispriced. In the event that work of art is mistakenly listed at an incorrect price, artoffthemain.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Artoffthemain.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charge or PayPal payment accepted. If your credit card has already been charged or your PayPal payment received for the purchase and your order is cancelled, Artoffthemain.com shall issue a credit to your credit card or PayPal account in the amount of the incorrect price.
Prices quoted on the Site does not include shipping. Additional charges will be assessed for shipping based on your shipping choice and the shipping destination.
Layaway periods can be arranged. Periods of up to 90 days are available without any finance charges as long as the full amount of the purchase is paid by the end of the arranged layaway period. Layaways are not available for items under $500 in value. Cancellation of a layaway purchase will be subject to a cancellation fee. To initiate a layaway a minimum deposit of 25% is required. We will be happy to put a HOLD on any item for up to 3 days without charge.
You have the choice to use the UPS, or FEDEX. Our personal preference is Federal Express. Ground service is the most economical and works for most items you don't need immediately. It is recommended however that express shipping be used. Whatever your choice the cost of shipping will be computed at the time of sale and you will be informed of the amount of shipping prior to shipping. If you purchase the work via the shopping cart and pay by PayPal, shipping will then be calculated, you will be informed of the shipping costs and payment for shipping will be required before order can be shipped.
RISK OF LOSS
All products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
INSPECTION PERIOD / RETURNS
We offer a 3 day inspection period. If, for some reason, you feel artwork does not match the description given, Artoffthemain.com will refund full purchase price of the item(s), less shipping, as long as the item(s) is returned in the same condition as originally shipped. To initiate the return the buyer must first notify us of the intent to return. Shipping fees are the responsibility of the buyer. Likewise return shipping charges are the responsibility of the buyer. For all return, shipping should include insurance.
If art work is received in the condition it was shipped, then a credit will be given upon receipt.
We attempt to describe the products offered on the Site as accurately as possible. However, we do not warrant that product descriptions or other content of the Site are accurate, complete, or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.
disclaimer of warranties and limitation of liability. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials or products included on the site; neither artoffthemain.com nor its content providers, warrant that the functions, features, or content contained in the site will be uninterrupted or error free and you expressly agree that your use of the site is otherwise at your sole risk. Your sole remedy for breach of the warranty contained in this paragraph is, at our sole discretion, return for refund or a conforming replacement.
To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement, system integration, data accuracy, and quiet enjoyment. We do not warrant that the site, its servers, or e-mail sent from the site are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the site, including, but not limited to direct, indirect, incidental, punitive or consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have
MODIFICATION AND SEVERABILITY