SALES TERMS AND CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
ORDER ACCEPTANCE AND CANCELLATION
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item, but we shall refund any excess amount already paid.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
PAYMENT TERMS AND SALES TAX
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
Ordering is safe, easy and secure and fast through PayPal™. We accept credit cards for all purchases though PayPal™. You do not have to have a PayPal™ account to order by Mastercard, Visa, American Express or Discover. You represent and warrant that (i) the credit card information you supply to PayPal™ is true, correct and complete, (ii) charges incurred by you will be honored by you credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
You may also place an order by sending a personal check, money order or certified check made payable to Ztarf Arts LLC and mailing it to P.O. Box 281 Medway, MA 02053. When the check clears with our bank (usually within 7-14 days), we will process and ship your order. Please be aware that any checks we receive with insufficient funds will incur an additional $25 fee, as our bank charges us for all returned checks.
All order shipped to addresses within the Commonwealth of Massachusetts are subject to the then applicable Massachusetts sales tax.
All payments must be in United States dollars. Current billing address, phone number, and e-mail address must be included with every order.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
CHANGES IN PRODUCTS AND PRICING
As we update and revise our offerings of products and services, we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change in our sole discretion and without notice. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Orders are sent out in the order that they are received paid in full. We generally process orders within 48 to 72 hours of receipt (including payment in full) with the exception of holidays or vacation. To ensure that the item you want is in stock, we encourage you to plan ahead especially around holiday time to ensure that the item is available. If you place an order for an out of stock item, we will notify you via the email address your provided and provide you the option to back order the item or cancel your order for a full refund.
When you place an order with us, you are accepting all our shipping terms and are responsible for all shipping costs including insurance for all returns. We reserve the right to modify or change our shipping carriers or policies at any time without prior notice.
On all International orders, it is your sole responsibility to be responsible for all taxes, tariffs, and or import costs that your country assesses.
Although we use our best efforts to ensure the information provided on the site is accurate, we are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
DISCLAIMER AND LIMITATION OF LIABILITY
Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL ZTARF ARTS LLC, ITS AGENTS, MEMBERS, EMPLOYEES, OR OFFICERS, MANAGERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
We sincerely want you to be happy with your order and we will make every attempt to ensure that it meets your expectations. If for any reason you are not completely satisfied, please notify us immediately of your intent to return the item within three (3) business days (Monday though Friday) of receiving the product. Returned items must be mailed back to us within seven (7) business days of our acknowledgment of said notice of your intent to return the item. It is your responsibility to pay for return shipping and handling. All items returned must be insured for the original cost of the item, unused, and packaged in the original condition in which they were sent. All returned items must be in their original packaging and in re-sellable conditions.
If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in, and notify us by e-mail immediately. We will gladly replace the item, providing the item is still available, after the damaged item has been returned to us in its original box and packaging and inspected for damage. We will refund full payment for damaged or defective items. All other items will be refunded for payment, minus the returned shipping and handling charges. Send returns with sales receipt to:
Ztarf Arts LLC P.O. Box 281 Medway, Ma. 02053-2200
PRIVACY AND CUSTOMER INFORMATION
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
GOVERNING LAW AND STATUTE OF LIMITATION
This site (excluding linked site) is controlled by us from our offices within the Commonwealth of Massachusetts, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the Commonwealth of Massachusetts, by accessing this site both of us agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of state and Federal Courts of competent jurisdiction residing in the Commonwealth of Massachusetts with respect to such matters.
Any cause of action brought by you against us or our Affiliates must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.