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TheArtFair.com Store Policies

Terms of Use | Warranties | Payment Methods | Returns, Exchanges, and In-store Credit | Cancellations | Backorders | Out-of-Stock Items | Privacy | Site & Transaction Security | Typographical Errors Disclaimer | Shipping and Handling | Taxes and Tariffs | Gift Certificates | Coupons | Contests | Charge Backs | 
Terms of Use
TheArtFair.com Web site is fully owned by Alon Systems, Inc. Below whenever we mention "TheArtFair.com", "us", "our", “we”, it is intended to refer to the owners of this Web site. The services and products presented in the TheArtFair.com web site ("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. Please read them carefully.

The DealTag™ negotiation gateway is fully owned by Alon Systems, Inc. and the following statements also apply to it.

ELECTRONIC COMMUNICATIONS

When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.

USE OF MESSAGE SERVICES

You agree not to use this site to submit, transmit, or otherwise make available in any manner, any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Though we do not regularly review the content you submit to this site, we reserve the right to edit such content in any way and to refuse to process any orders including content that violates these Terms of Use or that we find objectionable for any or no reason. You represent and warrant that you possess all necessary rights to use the content that you submit to this site and that use of such content does not violate these Terms of Use. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to this site. By submitting content to this site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion, consistent with this site’s Privacy Policy.

COPYRIGHT

All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of the owners of this Web site or its content suppliers and is protected by United States and international copyright laws. All content on this site that is not our property is used with permission. The arrangement and compilation of all content on this site are our exclusive property and are protected by U.S. and international copyright laws. All software used on this site is our property or its software suppliers and is protected by United States and international copyright laws. Display and use of certain images on the site are subject to additional conditions as set forth in the "Special Conditions" paragraph, if such exist.

TRADEMARKS

Certain marks used on our site are our trademarks or service marks, which are registered in the United States and other countries. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of this site or its affiliates. Our trademarks and trade dress may not be used for any commercial or other purposes by any party other party without our prior written consent. All other trademarks and service marks not owned by us or our affiliates or subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS

We honor the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth below. We do not reproduce or manufacture any products that are offered on this site, but act as a display venue for vendors who have agreed to sell their products via our site. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from the site pending our investigation.

If you believe that your work has been copied, distributed, or used by this Web site in a way that constitutes copyright or trademark infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates of your belief that your copyrighted material or trademark(s) has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
  • A description of the copyrighted work or trademark that you claim has been infringed;
  • A description of the site location of the claimed infringing material, including the ID number, if available;
  • Your contact information, including address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the claimed infringing use is not authorized by the copyright or trademark owner, its duly authorized agent, or the law;
  • A statement by you that the above information in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on the copyright or trademark owner's behalf.

Our agent for notice of claims of copyright or trademark infringement relating to its site can be reached at the contact information stated in the Contact Us paragraph.

LICENSE AND SITE ACCESS

We grant you a limited, revocable, nonexclusive license to access and make personal use of this site as our customer. However, you are not permitted to download (other than page caching) or modify the site or its contents, or any portion thereof, without our prior express written consent. This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this Web site or our affiliates without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our prior written consent. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by us. You may not create any link to use any of our logos or other proprietary graphic or trademark as part of the link without our prior written permission or as specifically provided for under our Affiliate Vendor program as referenced above.

APPLICABLE LAW

By visiting the site, you agree that the laws of the state of our Contact US address, without regard to principles of conflict of laws, will govern this Terms and Conditions of Use agreement and any dispute of any sort that might arise between you and us relating to this agreement.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to this Web site. We reserve the right to make changes to our site, policies, and this Terms and Conditions of Use agreement at any time and in our sole discretion; therefore, you should review those policies, terms, and conditions each time you visit the site. These changes may be made by us without any notice. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Warranties
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Any warranties or other product information are limited to those provided by the Vendors and displayed with the description of the listed items. The materials used in artwork may be harmful to humans or animals, particularly if used in ways other than those intended by the Vendor. You assume all responsibility for such use. We make no warranties whatsoever in regard to the items, nor do we prepare or provide product information and we only display the information provided by the Vendor (manufacturer or artist). You should be aware that images displayed on the computer are only a representation of the actual items. The color of the images is only an approximation of the real colors of the objects. The real objects may look somewhat different than their representative images, especially as pertains to color. In the case of shipment of wrong product (product not ordered), this warranty extends only to us interceding with the Vendor to replace the wrong product with the correct product and ship it to the customer.

THIS SITE IS PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS PURCHASED USING THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

As to items which are in a numbered series, such as lithographs, serigraphs and the like, we have no control as to the specific number in the series which will be delivered to the buyer upon purchase.

Payment Methods
We accept only Credit Card payments and only in US dollars. We shall only accept those types of Credit Cards, which are listed at checkout time. At the time you place the order, the credit card you supply will be pre-authorized for the total amount of the order. When the order will be delivered to the shipper and a shipper tracking number issued, the credit card transaction will be captured and completed.
Returns, Exchanges, and In-store Credit
Because we act as intermediaries between you and the vendor(gallery or artist), we do not accept any returns, we do not offer any exchanges for items ordered and do not offer any in-store credit. All products purchased from this Web site are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon their delivery to the carrier. As all shipments are insured you should follow the instructions in the Shipping and Handling paragraph in the event the shipment arrives damaged.
Cancellations
You may cancel an order by contacting us using the information in the Contact Us paragraph. You must state the your name, email, date of order and order identifier in any such cancellation communication. You may cancel the order up until the time of shipment of the order. After the shipment you may not cancel the order.
Backorders
As a rule, we only permit the publishing of items that are available. If an item is not ready for shipment at the time of the order, you will be informed, by email, of the situation and the estimated date of availability. You will then have seventy two (72) hours to accept the order. If we do not receive your answer within that time, or if your answer is negative, we shall cancel the order.
Out-of-Stock Items
As a rule, we only permit the publishing of items that are available. If an item is out-of-stock at the time of the order, you will be informed, by email, of the situation and the estimated date of availability, if any. You will then have seventy two (72) hours to accept the order. If we do not receive your answer within that time, or if your answer is negative, we shall cancel the order. If you accept the order, then this will be considered a made to order and you will be obligated to purchase the items on the order. If the item is not going to be available or if we cannot provide you with an estimated date of availability, we shall cancel the order.
Privacy
We are committed to respecting our site visitors’ privacy. To provide this site’s Services, we may require some of your information (including name, email, phone, address, credit card number). This information will not be sold, traded, or otherwise dispersed for any reason other than to carry out your transaction. Only information necessary to fulfilling your order will be disclosed to our affiliate, subsidiary, or payment processors, and then only that information that is required.

We also use contact information from the registration process to send the User information about us and when otherwise necessary. Such information may also be used to assess your satisfaction with and to obtain feedback regarding the Service we provide.

The information we collect will be maintained in a file system that we may need to review in a variety of other circumstances, such as enforcing our Terms of Use for Users, analyzing and understanding our customers and their needs, and for the administration and provision of our goods and services.

We reserve the right to aggregate (i.e. combine in such a way that will not enable personal identification) the data that is acquired on this site and/or related to ordering products and services. This includes, without limitation, data about products and services requested and purchased by our Users. We may use this aggregated data for various kinds of purposes, including, but not limited to, analyzing our Service, and marketing purposes. We may also share this aggregated data with other third parties, such as advertisers.

It is possible that we, our business and/or assets, present or future subsidiaries, joint ventures or any combination of such, could merge with or be acquired in one or more types of transactions by another business entity or entities. In such an event, we have your permission to share some or all of your information in order to, among other things, facilitate continuation of one or more services similar to all or a portion of the Service.


You hereby authorize us to disclose information pursuant to judicial and administrative proceedings, and in connection with law enforcement activities and as otherwise may be permitted by law, to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with our Web site, such as fraud, misrepresentation, intellectual-property infringement, or other activity that may put us at risk for liability.

We are not responsible for the privacy policies and practices of promotional affiliates or other third parties to which we may provide links. We do not have control over the privacy policies of any other party that you may disclose information to when linking to from our Web site.

We do not knowingly collect any personal information from minors

As a User of the Service, you consent to the aforementioned uses of such information and the transfer of information to providers that facilitate the Service, all in accordance with this Privacy Policy.

From time to time, we may change the Private Policy, and post the changes on this Web site.

Site & Transaction Security
We employ standard industry measures to protect and ensure the confidentiality of your personally identifiable information, including the use of firewalls and SSL encryption. Despite this, we cannot guarantee the security of your information given the current state of the Internet. We also do not undertake to maintain information about you for longer than is required by law, rule or regulation.

We believe we employ security measures that adequately address the security needs of our Web site’s customers.

Typographical Errors Disclaimer
Although we work diligently to ensure the accuracy of our descriptions and prices, we reserve the right to correct typographical errors without penalty.
Shipping and Handling
Since each piece is shipped to you directly from the Vendor, delivery times and shipping costs will vary. Shipping and handling charges are shown before checkout is completed. If the item requires special packaging, such as a crate, there may be additional shipping and handling costs, which will be noted before checkout is completed. All items shipped will be insured by the Vendor via the carrier. The price of insurance is also indicated on the checkout page.

When your shipment is delivered to the carrier, the Vendor will update the order with a tracking number. You will then be able to access that reference number through your online account at our Web site. You will also get a link to the carrier’s Web Site where you will be able to track the progress of your shipment, unless it is shipped via a carrier which does not enable Web site access for tracking purposes.

If you have any questions or concerns about these issues, please contact us at the contact information stated in the Contact Us section. Please have the item number or description handy when you contact us. The shipments will not be made to PO Boxes.

Damaged shipments: If your shipment appears damaged, or once opened, you find damaged products, call us at the number mentioned in the Contact US paragraph. You must contact us within 24 hours of the delivery of the shipment.

You will need to supply the following information for us to be able to act: Your name, address, email, day and evening telephone numbers, order number, order contents, description of the damage, date of receipt of the shipment.

We shall then arrange to have it inspected by the shipper’s insurance adjusters, who will determine the extent of damage. You must retain all of the original packing materials and the associated documents.

Taxes and Tariffs
Our company is located at the address listed in the Contact Us paragraph. Shipments to addresses located in the same state of USA, will be charged prevailing Sales Taxes. These will be indicated before checkout.

Because some of our Vendors will be shipping from outside of the country of the destination address, certain tariffs may be applicable. You agree to be responsible for the payment of any and all such tariffs. We shall not be responsible for payment or any other handling of any and all tariffs.

Gift Certificates
TheArtFair.com Gift Certificates are a wonderful present for any occasion. Your art loving friend will surely appreciate the ability to chose their own piece of art and then be able apply TheArtFair.com Gift Certificate to offset the final price.

Our gift certificates are sold in various denominations, which are present on the Gift Certificate page of the web site. Once purchased, they are available for immediate use and can be redeemed during the checkout session. Each certificate has a unique identifier and we track the usage of each Gift Certificate. If the checkout total is for an amount less than the remaining value of the Gift Certificate, then we shall retain the balance on that Gift Certificate and that balance can be used in future purchases at TheArtFair.com. So, unlike most other websites, TheArtFair.com preserves the value of your Gift Certificates until it is fully used or passes its expiration date. During checkout, up to four (4) different gift certificates may be used on a single transaction.

Please note that TheArtFair.com Gift Certificates are non-refundable and are redeemable only for purchases at TheArtFair.com.

To purchase a gift certificate:
1. Go here and select the desired Gift Certificate and go to check out to purchase it.

2. Out gift certificates are sent to you, the purchaser, via email. You may then forward the Gift Certificate to your friend using email by printing it and sending it to them.

3. Proceed through the checkout screens. After you finish this process and your transaction has been authorized you will be sent your order receipt which will include the unique number of the Gift Certificate.

4. Please note that Gift Certificates cannot be purchased using Coupons.

To redeem Gift Certificates: 1. Shop at TheArtFair.Com as you would normally, adding items to the cart.

2. When you're done choosing your items, click on "Check Out". On the Discounts & Shipping page, you can enter the Gift Certificate codes in the Gift Certificates Section. The dollar amount of your certificates will be deducted from the total price of your items. That's it!
The balance of TheArtFair.com Gift Certificate must be redeemed at our site within one year of the original issue date, or be forfeited.

Coupons
TheArtFair.com Coupons are used by us to award you various prizes and discounts throughout our site. Once awarded they may be redeemed at checkout time.

Our Coupons will come in various amounts, depending on the circumstances under which they are awarded. Once awarded, they are available for immediate use and can be redeemed during the checkout session. Each Coupon has a unique identifier and we its usage. The Coupon must be used in its entirety at a checkout session. Any remaining balance on the coupon will be forfeited. During checkout, only one (1) coupon may be used on a single transaction. Coupons cannot be used to purchase Gift Certificates or other items, which are marked as not available for coupon usage.

Please note that TheArtFair.com Coupons are not redeemable for cash and are only redeemable for purchases at TheArtFair.com. They will only be applied to the cost of items and not to other charges.

To obtain a Coupon:

1. Coupons cannot be purchased. They are awarded to you through various special discounts and contests on our site.
2. We may also send you a Coupon from time to time via email.
3. You must be registered to redeem coupons.

To redeem Coupons:

1. Shop at TheArtFair.Com as you would normally, adding items to the cart.
2. When you're done choosing your items, click on "Check Out". On the Discounts & Shipping page, you can enter the Coupon code in the Coupon Section. The dollar amount of your certificates will be deducted from the total price of your items. That's it!

The balance of TheArtFair.com Coupon must be redeemed at our site within two months of the original issue date, or be forfeited. And, we're sorry, but any unused portion of a Coupon is not further redeemable or refundable. Please spend Coupons in their entirety.

Contests
How our contests work
The purpose of our contests is to make your visit to our site more enjoyable and to stimulate your interest in art. Towards this end we shall award prizes to the winners. These prizes will be redeemable on this site. From time to time, we shall run an art trivia contest. This will consist of a question, which relates to art. Answers to the question can be found either on our web site or through the sites listed in our by searching the Internet. The winner will be selected randomly from those entrants who correctly answer the question. To participate in a contest, you must be a registered member of this site (if you are not a member yet, you may join by clicking here. It is free to join.) Any member may submit one entry per contest. Playing more than once under more than one email address at a time is forbidden and is grounds for disqualification. The start of a new game and it’s ending date and time will be posted on the contest page of this site. This will be referred to here as "the game period".

How to play
To play our contest, simply click Contests on the menu. Read the Background and the question. You can research the questions as much as you want to before answering. Then decide on your answer and enter it in the space available on the contest entry form link. Use correct spelling, as it does count towards the answer. Once the answer is entered, it cannot be changed. The correct answer and the contest winner will be posted after the contest is over. Past contests info is viewable on the contest archives page.

Prizes

Each contest may carry a different prize. These may be discount coupons for purchases on this site, a piece of art from this site, etc. Approximate value of each prize will be posted with the contest.. No substitution, cash equivalent, or transfer of prize is permitted, except at our discretion. All taxes, fees, and surcharges due on the value of any prize or any other expenses not specified related to acceptance and use of any prize, are solely the responsibility of the prize winner. By participating in the contest, the participant agrees, that in the event of winning the contest, contestant gives permission for us and our agencies to use winner's name and likeness for advertising and promotional purposes in any media without additional compensation unless prohibited by law. We will not replace any lost or stolen coupons or other lost or stolen prizes. The coupons or gift certificates, won as contest prizes, have the same rules and regulations apply to them as the rest of the gift certificates and coupons on this site. The prize will be sent to the winner's shipping address located in his/her membership registration information.

Winners

A winner will be selected after the end date of each contest. If there is more than one correct entry, there will be a random drawing from amongst the correctly answered entries. The drawing will be conducted within one week after the conclusion of the contest and the winner will be notified by e-mail. The winners will also be posted on this site. Entering an incorrect or invalid email address or failing to submit a shipping address during the registration process will result in disqualification and a subsequent re-drawing.

Is a purchase necessary?

Even though you do require online access and you do need to be a registered member of this site to participate in the contests, absolutely no purchase is necessary to play the trivia contests on this site. Making a purchase will not increase your odds of winning. The odds of winning are dependent only on the total number of eligible correctly answered entries.

Who can/cannot participate?

Our trivia contest is open to all registered members of our website, 13 years of age and older. The game must be played from computers or Internet terminals that are physically located in any one of the above mentioned locations. To play, you must have a valid email address, have a web browser that is compatible with our site, and be registered as a member of our site. To register, simply click Create Account link from any page this site. Employees of Alon Systems, Inc., their subsidiaries, respective affiliates, advertising and promotion agencies, game prize sponsors, and members of the immediate family (defined as parents, children, siblings, and spouse) of those employees, together with those with whom such employees are domiciled are not eligible. The contest is void where prohibited by law or regulation, and is subject to any and all applicable Federal, State, and local laws and regulations. By entering, participants agree to be bound by these official rules.

Contest Terms and Conditions

By accepting these terms or by playing the trivia contest on this site, participants agree to abide by these official rules. By playing, participants release and hold us, our affiliates, agents, related companies, promotion partners, and their respective officers or employees harmless to the full extent permitted by law from any and all liability for any damage, loss, injury, or cost of any kind arising from or in connection with the game or any prize won. We reserve the right to modify or terminate the game if any factor relating to, but not limited to, fraud, technical hardware or software failure, or any other such factor beyond our reasonable control compromises the integrity of the game or corrupts or impairs the administration, fairness, security, or proper play of the game as determined by us at our sole discretion. We are not responsible for late, lost, incomplete, misdirected, or illegible answer entries or e-mail; for failed, garbled, incomplete, or delayed computer transmissions; for any technical failure resulting from, but not limited to hardware, software, telephone, cable, Internet service provider, website, or human error; or for lost or unavailable network connections that may limit or interfere with an individuals ability to participate in the game.

Charge Backs
Customers may erronerously request and receive a charge back from their card processing bank. This causes us to incur a ChargeBack fee from our card processor. We reserve the right to charge you the customer for this ChargeBack if your ChargeBack was not the result of any of our faults.
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