REFRESHING ART STUDIO LLC and www.RefreshingArt.com (“Seller”) sells products to you (“Buyer” or “Purchaser”) within the limits of the following Terms and Conditions.
Use of the Seller’s Website and Products
In connection with all dealings between Buyer and Seller, Buyer will not:
- Post or upload inappropriate content to Seller’s website.
- Breach or circumvent any laws, our systems, policies or Buyer’s account status.
- Use Seller’s Website for purchases if Buyer is not able to form legally binding contracts which include but is not limited to being under the age of 18, or Buyer is temporarily or indefinitely suspended from using Seller’s websites, services, applications or tools.
- Transfer Buyer’s account and user ID to another party without Seller’s consent.
- Distribute viruses or any other technologies that may harm the Seller or the interests or property of users on Seller’s website or products.
- Use any automated means such as robot, spider or scraper to access our website, business or products for any purpose.
- Reproduce, perform, or display content that belongs to Seller outside of Seller’s website without consent.
- Circumvent any technical services Seller provides to the website.
Buyer is free to stop using Seller’s website at any time for any reason. If Seller believes or discovers that Buyer is abusing Seller’s website or its purchase restrictions in relation to any products in any of the ways listed above or otherwise, Seller may, at Seller’s discretion, take any steps to prevent such abuse through the following: limit access, suspend or terminate your access to Seller’s website or products, reduce or eliminate any discounts and take technical and/or legal action to prevent Buyer from using Seller’s website.
Seller can cancel unconfirmed or inactive accounts. Seller reserves the right to refuse or terminate access to anyone for any reason at Seller’s discretion.
Seller reserves the right to make changes to the website, policies, and these conditions of use at any time. If these conditions are deemed invalid, void or for any reason unenforceable, such provision will be struck out and shall not affect the validity and enforceability of the remaining provisions.
Sales & Payment
All sales are expressly conditional on Buyer’s agreement to Seller’s standard terms and conditions. Any of the terms and provisions of Buyer’s order which are inconsistent with or in addition to the terms and conditions hereof shall not be binding on Seller and shall not be considered applicable to the sale or shipment of the merchandise referred to herein. Acceptance of the terms and conditions hereof by Buyer shall be provided to Seller electronically; however, in the absence of such, the sale and shipment by Seller of the merchandise covered hereby shall be conclusively deemed to be subject to the terms and conditions hereof.
Although Seller tries to ensure that all details, descriptions and prices are accurate, errors may occur.
If Seller discovers an error in the price etc. of any goods which Buyer has ordered, Seller will inform Buyer of this as soon as possible and give Buyer the option of reconfirming Buyer’s order at the correct price or cancelling it. If Seller is unable to contact Buyer, Seller will treat the order as cancelled.
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). REFRESHING ART STUDIO LLC reserves the right to change its payment procedures at any time without prior notice to you.
Buyer is responsible for ensuring all information provided to the Seller is true and accurate and that Buyer is an authorized user of the credit or debit card used to place Buyer’s order and that there are sufficient funds to cover the cost of the goods.
If Seller commences litigation or employs attorneys to collect payment of any amounts due it from Buyer, Buyer agrees to pay all actual attorney’s fees and costs incurred by Seller.
Shipping and Delivery
REFRESHING ART STUDIO LLC ships merchandise to locations within the continental United States, specifically the lower 48. An additional fee will be required from the purchaser to ship to the following locations: Puerto Rico, Guam, Alaska, Hawaii, and all Other U.S. Territories. We ship using either USPS or UPS. All purchases will come with a tracking number. Once the shipping service (UPS or USPS) has received the package, we hold no further responsibility for the item if it is lost, damaged or stolen in route to you. All purchases over $50 will require a signature verification upon receipt. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. We cannot ship COD, to PO boxes, or APO boxes.
International Shipping
REFRESHING ART STUDIO LLC ships worldwide. Please contact us prior to purchasing if this package is being delivered outside of the lower 48 continental United States. We do not offer any free shipping to items being delivered internationally, as they will be charged an additional fee for handling and customs.
We are not responsible for global shipping times, loss of package(s), theft, damage or delays. Please note that internationally shipped goods may be held in customs for an indefinite period of time and is out of our control. Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
We ship using either USPS or UPS. All purchases will come with a tracking number. Once the shipping service (UPS or USPS) has received the package, we hold no further responsibility for the item if it is lost, damaged or stolen in route to you. All purchases over $50 will require a signature verification upon receipt. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
We cannot ship COD, to PO boxes, or APO boxes.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your items. REFRESHING ART STUDIO LLC is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. REFRESHING ART STUDIO LLC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
Warranties
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. REFRESHING ART STUDIO LLC makes no
representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
REFRESHING ART SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL REFRESHING ART STUDIO LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. -- OR Depending on State -- The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. REFRESHING ART STUDIO LLC is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not REFRESHING ART STUDIO LLC.
The inclusion of material on this server does not imply any endorsement by REFRESHING ART STUDIO LLC, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although REFRESHING ART STUDIO LLC tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
The goods sold by the Seller are products deemed to be produced within acceptable methods of similar goods. The seller is committed to customer satisfaction and will make reasonable attempts to rectify customer concerns related to quality or mechanical functionality for a period of 12 months from shipment date. Except as to title, SELLER GIVES NO WARRANTY EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR OTHERWISE.
Seller shall not, under any circumstances be liable for any special, direct, indirect, incidental, exemplary, or consequential damages to persons or property arising out of or connected with the transactions contemplated hereby or the manufacture, subsequent sale, or use of the goods, including, but not limited to, loss of profit or revenues, loss of use in the products or any associated equipment, cost of capital, cost of substitute products, facilities, service or replacement power, down time, costs or claims of Buyer’s customers for such damages. If Buyer transfers title to or leases the products sold hereunder to any third party, Buyer shall indemnify and defend Seller and its suppliers against any such damage. Seller’s maximum liability for any reason shall be the value of the goods purchased by Buyer under this agreement, subject to the right of removal and return of the goods sold as provided below.
Refunds
REFRESHING ART STUDIO LLC cannot accept cancellations of any purchase unless we are contacted directly at manager@refreshingart.com within 24 hours of ordering, and a confirmation reply from us is received in that time period. We do not accept any cancellations to custom-made, one-of-a-kind pieces once we have started the creation process. If at any time you need to change or cancel an order, contact us immediately, preferably within 24 hours of ordering, and we will do what we can, as long as the creation process for your order has not been started, your order already been created and/or shipped. Should any changes need to be made, please contact us directly within the 24 hour time period at manager@refreshingart.com. REFRESHING ART STUDIO LLC retains the right to refuse cancellation, creation services, custom art requests, order changes, etc. at any time, for any reason.
Once your purchase has been received, if you are unsatisfied with the received product, please contact us within 7 days of the package being delivered. If we receive a product for a return, and contact was never made prior for authorization and further instruction, we retain the right to deny the return. All shipping costs, including from and to the seller, for any reason, are the responsibility of the purchaser.
REFRESHING ART STUDIO LLC retains no responsibility should items be lost, stolen, damaged, etc. due to the shipping process, and no returns or refunds will be made by REFRESHING ART STUDIO LLC due to postal incidents. That being said, all purchases will be insured by the seller – REFRESHING ART STUDIO LLC – at the expense of the purchaser as a part of the total cost for purchase and shipment of said item. If a shipping incident were to occur, including but not limited to, loss (no receipt of item within 30 days of shipment, but may be longer for international purchases) or damage, it is the purchaser’s responsibility to contact the seller – REFRESHING ART STUDIO LLC – to begin the insurance refund process. If, at any time within the insurance refund process the item previously thought to be lost or stolen arrives, the buyer is required to notify REFRESHING ART STUDIO LLC. At this point in time, if the buyer still requests a refund, the return process will be explained. REFRESHING ART STUDIO LLC retains the right to refute or deny a return or refund claim for any reason.
REFRESHING ART STUDIO LLC may take up to 30 days to conduct an investigation of the incident. If, at any point, we submit the incident for investigation by the Shipping Carrier for a return or refund, we may take up to 180 days after purchase to communicate with all shipping carriers and locations, to file a claim, receive our insurance refund, and issue a full refund to the purchaser.
If or when a credit is issued, any transportation charges and service charges to cover handling, inspection, counting, repackaging, restocking fees, etc. will be deducted from the final refund.
Delivery, Title and Risk of Loss
Delivery dates are approximate and based upon receipt of all necessary information from Buyer. Unless otherwise specified by Seller, delivery will be made, and title will pass F.O.B. point of shipment to Buyer and each shipment or delivery shall be considered a separate and independent transaction. Risk of loss or damage pass to Buyer on delivery to the shipping service(s).
Excusable Delays include but are not limited to: Seller will make a reasonable effort to notify Buyer of any material delay and will specify a revised delivery as soon as practical. Seller will not be liable for delays in delivery or performance, or for failure to manufacture, deliver or perform as a result of “Acts of God”, fire, acts of civil or military authority, government priorities, strikes or other disturbances, floods, epidemics, war, riots, delays in transportation or car shortages, or inability on account of causes beyond the reasonable control of Seller to obtain necessary materials, components, service or facilities, or any other cause beyond Seller’s reasonable control. In the event of any such delay, there will be no termination and the date of delivery or performance shall be extended for a period equal to the time lost by the reason of delay.
Copyright Notice
All content appearing on this Web site is the property of REFRESHING ART STUDIO LLC. Copyright © 2020 REFRESHING ART STUDIO LLC. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents, photos or any other representation on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2020 REFRESHING ART STUDIO LLC. All rights reserved. No intellectual properties, such as titles, designs, descriptions, pictures, or any similar representations of our (REFRESHING ART STUDIO LLC) artwork may be used for personal or public use or gain outside of REFRESHING ART STUDIO LLC.
Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by REFRESHING ART STUDIO LLC. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of REFRESHING ART STUDIO LLC or any third party, except as expressly granted herein.
Terms of Use
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. REFRESHING ART STUDIO LLC and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if REFRESHING ART STUDIO LLC believes that customer conduct violates applicable law or is harmful to the interests of REFRESHING ART STUDIO LLC and its subsidiaries.
Privacy Policy
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. REFRESHING ART STUDIO LLC and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if REFRESHING ART STUDIO LLC believes that customer conduct violates applicable law or is harmful to the interests of REFRESHING ART STUDIO LLC and its subsidiaries.
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. REFRESHING ART STUDIO LLC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of REFRESHING ART STUDIO LLC shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
The Terms and Conditions set forth herein are governed by the laws of the State of Missouri and such laws and jurisdiction shall govern any disputes that arise between Buyer and Seller.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and REFRESHING ART STUDIO LLC with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and REFRESHING ART STUDIO LLC with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by REFRESHING ART STUDIO LLC. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
CONFIDENTIALITY: We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our contact data or lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law.
All questions, comments, or inquiries should be directed to:
Email: manager@refreshingart.com
Call 9am to 6pm Monday-Friday: (417) 319-4161