We do currently not sell at all to Iran, Cuba, North Korea and Syria.
We may revise this list at any time. In addition, our goods are delivered by Fedex, which does not serve certain other countries and will not deliver goods to those countries.
CONTRACT FOR THE SALE OF GOODS
1. Parties. This contract for the sale of goods is between Art+Commerce, LLC organized under the laws of the State of Delaware (the “Seller”), and you (the “Buyer”).
2. Sale of Goods. The Seller shall sell to the Buyer and the Buyer shall purchase from the Seller the goods set selected on the website (the “Goods”) in the quantities and at the prices stated in on the website. The Buyer shall pay all taxes and third-party expenses (including, but not limited to shipping) imposed on, in connection with, the goods contemplated by this agreement in addition to the prices set forth on the website.
3. Payment. Payment through the website is a precondition of sale and shipment.
4. Delivery; Title; and Risk of Loss. Seller shall deliver the Goods via FedEx, and title to and risk of loss of the Goods will pass to the Buyer upon such delivery by the Seller. Seller does not currently or ship at all to Iran, Cuba, North Korea and Syria. Seller may revise this list at any time. In addition, Fedex does not serve certain other countries and accordingly, Seller will not be obligated to deliver Goods to those countries. Any stated delivery dates are approximate. The Seller will not be liable for any losses, damages, penalties, or expenses that arise from or in connection with the goods during shipment or failure to meet any delivery date.
5. Disclaimer of Warranty; Due Diligence. The Goods are being sold “as is,” and the Seller disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose. The Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made. The Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the Buyer has chosen to make and that the Seller has afforded the Buyer the opportunity for full and complete investigations, examinations, and inspections.
6. Limitation of Liability. The Seller will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Seller has been advised of the possibility of any such damage. In no event will the Seller’s liability exceed the price the Buyer paid to the Seller for the specific Goods provided by the Seller giving rise to the claim or cause of action.
7. Limitation of Actions. No action arising out of or relating to this agreement or the transactions it contemplates may be commenced against the Seller more than 12 months after the basis for such claim could reasonably have been discovered.
8. Governing Law and Designation of Forum. (a) The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement.
(b) A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or the transactions it contemplates must bring the legal action or proceeding in any court of the State of New York sitting in New York County. Each party to this agreement consents to the exclusive jurisdiction of the courts of the State of New York sitting in New York County and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.
9. Force Majeure. The Seller will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Seller’s reasonable control.
10. Recovery of Expenses. In any adversarial proceedings between the parties arising out of this agreement or the transactions it contemplates, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs, including legal fees and expenses.
11. Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties. No amendment to this agreement will be effective unless it is in writing and signed by both parties.