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Terms and Conditions for Sales
Last Modified Date: May 15, 2019
(1) Obligation to Read. The information presented below sets forth your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you (the “purchaser”), with respect to any purchase transaction on www.theartemiscompany.org (the “Website”). These terms require the use of arbitration (on an individual basis only, i.e., case consolidations and class-actions are not permitted) in order to resolve disputes. Please review this document in its entirety before entering into any transaction on this Website. By placing an order on this Website, you agree to these terms and conditions. You may not order or obtain products or services from this Website unless you:
(a) agree to these terms and conditions in their entirety;
(b) are at least 18 years old;
(c) are aware of all local, state, and federal laws regarding the possession or carrying of the products you are ordering; and
(d) are not prohibited from accessing or using this Website or any of this Website’s contents, goods, or services by any applicable law, rule, or regulation.
(2) Applicability of Terms and Conditions. These terms and conditions (the “Terms”) shall apply to your purchase of products and related services through the Website. These Terms are subject to change at any time without prior written notice by The Artemis Company, LLC (“Company”). The most recent version of these Terms shall be posted for your review at any time on the Website. Please review these Terms in their entirety prior to engaging in any transaction on the Website. Your continued use of the Website after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of the Terms and any changes made.
(3) Online Order Acceptance and Cancellation. When placing an order on the Website, you are effectively offering to purchase whatever products and services you select. The Company reserves the right to accept or reject any order, in part or in its entirety. Should the Company elect to accept your offer, you will receive a confirming email at the email address that you provide. The Company reserves the right to cancel any order once accepted (as evidenced by a confirming email) at any time in its sole discretion. Additionally, you may cancel your order (in its entirety only) at any time prior to the Company’s sending the confirming email.
(4) Prices. All applicable prices are set forth alongside the goods and services offered on the Website. Such prices are subject to change at any time by the Company in its sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (a) sales, use, excise, and related taxes; and (b) shipping and handling charges. All such taxes and charges will be added to the merchandise total and will be itemized in the shopping cart and in the confirming email. The Company strives to display accurate price information. However, the Company may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. The Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(5) Payment Terms. Payment terms are within the Company’s sole discretion and, unless otherwise agreed to by the Company in writing, payment must be received by the Company before acceptance of an order. Payment may only be made with a valid credit card, a debit card, or PayPal. By using any such card or payment provider, you represent and warrant your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. You represent and warrant that:
(a) the credit card information the purchaser supplies to the Company is true, correct, and complete;
(b) the purchaser is duly authorized to use such credit card for the purchase;
(c) the purchaser’s credit card company will honor the charges incurred by the purchaser; and
(d) the purchaser will pay charges incurred by the purchaser at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of the order.
(6) Shipping and Delivery Information. The Company is responsible for shipping your accepted order to you at the address you provide when making the order. You are responsible for all associated shipping and handling charges for the shipping option you select at checkout. Title and risk of loss pass to the purchaser upon the Company’s transfer of the products to the purchaser. While the Company agrees to use reasonable efforts to meet the shipping and delivery dates provided online, it shall not be responsible for any delays in shipments.
(7) Returns and Refunds. If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided that:
(a) the goods were not designated as non-returnable;
(b) your return is made within seven (7) business days of delivery;
(c) the goods are returned in the same condition as originally received by you; and
(d) the goods are not obsolete or discontinued.
Once the Company receives the returned goods, it will refund your purchase price, less any additional shipping and handling charges. All returns must be made pursuant to the specific return procedure set forth on the Website (which can be found at: https://theartemiscompany.org/return-policy-and-procedure/). You bear the risk of loss or damage during shipment (other than when returning non-conforming goods) and as such, you are advised to obtain appropriate insurance. Refunds are processed within approximately 14 business days of the Company’s receipt of the goods. Your refund will be credited back to the same payment method used to make the applicable purchase. After the seven (7) business day refund period, the Company may consider and accept refund requests at its sole discretion. However, no refund is guaranteed after the seven (7) business day refund period.
(8) Return of Defective Goods. For return of defective goods, please refer to the manufacturer’s warranty (see Section 12) included with the product or as detailed in the product’s description on the Website.
(9) Buyer’s Representations and Warranties. You represent and warrant to the Company:
(a) that you have the right to enter into any contemplated transaction on this Website without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party;
(b) that you will use the goods and services provided on the Website exactly as authorized and never in any way that would violate any applicable law or third party right of any kind;
(c) that you are buying goods or services from the Website solely for your own use and not for resale or export; and
(d) if the order is to ship internationally, that you accept the risk of confiscation en route. If customs should confiscate or return the merchandise to us, you are still responsible for all shipping charges including return shipping charges.
(10) Compliance with Laws Relating to Any of the Company’s Products. By placing an order on the Website you acknowledge that you are aware that some products sold on the Website are not legal in all States and Countries. By placing an order on this Website you acknowledge that it is your sole responsibility to ensure that the purchase of the Company’s product is in compliance with government regulations, and you further acknowledge that the Company is not responsible for ensuring that your purchase is legal. The Artemis Company, LLC shall be held blameless for any infraction of laws by the purchaser.
(11) COMPANY’S LIMITED WARRANTY. The Company represents and warrants to you that any goods purchased by you on the Website, when used specifically as authorized by the Company and without modification, will conform in all material respects to: (a) the specifications set forth on the Website, and (b) any instructions that the Company provides you with upon delivery of the goods. The Company further represents and warrants to you that any goods or services purchased by you on the Website will be safe for their intended use and free from defects in material, functionality, and workmanship. Notwithstanding the foregoing, this warranty shall not apply when the goods are subject to: negligence, misconduct, misuse, abuse, accident, improper installation or handling, unusual environmental conditions, or other extreme stress, alteration, repair by anyone other than the Company (or one of its authorized representatives), use with any third-party product or service (other than as specifically authorized in advance by us), or use in violation of any provided-for instructions. Notwithstanding the foregoing, any products manufactured by a third party and incorporated in any goods provided on the Website are not covered by this limited warranty. The Company further warrants to you that it will perform any services purchased through the Site using personnel of all required skill, experience, and qualifications and in a professional manner in accordance with generally recognized industry standards for similar services in order to meet its obligations under these Terms.
Your sole remedy with respect to a breach by the Company of its warranties to you shall be to inform the Company, in writing, of your desire to exercise this limited warranty, along with a sufficiently detailed explanation of your reason(s), so that the Company may either: (a) repair or replace the goods in question (or re-perform the services, as applicable); or (b) credit or refund your purchase price. In such instance, restocking fees shall not apply. The Company shall have the right to select which cure option to pursue, and it will be responsible for shipping and handling charges associated with resending replacement goods (and shall also be responsible for their risk of loss in transit during such time), if and as applicable. Any claim made by you hereunder shall be made within seven (7) days of delivery or be forever waived. The Company reserves the right to verify any such claim. This warranty period is not extended if the Company has to repair or replace a warranted product or re-perform a warranted service. This limited warranty extends only to you as the original purchaser of the Company’s products and services from the Website (i.e., and not to any subsequent owner or beneficiary of any goods or services received hereunder). In order to obtain warranty service, please contact email@example.com. If for any reason you believe in good faith that the Company has not fulfilled its obligations under this limited warranty, you are entitled to follow the dispute resolution procedures set forth in Section (22) below. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
(12) [MANUFACTURER’S WARRANTY AND DISCLAIMERS. The Company does not manufacture any of the products or services offered on the Website. The products and services offered on the Website are covered by the manufacturer’s warranty as detailed in the product’s description on the Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty. All products and services offered on this site are provided “as is” without any warranty whatsoever, including, without limitation, any:
(a) Warranty of merchantability
(b) Warranty of fitness for a particular purpose; or
(c) Warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the purchaser. The purchaser affirms that the company shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to honor its warranty obligations to the purchaser.]
(13) LIMITATION ON WARRANTIES. Subject to applicable law, and without limitation on the foregoing, the Company limits the duration and applicability of any and all implied warranties (including without limitation the warranties of merchantability, fitness for a particular purpose, title, or warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise) to the duration of the limited warranty set forth in Section 11 above. PLEASE NOTE THAT SOME STATES DO NOT ALLOW FOR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES AND THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.
(14) SOLE AND EXCLUSIVE REMEDIES AND LIABILITY CAP. Subject to applicable law, the remedies set forth above are your sole and exclusive remedies, and the Company’s entire obligation and liability, for any breach of its limited warranty. Subject to applicable law, under no circumstances will the Company’s obligation or liability under these Terms exceed the purchase price you paid on the Website for any goods or services. Additionally, subject to applicable law, under no circumstances will the Company be liable for any loss of use, data, business, goodwill, reputation, or revenue, and/or any consequential, incidental, special, or punitive damages or other direct or indirect losses of any kind. Some states do not allow for the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. This limitation of liability shall not apply to the manufacturer’s gross negligence or willful misconduct and death or bodily injury arising out of such gross negligence or willful misconduct. The Company has been given assurances of product salability, merchantability, and compliance from the manufacturers. In no event shall the Company be liable to the purchaser or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, arising out of, or relating to, and/ or in connection with any breach of these Terms, regardless of:
(a) Whether such damages were foreseeable;
(b) Whether or not the Company was advised of the possibility of such damages; and
(c) The legal or equitable theory (contract, tort, or otherwise) upon which claim is based.
(16) Indemnification. The Company is not responsible for any physical harm, damage, injury, or loss, direct or consequential, arising out of the use, inability to use, or misuse of any product purchased from us, including the failure of the products to perform as advertised. You, the purchaser, shall indemnify and hold harmless the Company for all claims resulting directly or indirectly from the purchase, ownership, and use of the item in compliance or violation of federal, state, and local laws or regulations.
(17) Third Party Beneficiaries. These Terms are for your sole benefit and nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
(18) Force Majeure. The Company shall not be liable or responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to the Company workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
(19) Assignment. Company may assign or otherwise transfer any or all of its rights or obligations under these Terms, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties under these Terms at any time without the Company’s prior written consent in each instance, and any attempt to do so shall be null and void and will not relieve the purchaser of any obligations under these terms.
(20) Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
(21) Governing Law. This Website is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Alabama.
(22) Binding Arbitration. Subject to all applicable laws, you are agreeing to give up:
(a) your right to litigate any claims that may arise under these Terms or in relation to your purchase from this Website in court or before a jury; and
(b) your right to consolidate any claim and/or participate in any class-action claim that may arise under these Terms or in relation to your purchase from this Site in any manner or forum.
Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction over the arbitration. The arbitration shall take place before a panel of one arbitrator sitting in Alabama. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Alabama. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all of its own costs, as well as the reasonable outside attorneys’ fees actually incurred in connection with any such arbitration proceedings; provided, however, that if the Company is the prevailing party, it shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration under these Terms, as stated above, you expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section (22) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
(23) Small-Claims Option. Notwithstanding Section 22, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide the Company with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute, i.e., you are not permitted to file, or participate in, a class action suit or consolidated claim in small-claims court with respect to these Terms.
(24) No Waivers. The Company’s failure to enforce any of its rights under these Terms will not constitute a waiver of its right to make such enforcement in the future, subject to applicable law. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of The Artemis Company, LLC.
(25) Notices. The Company may provide notices under these Terms to you by email. You shall be responsible for ensuring that you have provided the Company with your current email and mailing addresses. You can contact the Company at any time by email to firstname.lastname@example.org. The Company may update the contact information for notices to the Company by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email will be effective one business day after they are sent. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
(26) Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision shall be deemed severed from these terms and shalll not affect the validity or enforceability of the remaining provisions of these terms.