By clicking the “Accept” button, you agree to be bound by the following terms and conditions for your purchase from Artists Coalition of Fairfax, Inc. of Works of Art products sold in the United States through this website. You agree and represent that you are buying for your own internal use and not for resale. Different terms and conditions apply to resellers by Artists Coalition of Fairfax, Inc.
1. Other Documents
THESE TERMS AND CONDITIONS APPLY UNLESS YOU HAVE EXECUTED A SEPARATE PURCHASE AGREEMENT WITH ARTISTS COALITION OF FAIRFAX, INC. Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by the Artists Coalition of Fairfax, Inc.
2. Payment Terms; Orders; Quotations
Terms of payment are determined at Artists Coalition of Fairfax, Inc. sole discretion based on the payment option you select, and payment must be received by Artists Coalition of Fairfax, Inc. prior to Artists Coalition of Fairfax, Inc. acceptance of your order. Payment shall be made by credit card, check, or wire transfer, unless some other pre-arranged method of payment has been accepted by Artists Coalition of Fairfax, Inc. You represent that your credit card usage follows all requirements of the credit card issuer. Any order is not binding unless accepted by Artists Coalition of Fairfax, Inc. Accepted orders are subject to cancellation by the Artists Coalition of Fairfax, Inc. at its sole discretion. Website prices are the only quotation on the price of goods except for extraordinary shipping arrangements. Any quotation provided by Artists Coalition of Fairfax, Inc. will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for two days from date of quotation. Otherwise, Artists Coalition of Fairfax, Inc. standard shipping pricing applies. Artists Coalition of Fairfax, Inc.is not responsible for pricing, typographical, or other errors in any offers and reserves the right to cancel any accepted orders resulting from such errors.
3. Prices; Shipping and Handling Charges; Taxes
All prices published in the website do not include charges for shipping and handling, for sales taxes and any such charges are additional. Separate charges will be shown on the order acknowledgment for each applicable order. Taxes will be charged for orders shipped to states in which Artists Coalition of Fairfax, Inc.is obligated to collect and report such sales.
4. Title
Title and risk of loss pass to you upon shipment from Artists Coalition of Fairfax, Inc. dock of origin. You must notify Artists Coalition of Fairfax, Inc. within two weeks of date of shipment in case any part of your purchase is wrong or damaged. Intellectual property title to all artwork will remain with the applicable Author(s) and any commercial reproduction is expressly prohibited without the Author(s) written consent.
5. Limited Warranty
Artists Coalition of Fairfax, Inc.is only obligated to honor warranties express or implied following receipt of your payment in full for your Artists Coalition of Fairfax, Inc. product. EXCEPT AS EXPRESSLY STATED IN THE LIMITED WARRANTY STATEMENT, ARTISTS COALITION OF FAIRFAX, INC.MAKES NO OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. TITLE, AND NON-INFRINGEMENT, TO THE EXTENT THAT IMPLIED WARRANTIES MAY NOT BE EXCLUDED, THEY ARE LIMITED TO THE EFFECTIVE PERIOD OF THE APPLICABLE LIMITED WARRANTY FOR THE PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO SUCH LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE ARTISTS COALITION OF FAIRFAX, INC. LIABILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AS SET FORTH IN THE APPLICABLE LIMITED WARRANTY STATEMENT.
6. Service and Support
Artists Coalition of Fairfax, Inc. has no obligation to provide service and support except in accordance with the limited warranty program applicable to the covered product, or any other service offering purchased for such product. If it is determined that the product needs to be returned for support, you must follow the return procedures in the applicable limited warranty and the terms of any applicable service offering. All returns for support require a Return Material Authorization (RMA) number. To obtain an RMA number and information on our RMA process, please email RMA@artcofair.org. An RMA must be requested within the applicable period under the limited warranty or service offering. All products must be returned to Artists Coalition of Fairfax, Inc. within ten (10) days of receipt of the RMA number and you must pay return shipping charges. Returns made without a RMA number will be refused. Upon receipt of the returned product(s), Artists Coalition of Fairfax, Inc. will inspect the product to be certain all parts and no abuse, misuse or user negligence was responsible for damages which caused the return. You agree to pay Artists Coalition of Fairfax, Inc. for any costs associated, or related to any abuse, misuse of the product or user negligence of such product. You agree that Artists Coalition of Fairfax, Inc. may offset such amount against any credit applicable for such returned product charges.
8. Product Availability
Our Fine Art Products are original pieces of art and only one piece is available. Limited Editions have a finite number of copies and the product might become sold out. Products may not be available for immediate delivery. In the unlikely event that product becomes unavailable; Artists Coalition of Fairfax, Inc. reserves the right to cancel orders or to suggest a substantially equivalent product.
9. Limitation of Liability
YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY: ARTISTS COALITION OF FAIRFAX, INC.SHALL NOT BE LIABLE BEYOND THE REMEDIES SET FORTH HEREIN. ARTISTS COALITION OF FAIRFAX, INC. MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID FOR THE PRODUCTS ORDERED BY YOU. IN NO EVENT SHALL ARTISTS COALITION OF FAIRFAX, INC.BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM BY A THIRD PARTY OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARTISTS COALITION OF FAIRFAX, INC. SHALL NOT BE LIABLE FOR LOSS OF PRODUCT AVAILABILITY, OR LOSS OF PROFITS OR BUSINESS. SOME STATES DO NOT ALLOW LIMITATIONS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS MAY NOT APPLY TO YOU.
10. Governing Law, Jurisdiction, and Our Agreement to Arbitrate
The sale and use of products purchased under this Agreement shall be governed by the laws of the State of Virginia. You agree that venue and jurisdiction for all disputes will lie in Fairfax County, Virginia. You agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise of any kind) between you and Artists Coalition of Fairfax, Inc. its agents, employees, directors, and affiliates arising in relation to this Agreement and the products purchased hereunder shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator knowledgeable in Internet contracts. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will pay its own costs and attorneys’ fees, if any, provided that Artists Coalition of Fairfax, Inc. will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent that such fees exceed the amount of the filing fee to initiate a claim in the court of general jurisdiction in the state where you reside. If any party prevails on a statutory claim that allow for the prevailing party to receive award of attorney’s fees, the arbitrator may aware reasonable fees to the prevailing party.
14. No Assignment
You may not assign its rights or obligations under this Agreement without the express written consent of the Artists Coalition of Fairfax, Inc.
15. Privacy
To advise you how we handle your personal data that is gathered online, please see our privacy policy at the following URL: http://www.artcofair.org/privacy Clicking on the privacy link on the lower navigation bar of the specific webpage where you provide personal data will also direct you to the applicable privacy policy.
16. Invalidity of Provisions
If any provision or provisions of this Agreement are held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.