Terms
All of the content and services provided through this website, www.tableartonline.com, including any associated mobile applications ("our Website"), are provided by TableArt Inc. ("TableArt",” “we,” “us” or “our”) under the terms and conditions set forth below (the “Terms”). The Terms, together with our Privacy Policy and FAQ’s, constitute the terms of use of our website and are collectively referred to as our “Terms and Conditions.” By visiting or shopping at our Website, you agree to accept and be bound by the Terms and Conditions. It is the responsibility of each user of our Website to read and understand the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use our Website.
User Account
You are responsible for maintaining the confidentiality of any account that you establish on our Website, including the password that you select for restricting access to your account. You agree to accept all responsibility for all activities that occur under your account. TableArt reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. TableArt also reserves the right to terminate your account and restrict your use of our Website if we have reason to believe you have violated any of the Terms and Conditions, including providing false information.
Purchases and Returns
All purchases must be paid in full at the time your order is placed.
While we hope that you are happy with your purchases, except for merchandise that is listed on our website as a "special order," merchandise purchased on our Website (other than merchandise that is a "special order") may be returned for store credit if you follow the instructions and comply with the terms and conditions set forth in our FAQ’s.
Merchandise that is listed on our website as a "special order" cannot be returned except for certain damaged merchandise (see our FAQ’s).
Bed linens may not be returned unless in original packaging and unopened.
Handmade Items and Natural Materials
Many of our products are handmade, mouthblown or hand-painted. Accordingly, there may be minor variations from item to item. These products are produced in accordance with the strict production standards and quality control procedures by each of our producers.
All products made wholly or in part from natural materials and metals will have some variations, and, as a result, multiples of the same product will, in all likelihood, not be exactly alike. TableArt will not responsible to the purchaser for any such naturally occurring variations.
Shipping
Except for special orders, or unless otherwise specified, TableArt will use reasonable efforts to ship merchandise within three business days of purchase. We use UPS Ground as our primary method of shipping. If you desire to ship via UPS Air, you may so indicate in the appropriate box during checkout, in which case air shipping charges will be billed to you (as a separate charge from your purchase; i.e., there will be two separate charges on your credit card, one for your purchase and another for shipping). For more information on shipping and shipping rates, see our FAQs.
Since we ship via UPS, we cannot ship to a PO box address.
For international shipments, any duties, taxes or customs brokerage or other charges will be the responsibility of the recipient.
Revisions to Terms and Conditons
TableArt reserves the right, exercisable at its sole discretion, to change the Terms and Conditions with or without notification of users of our Website. If you do not agree with any changes to the Terms and Conditions, your sole recourse is to stop using our Website.
Warranties by You
In placing an order or making purchases from our website, you represent and warrant that you are at least 16 years of age and that all information that you provide to our Website is true, accurate and complete and that you have legal authority to place an order.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY TABLEART ON AN "AS IS" AND "AS AVAILABLE" BASIS. TABLEART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TABLEART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TABLEART DOES NOT WARRANT THAT OUR WEBSITE, THE SERVERS ON WHICH OUR WEBSITE IS HOSTED, OR E-MAIL SENT FROM TABLEART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TABLEART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting our Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use of our Website and the Terms and Conditions and any dispute of any sort that might arise between you and TableArt or its affiliates.
Disputes
Any dispute relating in any way to your visit to our Website or to products you purchase through our website shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate TableArt's intellectual property rights, TableArt may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify and hold harmless TableArt and its directors, officers, employees, suppliers and agents, from any action, claim, demand or damages, including reasonable attorneys' fees and expenses, made or incurred by any third party arising out of or related to your use of our website.
Intellectual Property
All information on our website, including, without limitation, images, graphics, look and feel and text, is protected by various intellectual property and other laws. TableArt grants individual users a limited license to access and make personal use of our website. You agree not to duplicate, sell, distribute for commercial erson or modify any portion of our Website without the express written authorization of TableArt.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TableArt's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying TableArt that you believe your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TableArt's copyright agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
TableArt Legal Department
Pacific Design Center, Green Building, Ground Floor
West Hollywood, CA 90069
323.653.8278 (T)
323.653.8279 (F)
[email protected]