Terms and Conditions

Last Updated on May 21, 2021

Thank you for visiting the MonicaArts Design Store (store.monicaartsdesign.com).Web site (the “Site”). store.monicaartsdesign.com (“we,” “us,” “our”) wants you, as a visitor to the Site (“you”) to have a positive experience, so we have established the following terms and conditions so that we and you know what to expect from each other. By using the Site you agree to be bound by these Terms of Use. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes.

About Our Products

  • All original designs created by MonicaArts Design remain the rights and property of Monica Arts Design LLC, all rights reserved. Any violations of these rights of protection will be subject to legal action.
  • All prices and costs are displayed in US dollars.
  • We will gladly consider any custom design order that you do not see on our website. Custom design orders are subject to minimum quantities. Please submit a request by contacting us directly.
  • For most textiles offered, there is a minimum order cited.
  • Unless indicated, there is no minimum order required for other design categories.
  • Please be aware that every monitor displays colors somewhat differently.
  • MonicaArts Design Store reserves the right to not process orders submitted with incomplete information.
  • All pricing on MonicaArts Design Store is valid only on orders placed through the website.

Despite our best efforts, we are not responsible for typographical errors. In the event a design/product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, a credit to your credit card account in the amount of the charge will be immediately issued.

Shipping

Orders normally ship within three business days from time of order receipt. Please contact us regarding accommodations or additional cost for expedited orders.

MonicaArts Design Store cannot ship oversized design packages to PO Boxes.

Return Policy

The following products are ineligible for return:

  • Limited Edition, Signed Art Prints.
  • Packages of Art Cards, if opened. Non-salable condition includes, but is not limited to, items that have been cut, marked, or wrinkled, or items that have signs of other damage.
  • Limited Edition/Custom Order Printed Fabric, if cut or altered in any way or under 5 yards in quantity.

Note: It is the customer’s responsibility to inspect the item(s) in their order upon receipt to ensure any issues can be resolved within the 30 day window.

Please contact us if you have any questions. Your satisfaction is important to us!

Any customer who is dissatisfied with a purchase may submit a request to return the item(s) and receive a refund. All returned items must be in original and unaltered condition. Returns must be received within 30 days of original ship date. Any claims regarding an order must be made within 30 days of shipment. We do not refund the shipping and handling fee included in your order total.

I a return is approved, and to ensure proper credit of your return, please contact us and we will gladly assist you. All returns require return authorization, which will be provided to you. You will be responsible for the return shipping costs. You may send back the item(s) through a carrier of your choice. If the returned items are received damaged, they are no longer eligible for refund.

Privacy

Please review our Privacy Policy which also governs your use of our Site and the information you provide to us, to understand our practices.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All original designs created by MonicaArts Design remain the rights and property of Monica Arts Design LLC, all right reserved. Any violations of these rights of protection will be subject to legal action.

Your Account Obligations

In consideration of your use of the Site, you agree to:

  1.  Provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”); and
  2. Maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy.

For more information, please see our full privacy policy.

You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Site Content

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, including trademarks, without obtaining permission of the owner of the copyright or other proprietary right. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes.

We respect the intellectual property of others, and we ask our users to do the same.

Limitation of Liability and Disclaimer

THE SITE IS PROVIDED ON AN “AS SHOWN” BASIS, AND STORE@MONICAARTSDESIGN.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE PRODUCTS SOLD ON THE SITE. STORE@MONICAARTSDESIGN.COM HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE AND THE PRODUCTS OFFERED FOR SALE ON THE SITE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF THE SITE;(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND MERCHANDISE AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Our Rights

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or us.

Because transparency and service are paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer, cancel any order or part of an order, or refuse service to anyone for any reason. We also reserve the right to change the terms of any offer or promotion at any time without notice. We do NOT charge your credit card until after your order has entered the shipping process. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.

Links to Third Party Sites

Occasionally, we may make available a link to a third party’s website. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

Submission of Comments and Suggestions

We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You submit comments, suggestions, concerns or other material (“Submissions”) to us via email at info@monicaartsdesign.com. In your Submission, you may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assume no liability for any Submission posted by you or any other person or entity.

Applicable Laws

We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the State of Oregon, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Portland, Oregon for any disputes or controversies arising out of or related to these Terms of Use or your use of the Site.

Termination

These terms are effective until terminated by either party; provided that we may unilaterally change these terms with or without notice at any time. These terms of use may be updated from time to time, so it is recommended that you check back to review such terms of use intermittently. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Taxes

Sales tax is not applicable or collected in the State of Oregon and thus will not be included in Shipping and Handling fees for any orders shipped from store@monicaartsdesign.com.

Miscellaneous

These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legally binding effect.

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