TERMS & CONDITIONS
Welcome to ArtProFile Website (the “Site” or “Website”) is operated by ArtProFile. Throughout the site, the terms “we”, “us” and “our” refer to ArtProFile site. This website, including all information, tools, and services available from this online store to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting ArtProFile site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the ArtProFile site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ArtProFile sites reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Age of user & Online store terms
ArtProFile sites are intended for use by adults only, by agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
All trademarks, trade names, logos, and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the ArtProFile site or in the content belong to ArtProFile products or the Marks’ respective owners. You may not use or reproduce the Marks or any confusingly similar marks without our written consent.
Accuracy, completeness, and timeliness of information
ArtProFile sites are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
If you make an account on the ArtProFile online store, you are solely responsible for maintaining the security and confidentiality of your account, including your password, and keeping the information listed in your account, including your email address, current. You are responsible for all activities and purchases connected to your account.
By creating an account or submitting an order, you agree to receive electronic communications related to your orders at the email address provided and agree that any electronic communication satisfies any legal requirement that a communication be in writing.
You agree to immediately notify us of any breach of security on the ArtProFile site, including unauthorized use of your password, account, or financial information. We reserve the right to disable your account at any time, for any reason.
Terms of sale
By placing an order on the ArtProFile sites, you offer to purchase the products listed in your order. You may check and correct any input errors in your order up until the point at which you submit your order to us on the checkout page. By submitting your order, you agree to pay for the Products you have ordered.
Online payment transactions are also subject to validation checks by your card issuer to verify your identity and ensure the security of the transaction. We do not control these checks and are not responsible if your card issuer declines to authorize payment for your order.
Product Availability and Price
ArtProFile cannot guarantee the availability of products listed on the ArtProFile site and we reserve the right to discontinue, replace, restock, add, or change any product at any time. The product you receive may vary slightly from the photographs on the ArtProFile site for technical reasons, including your screen’s display capabilities, or due to minor modifications to the products. You will not be entitled to a return based solely upon immaterial variations from the photographs on the ArtProFile site.
The price charged for a product is the price quoted on the ArtProFile site when you place your order. We may change prices at any time without notice to you, and you will not be entitled to a partial or complete refund by virtue of any change in price that occurs after you have placed your order.
Once you have placed your order, ArtProFile will send you an order confirmation to the email address you provide, confirming that your order has been received. All orders are subject to our acceptance. ArtProFile retain the right to reject all orders at our sole discretion, including if: (a) products become unavailable, or (b) an order appears abnormal or suspicious. If your order is rejected, we will provide you with written notice and a refund or credit.
We will communicate our acceptance of your order by notifying you that your order has been dispatched (the “Order Confirmation”) at the email address you provide. Once your order is accepted, we are obligated to supply you with the products which appear in the Order Confirmation.
Shipping risk of loss and taxes
ArtProFile will ship Product(s) ordered by you according to the delivery method you have selected and to the address indicated in the order Confirmation. Delivery times provided by the ArtProFile are only estimates and ArtProFile shall not be responsible for any damages or costs resulting from any delays caused by any circumstances outside our reasonable control, including weather, strikes, acts or war or terror, errors, or omissions by third parties, errors or omissions by you, or the decreased availability of transportation services.
Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, provincial, or other sales or any other taxes or dues. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Customers are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes and duties associated with the order which may be charged in their jurisdiction.
All Product(s) purchased from ArtProFile are delivered via third party delivery companies, pursuant to a shipping contract. You shall become the owner of the Product(s) and assume the risks of loss from the time of delivery by ArtProFile of the Product(s) to the third-party delivery company.
All Product returns are subject to ArtProFile Return Policy, the Terms of which are deemed to be incorporated herein.
We may not provide you with access to third-party tools over which we monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User comments, feedback, and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, inaccuracies, and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
The ArtProFile website may only be used for lawful purposes and is only available to you for your personal, non-commercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website, and accessing product information for your personal review.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Limitation of liability
Will not be responsible for any damages or losses of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, howsoever caused, including but not limited to the following:
Any loss of data, lost profits, lost savings, loss of goodwill, lost business, loss of use or lack of availability of facilities including computer resources, routers and stored data, arising out of or in connection with the use of this website, including without limitation the materials or information provided through this website, links with other websites or social media, the products, or the transactions conducted on or from any designer brands’ website or social media, even if designer brands or any of its lawful agents, contractors, employees or mandatories have been previously advised of the possibility of such damages or claim.
Without limiting the foregoing, in no event will designer brands be liable for:
Damages or losses resulting from viruses including computer or web based viruses, data corruption, failed messages, damages arising as a result of same or transmission errors or problems, telecommunications service providers, designer brands’ contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by the user or purchaser, or their respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of designer brands.
If, notwithstanding the limitations noted herein, designer brands is found to be liable for any damage(s) or loss in connection with this website, in no case shall designer brands’ total liability arising under any cause whatsoever, including, without limitation, breach of contract, negligence, gross negligence or otherwise, be for more than the amount paid by the user or purchaser for the specific product(s) ordered under this agreement and to which the claim relates.
If you are dissatisfied with these terms or this website, your sole and unique remedy is to discontinue using and accessing this website.
This Website is controlled, owned, and operated by ArtProFile located in Manhattan, New York, United State and these Terms, this Website, any use of this Website and any transaction conducted on or from it shall be governed by the laws of the Province of New York and the laws of United States applicable therein without reference to principles of conflict of laws.
You agree to indemnify, defend and hold harmless ArtProFile online store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If any one of these Terms or Conditions shall be deemed invalid, void, or for any reason unenforceable, then such Term or Condition shall be deemed severable from the remaining Terms and Conditions and shall not affect the validity and enforceability of any remaining Terms and Conditions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at: firstname.lastname@example.org