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Terms & Conditions

Trademarks/Terms & Conditions

These Terms & Conditions relate to and administrate your use of the Essential Art Products site found at www.EssentialArtProducts.com (the "Site"). The Site is the property of Essential Art Products. Essential Art Products reserves the right, at our sole discretion, to modify, add, or delete segments of these Terms & Conditions, at whatever time we deem suitable. You are responsible for checking these Terms & Conditions each time you use our Site for the purchase of art materials and supplies. Your continued use of the Site after changes have been posted will signify your acceptance of and agreement with said changes.

Limited License

Essential Art Products offers you a limited, revocable, and non-exclusive license to access and utilize (for personal use) the Site solely for its intended purpose of purchasing art supplies online and for no other purpose. Essential Art Products may rescind this license at any time and without prior notice, for any reason or without reason, in Essential Art Products’ sole discretion. No portion of the Site may be changed, copied, or framed without our explicit prior written consent, except for one copy of these Terms & Conditions to be made for your private records.

Your Account

Before you purchase any artist supplies, you must first set up a customer account (hereafter referred to as "My Account"). Users of our online art supplies catalog are liable for maintaining the privacy of their account and password and for limiting access to their personal computer. If at any time you believe the security of your account may have been breached, you should immediately change your password and contact our customer support representatives to settle the matter. You agree that you shall be liable for all goings-on that occur under your account name/password at this time.

Conditions of Sale and Payment Terms

To purchase services or art supplies from our Site, you must be at least eighteen years old (or the appropriate age of majority in your state). Before purchasing any art materials and supplies or services on our Site, you must give us a valid credit card number/Paypal account number and related payment information including the following:
  1. Name as it appears on the card,
  2. The credit card number,
  3. Credit card type, (we accept Visa, MasterCard, Discover, and American Express)
  4. Expiration Date
  5. Any activation numbers or security codes needed to charge or authenticate the card. 

By presenting that information to us, you hereby indicate that you authorize us to charge your card within thirty days of authorization. For returns or exchanges, please see our Return Policy.

Methods of Payment, Credit Card Terms and Taxes

All payments must be made by VISA, MasterCard, American Express, Discover, and government credit cards (any of which may be deleted by Essential Art Products in its sole discretion) or via a valid Paypal account. To the extent the terms of any purchase order differs from or disagrees with these Terms & Conditions, these Terms & Conditions shall take precedence unless Essential Art Products has specifically agreed otherwise in writing, as executed by a properly authorized representative of Essential Art Products. Your card issuer agreement oversees your use of your chosen method of payment, and you must consult that agreement and not these Terms & Conditions to establish your rights and responsibilities as a cardholder. YOU, NOT ESSENTIAL ART PRODUCTS, ARE SOLELY RESPONSIBLE FOR PAYMENT OF ANY UNAUTHORIZED PURCHASES OF ART SUPPLIES CHARGED TO YOUR CREDIT CARD BY A THIRD PARTY. You hereby agree to pay any and all fees/charges sustained in connection with your purchases from our online art supplies store (including relevant taxes) at the prices in effect when the charges were sustained. Unless you inform Essential Art Products of any differences within sixty days of their first appearance on your credit card statement, you consent that they will be considered accepted by you for all intentions. If Essential Art Products does not obtain payment from your credit card issuer or its agent, you consent to pay all amounts outstanding upon command by Essential Art Products or its representatives. Except what Essential Art Products actually receives from you at the time of purchase, you are liable for paying any government taxes added to your purchases of artist supplies, such as, but not limited to, sales, use, or value-added taxes. Essential Art Products shall automatically charge and hold back the appropriate sales tax for orders to be delivered to addresses within any states or localities that we deem are necessary.

Changes to Prices or Billing

Essential Art Products reserves the right, at whatever time, to modify our prices and/or billing methods for artists’ supplies sold, operative immediately upon posting on the site.

Order Acceptance Policy

Upon your receipt of any form of order confirmation, it shall not signify our immediate acceptance of your order, nor does it represent confirmation of our offer to sell. Essential Art Products reserves the right, at any time after receiving your purchase order, to allow or refuse your order for any reason or without reason. Essential Art Products further withholds the right, any time after receipt of your order and with/without prior notice to you, to provide less than the requested quantity of artist supplies ordered for any item. Your order will be considered accepted by Essential Art Products upon shipment of products or execution of services ordered. Title to goods is passed to you upon delivery to the common carrier (i.e. UPS or USPS). We may have need of additional verifications or information before allowing an online art supplies order.

Copyright and Trademark Notice

All text, images, graphics, user interfaces, photographs, trademarks, logos, artwork and similar content portrayed in the Essential Art Products online art supplies catalog (collectively, "Content"), including, but not limited to, the design, collection, arrangement, and organization of said Content on the Site is owned or licensed by or to Essential Art Products, and is protected by copyright, trademark laws, and other intellectual property rights laws. Except as explicitly provided in these Terms & Conditions, no portion of the art supplies catalog Site or Content may be reproduced, recorded, retransmitted, sold, leased, broadcast, distributed, published, uploaded, posted, publicly displayed, modified to derive new works, performed, digitized, compiled, translated, or transmitted in any way to any other computer, site or other medium or for any commercial purpose, without the prior explicit written consent of Essential Art Products'. Essential Art Products specifically disclaims all accountability and liability for your use of any Content received on or in connection with the online art supplies Site.

Product Descriptions

Essential Art Products strives to give precise descriptions of art materials and supplies available at www.EssentialArtProducts.com. Nevertheless, we cannot guarantee that the descriptions found in our art supplies online catalog are perfect, complete, trustworthy, up to date, or error-free. If a product sold by Essential Art Products is not as illustrated, you may choose to return or exchange it if it is in new and unused condition. For more information, please view our RETURN POLICY.

Mispriced Products

Essential Art Products has the right to decline or terminate any online art supplies orders placed for products and/or services listed at an erroneous price, rebate or refund, or containing any other inaccurate information or typographical errors. Essential Art Products has the right to reject or revoke any such orders for art supplies whether or not the order has been completed and your credit card billed. If your credit card has already been billed for the purchase and your order is rejected or revoked, Essential Art Products shall supply a credit to your credit card account in the amount of the charge right away.

Inventory

Essential Art Products uses commercially practical efforts to keep precise inventory information available for all fine art supplies purchasable via our online artist supplies catalog. We cannot, however, promise that all products will still be "in stock" at the time we choose to fill your order. In this event, we will inform you via email that one or more of your selections are not available for timely shipment. You can do naught in such an instance, and we will complete your order once the product becomes available, or, if you prefer, you may withdraw your order by speaking with us via email or phone (1-866-205-6829) before said item ships. If we conclude that a backordered item will no longer be available, we will also inform you and automatically call off your order. Please remember that we will never bill your credit card until the art materials and supplies you selected ship. For that reason, there is no need for an amendment to your credit card in the event you withdraw an order that we inform you is unavailable before such item ships.

Disclaimer

THE ONLINE ART SUPPLIES SITE IS PROVIDED IN "AS IS," "AS AVAILABLE" CONDITION AND WITHOUT REGARD TO ANY WARRANTIES OF ANY KIND, SUCH AS, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SITE OR IN REGARDS TO THE QUALITY OR VERACITY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE VIA USE OF THE SITE, OR THAT THE ONLINE ART SUPPLIES SITE WILL BE UNINTERRUPTED AND/OR ERROR-FREE. MOREOVER, ESSENTIAL ART PRODUCTS MAKES NO GUARANTEE THAT ANY DEFECTS, KNOWN OR UNKNOWN, WILL BE RECTIFIED, OR THAT THE ONLINE ART SUPPLIES SITE WILL BE WITHOUT ANY VIRUS. ESSENTIAL ART PRODUCTS REJECTS ALL WARRANTIES, EXPRESS, IMPLIED OR STATED, SUCH AS, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SOME STATES DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY IN ALL CASES. IN THOSE STATES, ESSENTIAL ART PRODUCTS' RESPONSIBILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LOCAL, STATE, AND/OR FEDERAL LAW. ANY WARRANTIES WITH RESPECT TO ART MATERIALS AND SUPPLIES PURCHASED ARE REGULATED BY THOSE WARRANTIES EXPLICITLY MADE BY THE MANUFACTURER OR DISTRIBUTOR OF THE PRODUCT PURCHASED IN REGARD TO SAID PRODUCT.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ESSENTIAL ART PRODUCTS BE RESPONSIBLE UNDER ANY PORTION OF THESE TERMS & CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, STANDARD OR ENSUING DAMAGES (SUCH AS, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR PROSPECT) THROUGH THE UTILIZATION OF ITS ONLINE ART SUPPLY STORES WHETHER OR NOT ESSENTIAL ART PRODUCTS HAS BEEN NOTIFIED OF THE PROBABILITY OF SUCH LOSS OR DAMAGES. ESSENTIAL ART PRODUCTS SHALL NOT BE RESPONSIBLE FOR THE COST OF PROCURING SUBSTITUTE ARTIST SUPPLIES, AND IN NO EVENT SHALL ESSENTIAL ART PRODUCTS’ LIABILITY TO YOU SURPASS THE GREATER OF (i) THE AMOUNT PAID TO ESSENTIAL ART PRODUCTS FOR THE PRODUCTS’ PUCHASE DURING THE THIRTY DAYS IMMEDIATELY BEFORE DAMAGE OR (ii) TEN DOLLARS. NO ACTION, WITHOUT REGARD TO FORM, ARISING AS A CONSEQUENCE OF THESE TERMS & CONDITIONS MAY BE BROUGHT BY YOU OR ESSENTIAL ART PRODUCTS MORE THAN TWELVE MONTHS AFTER THE EVENT TRIGGERING THE CAUSE OF ACTION HAS OCCURRED. THE PROVISOS OF THIS SECTION WILL OUTLAST ANY TERMINATION OF THESE TERMS & CONDITIONS AND YOUR USE OF THE SITE. IN JURISDICTIONS THAT CONTROL LIMITATION OF LIABILITY PROVISIONS, ESSENTIAL ART PRODUCTS’ LIABILITY WILL BE RESTRICTED TO THE GREATEST EXTENT PERMISSIBLE BY LAW. THIS LIMITATION WILL APPLY WITHOUT REGARD TO THE FAILURE OF THE FUNDAMENTAL PURPOSE OF ANY LIMITED SOLUTION.

Links

The online art supplies Site may include links to third party sites within our contents and/or via our advertisers or suppliers. We are not liable for and do not support or advocate any of the content mentioned by other art supplies sellers on these sites or other art supply stores, nor are we accountable for your use of these sites or any dealings you execute on or through them. Be informed that any policies that administrate or pertain to this Site, including these Terms & Conditions; do not manage any linked sites. Before operating and/or divulging any personally identifying information on any of these third-party sites, we strongly advise you to examine such sites' policies

Feedback

Essential Art Products loves to receive feedback from our valued customers and other users of our online artist supplies catalog. We would enjoy hearing from you about what we are doing right or what we could be doing better or differently. Feedback may be emailed to us at This email address is being protected from spambots. You need JavaScript enabled to view it..">This email address is being protected from spambots. You need JavaScript enabled to view it.. Any feedback, content or other information sent to Essential Art Products, whether directly or via a link on the Site (collectively, the "Feedback") shall stay the property of the author, but, by transmitting the same to Essential Art Products, the author hereby gives to Essential Art Products a non-exclusive, irrevocable, royalty-free, freely-assignable (through multiple tiers) right and license to use in any way we see fit, such Feedback, in any medium, for any purposes, such as, without limitation, commercial purposes (including product development, manufacturing, distributing and marketing), public display, reproducing, or creating derivative works therefrom.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ESSENTIAL ART PRODUCTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, LICENSEES, AFFILIATES, DISTRIBUTORS, RESELLERS AND/OR MARKETING REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LEGAL RESPONSIBILITIES AND COSTS SUCH AS, WITHOUT LIMITATION, SENSIBLE ATTORNEY FEES AND/OR COURT COSTS (JOINTLY, THE "CLAIMS") ARISING OUT OF OR IN RELATION TO YOUR VIOLATION OF ANY OF THESE TERMS & CONDITIONS OR YOUR USE OF THE SITE, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM ESSENTIAL ART PRODUCTS’ OWN BLATANT NEGLIGENCE. THIS INDEMNIFICATION OBLIGATION SHALL OUTLAST ANY TERMINATION OF THESE TERMS & CONDITIONS OR OF THE ENTIRE SITE.

Miscellaneous

Entire Agreement

These Terms & Conditions represent the only agreement between Essential Art Products and you concerning your use of the Site (including any purchases for services or art materials and supplies made via the Site) and the focus contained herein and fully take the place of any and all other understandings or agreements, either spoken or written. You concede and concur that you have read and comprehend these Terms & Conditions and consent to be bound by such.

Governing Law; Disputes; Venue

These Terms & Conditions will be governed by and construed in accordance with the laws of the State of Florida, regardless of its conflict of laws or provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is specifically excluded. You concur that any action you may take against Essential Art Products pertaining by any means to your visit to the online art supplies Site or to products purchased through the Site (such as, without limitation,): discount art supplies, school art supplies, crafts, or other products shall be brought in the state courts of Florida or the United States Federal Courts located in Florida and you shall comply with the personal jurisdiction of and venue in such courts and relinquish any claims of inconvenient or improper forum or similar claims or defenses in other locations.

Force Majeure

Essential Art Products will not be legally responsible for any amount with regards to failure to perform, or delay in performing, any duties hereunder if that delay or failure is a result of any event beyond our realistic control.

Severability

If any proviso of these Terms & Conditions as such survives or is hereafter modified, found to be invalid, against the law, or unenforceable for whatever reason, such proviso shall be fully removable, while the other remaining provisos shall remain at full strength and effect, and shall be interpreted as if the unlawful, invalid or unenforceable proviso never involved a part thereof. In addition, to compensate for such invalid, unlawful or unenforceable proviso there shall be added necessarily in its place a proviso as comparable in its terms and intent to the unlawful, invalid or unenforceable proviso as may be plausible and be legal, legitimate, or enforceable.

No Waiver

Any collapse of Essential Art Products in enforcing any stipulation under these Terms & Conditions shall not represent a waiver of any rights under such stipulation or any other stipulation of these Terms & Conditions. Essential Art Products can only achieve such waiver by an explicit writing.

No Assignment

Any rights or obligations offered to you hereunder may not be dispensed or transferred to any other person or entity at any time.

These Terms & Conditions are effective August 07, 2009 and may be updated without prior notice.

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