Metal Portraits Sales Agreement
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
* PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners, hereafter "SELLER," or "Metal Portraits," or "www.metalportraits.com," and you, the prospective buyer, hereafter "BUYER" or "CUSTOMER". Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".
The use of this site is governed by the policies, terms and conditions set forth below. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order to www.metalportraits.com indicates your acceptance and understanding of these terms and conditions.
Please read our policies carefully.
Questions may be directed to us by using the contact form.
* GENERAL POLICIES
Controlling Law: The validity, construction and enforcement of the purchase agreement between Metal Portraits and buyer shall be governed by and interpreted under the laws of the State of Georgia. In the event of any dispute arising out of this agreement, you consent to the personal jurisdiction of the federal and/or state courts located in the County of Gwinnett, State of Georgia, United States of America and you consent to service of process by United States mail at the billing address and you waive any objection to venue.
Metal Portraits strives to create the highest quality metal products possible. However, due to the difficulty of polishing metal and that our products are hand polished, the customer should expect that products may still have minor scratches. This is a feature of hand polished art.
Metal Portraits can not create the products displayed on www.metalportraits.com without the Buyer sending us their profile photograph. The buyer understands that they must take their photographs according to our directions on our website and then the buyer must send us their photograph.
Metal Portraits strives to make all of our art fit perfectly to the customers profiles. However, Metal Portraits can not be held responsible for inaccurate photographs supplied by the Buyer. Please see our section on how to properly take photographs of your profile.
All materials shown on this website are used by permission of their respective owners. Any items on this site including but not limited to titles, graphics and page design may not be copied or distributed in any form without previous written consent.
Metal Portraits does not offer any guaranties implied or otherwise. You agree the maximum liability to Metal Portraits, Inc. from any product sold on metalportraits.com, shall be the price of the item ordered. In no event shall Metal Portraits, it's employees or owners be liable for special, indirect, consequential or punitive damages related to products sold.
Metal Portraits reserves the right to change prices at any time without prior notice.
Catalog errors are not to be construed as "false advertising" or as an irrevocable Contract for Sale of an item. Typographical and programming mistakes can occur- if you feel you have encountered an error in our commerce program we will gladly make the corrections.
* LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of Seller's liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this product, including harm to buyer's computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Seller disclaims liability for Buyer's interaction with Third Party soliciting agents who were provided 'leads' by the Seller. Seller disclaims liability for Buyer's interactions with advertisers on the site. Seller disclaims liability for Buyer's interaction with other visitors or members of the website.
* PURCHASING POLICIES
Metal Portraits requires that all orders be paid for in advance. Payment Terms are by credit card only with checks accepted with prior notice before placing your order. All checks must clear before orders will be shipped to your desire location.
Metal Portraits has the right to refuse or cancel any orders placed for products listed. We have the right to refuse or cancel any orders, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is canceled, we will refund your money.
There will be a $10 re-processing fee applied to all invoices where the buyers submitted credit card has declined.
There will be a $35 fee on all returned checks.
* RETURN POLICIES
Since all orders are custom, Metal Portraits will not accept returns and can not offer refunds on custom orders.
This product is sold 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees absolutely nothing.
* SHIPPING POLICIES
ALL BOXES SHOULD BE OPENED AT THE EARLIEST POSSIBLE CONVENIENCE.
Shipping/Delivery Terms: F.O.B.* Shipping Point, Roswell, GA. Title and risk of loss pass to the customer upon delivery to and receipt by carrier. If a product is damaged or lost in transit, Buyer must file claim with the carrier. Unless otherwise requested by Buyer, goods will be shipped via carriers of our choice with shipping, insurance and handling charges prepaid and added to the invoice. Any extra charges for services requested by the Buyer, i.e., special routing, inside delivery, residential delivery or pre-delivery notification must be paid by buyer. Unless requested all shipments will dispatch without request for signature. (*freight on board inco terms)
Damage Claims: All damage claims must be submitted in writing, by separate letter, via FAX or Email within 3 days of receipt of the goods. This provides the required evidence for any claims that may be filed to the carrier. Include your invoice number, and the part numbers or description of any damaged items received.
Missing Claims: All claims for missing items must be in writing, by separate letter, via FAX or Email within 3 days of receipt of the goods. A detailed list of all items must be given, along with the items that are missing and a total count of items must be given. Metal Portraits reserves the right to deny any claims of missing items. All items are inventoried, counted and compared to the purchase order before being packed. It is the clients responsibility to track their shipments. Tracking numbers are provided by E-Mail at the time of dispatch.
Any sign of external box damage must be reported to the shipping company (FedEx or Freight companies) at the time of delivery.
All items are sent insured with the shipper. If there is any damage at the time you receive the item you must notify the transport company, and us immediately.
Sales Terms are FOB* Roswell, GA. Freight costs and insurance are the responsibility of the buyer. Metal Portraits is NOT responsible for goods damaged during shipment. (*freight on board inco terms)
Metal Portraits is not responsible for any unforeseeable delays in shipping, transit, or processing of orders.
Freight Charges: Passed and invoiced to the client as the published rate by the chosen carrier. This includes the value for insurance, residential delivery charges and fuel surcharges, as normally charged by the carrier.
Handling Charges: There are NO extra charges for handling.
Metal Portraits is extremely concerned with the security and safety of ordering on our site. It is important to our success because we understand our customers need to feel secure about shopping on the internet. We respect your privacy and would never expose you to the inconsiderate people who choose to spam. Our policy is to never sell, display, or compromise our customers email addresses.
Our secure ordering pages have a lock symbol on the page and will have an "s" after the http in the URL (i.e.- https://www.metalportraits.com). This "s" stands for secure (Secure Socket Layer - SSL protocol transmission). Look for these symbols at check-out time when you enter your payment options.
Any information you enter on our secure pages is transmitted to us in a very strongly encrypted (scrambled) manner. When you consider this, it seems more secure then having someone look over your shoulder at the local mall or getting your information by telephone. Metal Portraits will never send your credit card information through e-mail or any other insecure connection.
Metal Portraits does not store credit card information on local servers.
Metal Portraits will never sell your personal information (name, address, phone or email) to any third party agency or vendor.
Metal Portraits is not responsible for misdirected mail or e-mail.
* RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller's sole discretion.
* FINAL ACCEPTANCE
By taking the affirmative step of clicking the "I Accept" button, or checking an Acceptance box, and the purchasing of a product, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.