Terms and Conditions
|Welcome to the web site for The Aesthetic Sense: Goods for the Soul (“Site”). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”).
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
Unless otherwise noted, all materials, including images, designs and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks and/or other intellectual properties owned, controlled or licensed by Goods for the Soul, doing business as The Aesthetic Sense: Goods for the Soul (“The Aesthetic Sense”). You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. You agree that The Aesthetic Sense may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
THE AESTHETIC SENSE’S COMMUNICATIONS TO YOU
You agree that The Aesthetic Sense may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of The Aesthetic Sense’s products or services, or for such other purpose(s) as The Aesthetic Sense deems appropriate.
Shipping and handling will be calculated and added to bill at purchase time.
The Aesthetic Sense shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York State. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Seller hereby expressly disclaims all warranties either expressed or implied warranty of merchantability or fitness for a particular purpose. This disclaimer by the seller in no way affects the terms of the manufacturer’s warranty if any. Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to purchaser, upon receipt of goods. If goods herein being purchased are being purchased for purposes of export, purchaser must obtain from the Federal Government certain export documentation before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary or even be null and void. If you have any questions, please inquire. Any and all liability is only for the products purchased. You agree that the sole and exclusive maximum liability to The Aesthetic Sense arising from any product sold on the The Aesthetic Sense site shall be the price of the product ordered. In no event shall The Aesthetic Sense, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Returns or exchanges for full refund must be made within fourteen (14) days of your invoice date. For all returns made after fourteen (14) days, we will issue a store credit. All returned/exchanged merchandise must be in original condition, and must include all packaging materials and original invoice. We do not refund shipping charges. Please ship your parcel back to us prepaid and insured by UPS, Federal Express or Parcel Post. We cannot accept C.O.D. shipments. For all returns you must contact our returns department via email for a Return Merchandise Authorization (RMA) number at [email protected].
INACCURACY DISCLAIMER & TYPOGRAPHICAL ERRORS
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. In the event a 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, The Aesthetic Sense shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Aesthetic Sense shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Aesthetic Sense shall immediately issue a credit to your credit card account in the amount of the charge. Before you act on information you’ve found on the Site, you should confirm any facts that are important to your decision. The Aesthetic Sense makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site.
You agree to indemnify, defend and hold harmless The Aesthetic Sense, its affiliates, and its officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
The Aesthetic Sense is not responsible for, and cannot guarantee, the timely performance of shipping vendors once your order is shipped from our offices. The Aesthetic Sense is not responsible for any damage caused to your order by you or any other third party, including calligraphers, once your order is shipped from our offices. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. By using this Site, you consent to the exclusive jurisdiction of the state and federal courts located in Westchester County, New York, in all disputes arising out of or relating to this Agreement or use of this Site. In the event that any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Agreement.DISCLAIMER OF WARRANTIES AND LIABILITY
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE SITE, THE AESTHETIC SENSE, AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE, NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL THE SITE, THE AESTHETIC SENSE, OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE SITE, THE AESTHETIC SENSE, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE SITE, THE AESTHETIC SENSE, AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE AESTHETIC SENSE FOR THE USE OF THE SITE.
This Agreement is effective unless and until terminated by either you or The Aesthetic Sense. You may terminate this Agreement at any time. The Aesthetic Sense also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in The Aesthetic Sense’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or The Aesthetic Sense, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.