TERMS AND CONDITIONS
In General
In Sync with Horses, LLC DBA “The Arts Hub” owns and operate this Website (abiquiuartistsmarket.com). This document applies to all users including (but not limited to) artists, buyers and the public. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, the user agrees to all of the Terms of Service, as may be updated by us from time to time. The user should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict users’ access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by abiquiuartistsmarket.com. This Website has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site (including but not limited to artists, small businesses, shops and affiliates)
Privacy Policy
Our privacy policy, which sets out how we will use information, can be found here. By using this Website, the user consents to the process described therein and warrants that all data provided by you, the user, is accurate.
Prohibitions
The user (including artists, buyers and the public), must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and abiquiuartistsmarket.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available on or through this Website remains the property of abiquiuartistsmarket.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by abiquiuartistsmarket.com and its licensors. Artists may store, print, and display their own content supplied solely for their own businesses use in their own Shop. Artists are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied or which appears on this Website nor may artists use any such content in connection with any business or commercial enterprise without consent.
Terms of Sale
By placing an order, the buyer is offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with abiquiuartistsmarket.com the user must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Abiquiuartistsmarket.com retains the right to refuse any request made by the buyer. If your purchase is made from the artists shop, the artist will be solely responsible for ensuring you receive your item including fulfilling the order and shipping. Your payment will be handled through PayPal. Purchases on this site will be made through the artists’ Shop or through a third party (affiliate). Where a contract is made with an artist or a third party abiquiuartistsmarket.com is not acting as either agent or principal and the contract is made between yourself (the buyer) and that artist or third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) The Contract
When you (the buyer) place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and the artist will not be formed until they send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Purchases made through an affiliate link will be subject to the third party terms and conditions.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If the artists discover an error in the price of any goods which you, the buyer, has ordered they will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If they are unable to contact you they will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery or shipping costs are included in the price for addresses within the 48 contiguous states of the United States.. New Mexico sales taxes are added to the Total Cost.
(c) Payment
Upon receiving your (the buyer) order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. ALL payments go directly to the artist.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law abiquiuartistsmarket.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect abiquiuartistsmarket.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
The user (including artists, buyers and the public) may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to abiquiuartistsmarket.com.
Indemnity
You, the user, agree to indemnify, defend and hold harmless abiquiuartistsmarket.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
Abiquiuartistsmarket.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to the user) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you, the user (including artists, the buyer and the public), breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and abiquiuartistsmarket.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of abiquiuartistsmarket.com.
