TERMS & CONDITIONS

Terms - Art Supplies from Utrecht featuring fine art supplies, school art supplies, discount art supplies, artist paints brushes, acrylics, watercolor supplies, artist oil paints, artist canvas and more
    These Terms of Use ("Terms of Use") apply to and govern your use of the Utrecht Art Supplies website located at http://www.utrechtart.com (the "Site"). The Site is the property of Utrecht Art Supplies Inc. Utrecht Art Supplies reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site for the acquisition of fine art materials and supplies. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Limited License. Utrecht Art Supplies grants to you a limited, revocable and non-exclusive license to access and make personal use of the Site solely for its intended purpose of acquiring art supplies online and for no other purpose. Utrecht Art Supplies may revoke this license at any time and without prior notice, for any reason or for no reason, in Utrecht Art Supplies’ sole discretion. No portion of the Site may be modified, copied or framed without the express prior written consent of Utrecht Art Supplies except that you may make one copy of these Terms of Use for your personal records.

Your Account. Before you make any purchases of artist supplies, you must first establish a customer account ("My Account"). Users of our art supplies store are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer. If at any time you believe the integrity of your account may have been compromised, you shall change your password and contact us immediately. You agree that you shall be responsible for all activity that occurs using your customer account.

Conditions of Sale and Payment Terms. To purchase any services or art supplies online from our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any art materials and supplies or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of online art supplies and services are final. All charges from those sales are nonrefundable.

Methods of Payment, Credit Card Terms and Taxes. All payments for purchases of art supplies online must be made by VISA, MasterCard, American Express, Discover, and government credit cards (each of which may be removed by Utrecht Art Supplies in its sole discretion). Utrecht Art Supplies accepts Purchase Orders for art materials and supplies from pre-approved customers only. To the extent the terms of any purchase order varies from or conflicts with these Terms of Use, these Terms of Use shall control unless Utrecht Art Supplies has expressly agreed otherwise in a writing executed by a duly authorized officer of Utrecht Art Supplies. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT UTRECHT ART SUPPLIES, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS FOR THE PURCHASE OF ART SUPPLIES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases of artists’ supplies from our art supplies store (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Utrecht Art Supplies of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Utrecht Art Supplies does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Utrecht Art Supplies or its agents. Except to the extent Utrecht Art Supplies actually collects the same from you at the time of purchase, you are responsible for paying any governmental taxes imposed on your purchases of artist supplies, including, but not limited to, sales, use or value-added taxes. Utrecht Art Supplies shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and Massachusetts and any other states or localities that Utrecht deems is required.

Changes to Prices or Billing. Utrecht Art Supplies reserves the right, at any time, to change its prices and billing methods for artists’ supplies sold, effective immediately upon posting on the site.

Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Utrecht Art Supplies reserves the right at any time after receipt of your order to accept or decline your online art supplies order for any reason. Utrecht Art Supplies further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity of artist supplies you ordered of any item. Your order will be deemed accepted by Utrecht Art Supplies upon shipment of products or performance of services that you have ordered. Title to goods passes to you upon delivery to the common carrier. We may require additional verifications or information before accepting an online art supplies order.

Copyright and Trademark Notice. All text, images, graphics, user interfaces, photographs, trademarks, logos, artwork and other content depicted in the Utrecht online art supplies catalog (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Utrecht Art Supplies, and is protected by copyright, trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the art supplies catalog Site or Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Utrecht Art Supplies' prior express written consent. Utrecht Art Supplies expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the online art supplies Site.

Product Descriptions. Utrecht Art Supplies makes all attempts to provide accurate descriptions of art materials and supplies offered at www.utrechtart.com. However, we do not warrant that the product descriptions found in our art supplies online store is accurate, complete, reliable, current, or error-free. If a product offered by Utrecht Art Supplies is not as described, you may to return it if it is in new and unused condition. Please click here to view our RETURN POLICY.

Mispriced Products. Utrecht Art Supplies shall have the right to refuse or cancel any online art supplies orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Utrecht Art Supplies shall have the right to refuse or cancel any such orders for fine art supplies 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, Utrecht Art Supplies shall immediately issue a credit to your credit card account in the amount of the charge.

Inventory. Utrecht Art Supplies uses commercially reasonable efforts to keep accurate inventory information available for all fine art supplies available for purchase through our online artist supplies store. We cannot, however, guarantee that all products will be "in stock" at the time we seek to fulfill your order. Should this occur, we will notify you by e-mail that one or more of your purchased products are not available for timely shipment. At such time, you can do nothing, and we will fulfill your order once the product is available, or, if you prefer, you may cancel your order by contacting us before such item ships. If we determine that a backordered item will no longer be available, we will also notify you and automatically cancel your order. Please note that we will never charge your credit card until the art materials and supplies you purchased ships. Accordingly, there is no need for an adjustment to your credit card in the event you cancel an order that we notify you is unavailable before such item ships.

Disclaimer. THE ONLINE ART SUPPLIES SITE IS PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SITE OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR THAT THE ONLINE ART SUPPLIES SITE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, UTRECHT ART SUPPLIES MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE ONLINE ART SUPPLIES SITE WILL BE VIRUS-FREE. UTRECHT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE STATES, UTRECHT ART SUPPLIES' LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ANY WARRANTIES WITH RESPECT TO ART MATERIALS AND SUPPLIES PURCHASED ARE LIMITED TO THOSE WARRANTIES EXPRESSLY MADE BY THE MANUFACTURER OR DISTRIBUTOR OF THE PRODUCT PURCHASED WITH RESPECT TO SUCH PRODUCT.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL UTRECHT ART SUPPLIES BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) THROUGH THE USE OF ITS ONLINE ART SUPPLY STORES WHETHER OR NOT UTRECHT ART SUPPLIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. UTRECHT ART SUPPLIES SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE ARTIST SUPPLIES AND IN NO EVENT SHALL UTRECHT ART SUPPLIES’ LIABILITY TO YOU EXCEED THE GREATER OF (i) THE AMOUNT YOU HAVE PAID TO UTRECHT ART SUPPLIES FOR THE PURCHASE OF PRODUCTS DURING THE THIRTY (30) DAYS IMMEDIATELY PRIOR TO DAMAGE OR (ii) TEN DOLLARS ($10.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR UTRECHT ART SUPPLIES MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, UTRECHT ART SUPPLIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Links. The online art supplies Site may contain links to third party sites within our content and through our advertisers or suppliers. We are not responsible for and do not endorse or recommend any of the content offered by other art supplies sellers on these sites or other art supply stores, nor are we responsible for your use of these sites or any transactions you perform on them. Be aware that any policies that govern or apply to this Site, including these Terms of Use; do not govern any linked websites. Before using and disclosing any personally identifying information of any of these linked websites, we encourage you to review such linked websites' policies

Feedback. Utrecht Art Supplies welcomes feedback from our customers and other users of our online artist supplies store. We would love to hear from you about what we are doing right or what we can be doing better. Feedback may be e-mailed to us at customerservice@utrecht.com. Any feedback, content or other information sent to Utrecht Art Supplies, whether directly or through the Site (collectively, the "Feedback") shall remain the property of the author but, by submitting the same to Utrecht Art Supplies, the author hereby grants to Utrecht Art Supplies a non-exclusive, irrevocable, royalty-free, freely-assignable (through multiple tiers) right and license to use such Feedback, in any medium, for any and all purposes, including but not limited to, commercial purposes (including, without limitation, product development, manufacturing, distributing and marketing), displaying publicly, reproducing, or creating derivative works there from.

Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD UTRECHT ART SUPPLIERS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, DISTRIBUTORS, RESELLERS AND MARKETING REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS (COLLECTIVELY, THE "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS OF USE OR USE BY YOU OF THE SITE, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM UTRECHT ART SUPPLIES’ OWN GROSS NEGLIGENCE. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR OF THE ONLINE ART SUPPLIES SITE.

Miscellaneous

Entire Agreement. These Terms of Use constitute the sole agreement between Utrecht Art Supplies and you regarding your use of the Site (including any purchases for services or art materials and supplies made through the Site) and the subject matter contained herein and fully supersede any and all other understandings or agreements, either oral or written. You acknowledge and agree that you have read and understand these Terms of Use and agree to be bound by the same.

Governing Law; Disputes; Venue. These Terms of Use will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You agree that any action you may bring against Utrecht Art Supplies relating in any way to your visit to the online art supplies Site or to products you purchase through the Site (including, but not limited to: discount art supplies, school art supplies, artist paints, brushes, acrylics, watercolor supplies, artist oil paints, and artist canvas) shall be brought in the state courts of New Jersey or the United States Federal Courts located in New Jersey and you consent to the personal jurisdiction of and venue in such courts and waive any claims of inconvenient or improper forum or similar claims or defenses.

Force Majeure. Utrecht Art Supplies will not be liable in any amount for failure to perform, or delay in performing, any obligations hereunder if such delay or failure is caused by any event beyond its reasonable control.

Severability. If any provision of these Terms of Use as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.

No Waiver. Any failure of Utrecht Art Supplies to enforce any provision of these Terms of Use shall not constitute a waiver of any rights under such provision or any other provision of these Terms of Use. Utrecht Art Supplies may only make such waiver by an express writing.

No Assignment. Any rights or obligations granted to you hereunder may not be assigned or transferred to any other person or to any entity.

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