Conditions Of Sale

Amerinda ArtMarket Terms And Conditions Of Sale

EFFECTIVE: March 27, 2015


AMERINDA IS A NON-PROFIT ORGANIZATION THAT WORKS TO EMPOWER NATIVE AMERICANS, BREAK DOWN BARRIERS, FOSTER INTERCULTURAL UNDERSTANDING, AND INCREASE APPRECIATION FOR NATIVE CULTURE THROUGH A VARIETY OF ARTS PROGRAMS AND SERVICES TO ARTISTS AND THE PUBLIC, INCLUDING THIS WEBSITE.

The following definitions are used in these Terms and Conditions:

  • “Website,” “this Website” or “ArtMarket,” refers to Amerinda ArtMarket, a project of American Indian Artists, Inc.
  • “Our,” “us,” “we,” or “Amerinda” refers to American Indian Artists, Inc.
  • “User,” “you” or “your” means any person or entity that purchases or seeks to purchase from ArtMarket.
  • “Content” means all images, text, information, data, audio, video, graphics, computer code, and other material provided on or through this Website.
  • “Terms and Conditions” refers to the terms and conditions of sale governing this Website and purchases made through this Website as listed below (see also the Terms of Use and Privacy Policy posted on the Website).
  • “Work(s)” refers to the artwork and jewelry displayed on and/or purchased following display on this Website.
  • “Artists” refers to the artists whose work is displayed on and/or purchased following display on this Website.

THESE TERMS AND CONDITIONS OF SALE DESCRIBE THE RELATIONSHIP BETWEEN AMERINDA AND YOU. BY PLACING AN ORDER TO PURCHASE A WORK DISPLAYED ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

General Conditions

This Website includes an online marketplace that allows Artists to display and sell their Works. All Works are offered for sale by the Artists and sold directly from the Artist to you. We may facilitate communication or payment between you and the Artists in connection with some Works. However, we are not your agent for any purpose.

Notice of Changes to Website or Terms and Conditions of Sale

  1. Amerinda may modify or terminate the ArtMarket for any reason, without notice, at any time.
  2. Amerinda may refuse use of this Website to you at any time, with or without notice.
  3. Amerinda may make changes to this Website and these Terms and Conditions at any time and in our sole discretion; therefore, you should review our Terms and Conditions each time you visit this Website. Your use of this Website after we make any such changes constitutes your binding acceptance of those changes.

Choice of Law and Dispute Resolution

By using this Website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, govern these Terms and Conditions and any dispute of any sort that might arise relating to the use of this Website. Any dispute relating in any way to your use of this Website is subject to the exclusive jurisdiction of the state or federal courts located in New York County, New York, and you consent to exclusive jurisdiction and venue in such courts. If a dispute arises out of or relates to these Terms and Conditions, and if the dispute cannot be settled through negotiation, you agree first to try in good faith to settle the dispute through third-party mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.

Status as a Marketplace, not a Seller

Amerinda does not own, take title to, have possession of, or sell the Works displayed on this Website. Amerinda does not sell property on behalf of the Artists. All Works are offered for sale and sold directly from the Artist to you.

Payment

All Works on Amerinda ArtMarket are advertised in US dollars.

PayPal’s terms and conditions govern transactions to purchase Works through PayPal. Amerinda is not responsible for PayPal’s terms and conditions or for the security and privacy of any credit card, bank account, or other personal information that you submit through PayPal.

Passage of Title

Amerinda does not transfer and is not responsible for transferring legal ownership of a Work from the Artist to you. Each Artist represents that he or she is the sole owner of each of his or her Works displayed on this Website, and that subject to these Terms and Conditions, he or she will be able to convey good and marketable title to such Work to you.

Shipment and Insurance

Artists may charge reasonable shipping, handling, and insurance fees to cover the costs for packaging and mailing the Works. You are required to pay all shipping, packing, and transit insurance fees and costs for purchased Works.

The Artist will ship the Work(s) or otherwise complete the transaction with you within 7 days of receiving your order, unless there is an exceptional circumstance.

Amerinda does not control and is not liable or responsible for the acts, omissions or policies of the Artists or any other third party in connection with the shipping, packing or handling of any Works.

Returns and Refunds

Refunds and replacements can only be issued for Works that have been damaged during shipment. If a Work has been damaged during shipment, you must contact Amerinda at ArtMarket@Amerinda.org within 7 days of receiving the item. If the shipper verifies the damage, a refund will be issued. Alternatively, you may inquire about the availability of a replacement, but replacements are not guaranteed.

Taxes and Duties

If you purchase a Work displayed on this Website, you are responsible for paying all applicable sales, use, transfer, value-added, or other taxes and all duties that result from your purchase. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time of purchase.

Availibility

We cannot guarantee that any Work displayed on this Website will be available for purchase. The Artist reserves the right to cancel any online purchase at any time if the Work is not available to sell, even after you receive an order confirmation. If your purchase is cancelled under such circumstances, we will notify you by email of such cancellation and Amerinda will refund you for any amounts that you have already paid for the applicable item and its delivery to you (if any). Amerinda and the Artists will otherwise have no liability whatsoever for any such cancellations or listing errors. You acknowledge and agree that all Works listed or offered for sale on this Website are subject to availability.

Intellectual Property

The Artists retain the copyright to their Work(s) at all times. Buying a Work does not transfer any copyright or other intellectual property rights to you. You may not reproduce images of any Work displayed on this Website, even if you purchase the Work, without the Artist’s prior written consent.

Disclaimer of Warranties

ALL WORKS OFFERED AND SOLD FOLLOWING DISPLAY ON THIS WEBSITE ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. AMERINDA AND THE ARTISTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ASSUME ANY LIABILITY OF ANY KIND WITH REGARD TO THE MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY WORK. AMERINDA DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL AMERINDA OR THE ARTISTS BE LIABLE OR RESPONSIBLE FOR ANY FAILURE OR INABILITY TO ACCESS THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY TECHNICAL OR HUMAN ERRORS OF ANY KIND, AND ANY FAILURES RESULTING DIRECTLY OR INDIRECTLY FROM ANY LOSS OF INTERNET OR TELEPHONE CONNECTION OR ANY BREAKDOWNS OR MALFUNCTIONS OF THIS WEBSITE.

Liability Limitation

AMERINDA AND THE ARTISTS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT RELATED THERETO. IN NO EVENT SHALL THE TOTAL LIABILITY RELATING TO YOUR USE OF AMERINDA ARTMARKET (REGARDLESS OF ITS BASIS) EXCEED THE LESSER OF 1) THE TOTAL AMOUNT OF ANY PURCHASE MADE THROUGH THIS WEBSITE OR 2) $100.

EFFECTIVE: March 27, 2015


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