These terms and conditions apply to the purchase and sale of products and services through www.jessicapoundstone.com (referred to as the “site”). By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from the sites. These terms and conditions are subject to change by Jessica Poundstone Studio (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on the sites, and you should review these terms and conditions prior to purchasing any product and services that are available through the sites. These terms and conditions are an integral part of the Terms of Use that apply generally to the use of our sites. You should also carefully review our Privacy Policy before placing an order for goods or services through any of the sites.
ORDER ACCEPTANCE AND CANCELLATION
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. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We make every effort to maintain the availability of our sites. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
PAYMENT TERMS AND SALES TAXES
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. For some custom items or commissioned works, we will require a portion of the payment before we begin work on the item.
We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. We use a third-party payment processor to facilitate payment for all orders on the sites.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
CHANGES IN PRODUCTS AND PRICING
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our sites.
All pricing for the products and services available on our sites is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
SHIPPING POLICY
All deliveries are insured and guaranteed against loss, theft and damage. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.
Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
There may be occasional delays beyond the posted order processing time. If the delay is more than 10 business days, you may cancel the order by emailing us. If you do not advise us that you would like to cancel the order, we will keep the order active and ship the product to you as soon as possible.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
These shipping terms are accepted by you by placing an order with us.
EXPORT RULES
You may not purchase any products or services from the sites if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the sites or shipping any goods purchased from the sites. You must comply with all U.S. or other export and re-export restrictions that may apply to goods and services.
COPYRIGHT INFORMATION
The artist retains the copyright to all products and works of art sold on the sites, including all custom and commissioned works, unless otherwise agreed in a separate, written agreement.
ADVERTISING DISCLAIMER AND TRADEMARKS
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We 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 cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
DISCLAIMER AND LIMITATION OF LIABILITY
Our responsibility for defects relating to the products and services available on our sites is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON OUR SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THE SITES WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL JESSICA POUNDSTONE STUDIO OR ITS AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THE SITES.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITES), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
WARRANTY AND RETURN POLICY
While we do not offer any warranties with respect to the products and services available through our sites, we want you to be 100% thrilled with your purchase. If this is not the case for any reason, we’ll do all we can to make it right.
Items Damaged in Shipping: If you receive an item that has been damaged in shipping, we will repair or replace the item, as long as we are notified of the damage within 5 calendar days of your receipt of the item. Please email us at orders@jessicapoundstone.com and include images of the damaged item(s), including images of the item(s) in its shipping package and the exterior of the shipping package. You also agree to provide any additional information or images that our insurer may require to cover the cost of repairing or replacing any items damaged in shipping. If you are required to return any items damaged in shipping to us, we will cover the cost of return shipping. We are not responsible for any damage that occurs after you have accepted delivery of an item or for any shipping damage that is not reported to us as required by this section.
Fixing Incorrect Orders: If you receive the wrong item or an item you ordered is missing from your order, we want to fix it. Let us know about the issue within 15 calendar days of receipt of your item by emailing us at orders@jessicapoundstone.com. Please include the order number, photos of any incorrect item(s), and a description of the problem, and we’ll get to work on it right away. We reserve the right to require you to return any incorrect items to us, but we will cover the cost of return shipping for those items.
Risk of Loss: You bear the risk of loss during shipment of any returned items. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Questions regarding our warranty and return policies should be addressed via e-mail to orders@jessicapoundstone.com These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our sites.
PRIVACY AND CUSTOMER INFORMATION
Our Privacy Policy, available at www.jessicapoundstone.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the sites.
SERVICE AND SUPPORT
All requests for support with respect to the products and services available through our sites should be made directly to orders@jessicapoundstone.com. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
FORCE MAJEURE
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and service available through our sites acts or circumstances beyond its reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or telecommunication breakdown or power outage.