Terms and Conditions of Sale Agreement
Effective Date: This Terms and Conditions of Sale Agreement (the “Agreement”) is dated January 13, 2011.
This Terms and Conditions of Sale Agreement sets forth the standards of use of the website at www.cbsartcollections.com (the “Site”) operated by CBS Art Collections, a subsidiary of Blazing Sons Investment Company, LLC. (CBS or “us” or “we’). By using the Site, you (“you” or “user”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
In the event that you have a dispute with one or more buyers, if you are an artist/seller, you release Cbsartcollections.com (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Buyer Liable for Purchase Price, Freight and Transportation Fees and Sales Tax.
Buyers are liable for the posted purchased price of the piece(s) of Art, any insurance, packing, freight and shipping fees associated with the purchase, and any applicable sales tax (collectively, the “Purchase Fees“).
Payment for the Art may be made by credit card as specified on the Site or by a check payable to CBS Art Collections. All posted purchase prices are listed according to their value in U.S. dollars. If payment is made by check, the piece(s) of Art will not be marked as sold until the check clears and payment is received by CBS Art Collections. If the check has not cleared within thirty (30) days, the order will be canceled. If a check written to CBS Art Collections for the purpose of buying art bounces, buyer agrees to pay CBS $50 for this inconvenience.
Freight and Transportation.
The buyer is responsible for the costs associated with all freight, shipping and other costs related to transporting the Art from the seller’s location.
The Art shall be and remain the risk of the Seller until it is shipped to the buyer, and thereafter the risk shall shift to the Buyer. Buyer has 7 days, from receipt of the artwork, to make a final purchase decision. Ownership will transfer to buyer at the end of the 7 day period unless the buyer has indicated to CBS Art Collections, in writing, that he is not keeping the art work. No returns notice shall be accepted after such period.
Should the artwork be damaged during this 7 day review period, ownership shall transfer automatically to the buyer and buyer shall be responsible for the purchased price of the art, any insurance, packing, freight, shipping fees, applicable sales tax and any other fees deemed associated with the purchase of said piece of art (collectively, the “Purchase Fees”).
If a buyer elects to return a piece of Art during the 7 day review period, the Buyer shall be deemed responsible for any damages to the art until the art has been satisfactorily returned to the artist/seller’s possession. Buyer has five (5) business days after the 7 day review period has ended to ship the art back to the Seller.
Buyer shall pack the piece(s) of Art and ship them to the address of the seller as indicated by CBS Art Collections. The piece(s) of Art should be packed so as to protect them during shipment. CBS Art Collections shall not participate directly in the packing and shipping process, and in no event shall CBS Art Collections be liable for any damages of any kind arising from the packing or shipment of any Art.
Sellers must notify CBS Art Collections of any damage or other issues involving a returned piece of artwork within seven days of receiving the return. If no contact is made within seven days the return will be automatically refunded to the buyer. CBS Art Collections shall reimburse buyer for the purchase amount (less any outstanding transportation, packing, insurance or other miscellaneous fees) within thirty (30) days of receiving verification that seller has received returned artwork in good standing. CBS Art Collections shall have no obligation to reimburse buyer for any returned Art unless and until CBS Art Collections has verified successful artwork return without damages. Reimbursement shall be made by issuing a credit card refund (if payment to CBS Art Collections was made by credit card) or by check if payment was made by check. Insurance, packing and shipping fees associated with the return of the returned piece of Art shall be the sole responsibility of the buyer, and CBS Art Collections shall have no obligation to reimburse the buyer for such amounts.
THE ART, SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CBS ART COLLECTIONS DOES NOT WARRANT THAT THE ART, SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT OF THE SITE WILL BE TIMELY, ACCURATE, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CBS Art Collections MAKES NO WARRANTY THAT THE ART, SITE OR SERVICES WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING ART ON THE SITE, THE LISTED ART WILL BE SOLD. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. CBS ART COLLECTIONS MAKES NO WARRANTY REGARDING ANY ART PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CBS ART COLLECTIONS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. CBS ART COLLECTIONS EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY ART SOLD ON OR THROUGH THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.
Limitation of Liability.
IN NO EVENT SHALL CBS ART COLLECTIONS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (I) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE ART (II) DEFECTS IN SUCH ART ON ANY THEORY OF LIABILITY OR (III) ANY RETURN OF ANY ART. IN ADDITION, IN NO EVENT SHALL CBS ART COLLECTIONS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF CBS ART COLLECTIONS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF CBS ART COLLECTIONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SITE AND THE SERVICES EXCEED, IN THE AGGREGATE, $100.00.
You agree to defend, indemnify and hold harmless CBS Art Collections, its officers, directors, agents, subsidiaries and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any breach or violation by you of these Terms and Conditions of Sale, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF SALE, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR AND THE ARBITRATION SHALL TAKE PLACE IN STAMFORD, CONNECTICUT. IF NOT MUTUALLY AGREED UPON, THE ARBITRATOR SHALL BE SELECTED ACCORDING TO AAA RULES FROM A LIST, PREPARED BY THE AAA, OF PERSONS HAVING EXPERTISE IN THE SUBJECT MATTER. THE AWARD SHALL BE IN WRITING AND IN ACCORDANCE WITH APPLICABLE LAW. JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THIS PROVISION IS SELF-EXECUTING, AND IN THE EVENT THAT EITHER PARTY FAILS TO APPEAR AT ANY PROPERLY NOTICED ARBITRATION PROCEEDING, AN AWARD MAY BE ENTERED AGAINST SUCH PARTY NOTWITHSTANDING SAID FAILURE TO APPEAR.
These Terms and Conditions of Sale constitute a legally binding agreement between you and CBS Art Collections until terminated by you or CBS Art Collections, which CBS Art Collections may do at any time, without notice, at CBS Art Collection’s sole discretion. If you become dissatisfied with the Services or the Site in any way, your only recourse is to immediately discontinue use of the Services.
These Terms and Conditions of Sale are made and shall be governed by and construed in accordance with the laws of the State of Connecticut, excluding its choice of law principles.
It is understood and agreed that, notwithstanding any other provisions of these Terms and Conditions of Sale breach of the provisions of these Terms and Conditions of Sale by you will cause CBS Art Collections irreparable damage for which recovery of money damages would be inadequate, and that we shall therefore be entitled to obtain timely injunctive relief to protect our rights under these Terms and Conditions of Sale in addition to any and all other remedies available at law or in equity.
The failure of you or us to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms and Conditions of Sale shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions of Sale unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
This Terms and Conditions of Sale comprises the entire agreement between you and CBS Art Collections and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in these Terms and Conditions of Sale regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Terms and Conditions of Sale.