Stinky Art Company
Stinky Dog.com
Terms & Conditions
All sales made by Stinky Art
Company ("Seller") to you ("Customer") are
governed by these Terms and Conditions of Sale unless otherwise
indicated by Stinky Art Company in writing.
PLEASE READ THESE TERMS AND
CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE
AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND
AGREE TO ABIDE BY THEM. STINKY ART COMPANY RESERVES THE RIGHT
TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY
TIME AT ITS SOLE DISCRETION.
Sale is Contingent on Customer’s
Acceptance of Terms and Conditions. Seller shall not accept
Customer’s purchase orders unless and until Customer consents
to these Terms and Conditions of Sale. These Terms and Conditions
of Sale (as set forth here) supersede the terms and conditions
of Customer's purchase order(s) and will govern all transactions
between Customer and Seller. These Terms and Conditions of Sale
also apply to all future transactions unless modified in writing
signed by Seller and Customer.
Payment Terms
Seller accepts Company Check,
Visa, MasterCard, American Express, PayPal and cash. Customer
will be charged a $25 service charge for any returned check.
All credit card orders will be charged before shipment.
No order will be processed without intent to pay on hand. If
using Paypal, a credit card must be kept on hand prior to order
being picked from our inventory. If using Paypal, you have 24
hours for the payment to be received or the credit card on file
will be charged for the full amount and the order will be sent
out using the agreed upon method of shipping.
Shipping
Customer is responsible for
all shipping and freight charges from the seller’s warehouse.
Orders received will be shipped within 14 working days of payment
received unless otherwise stated. Subject to change based on
availability and process time. Inventory will fluctuate on seasonal
items. Orders are normally shipped via FedEx. Seller will not
be responsible for shipping delays caused by a carrier.
Customer must notify Seller
at time of purchase if a signature is required for residential
deliveries. Seller is not liable for any lost or stolen goods
that are delivered to a residence without requiring a signature.
All freight quotes offered in any form be it email, phone conversation,
invoice or pro forma, are estimates and may decrease or increase
in cost depending on actual weight of the order once it is pulled
and the agreed upon shipping companies ability to process the
order at the estimated cost.
Notice of Defects
Customer is responsible for
inspecting the merchandise upon receipt. Customer shall notify
Seller in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT
OF THE MERCHANDISE of any claims for damages resulting from
late delivery or any defect in the merchandise discovered by
Customer, including, without limitation, claims related to shortages
or quality.
Seller shall not be responsible for shortages when shipments
are directed to a third party other than Customer. UNDER NO
CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS ON MERCHANDISE WHICH
HAS BEEN ALTERED OR MODIFIED IN ANY MANNER.
Any shortages or damages that
do occur will be replaced free of charge in Customer's next
shipment. Seller will not cover the cost of freight in replacements
and may ask for proof of damage upon complaint.
Returns and Cancellations
Stinky Art Company does not
accept returns or cancellations on any orders once entered into
production. Customer will be responsible for all freight and
shipping charges on items returned that are not the result of
Seller’s error.
Customer Acceptance
of Late or Defective Merchandise
Customer’s failure to
provide written notice of a claim, as set forth in these Terms
and Conditions of Sale, shall constitute a waiver of any claim
Customer may have for damages resulting from such defects, including
late delivery.
Prices, Quantities, Styles,
Colors
Prices are subject to change
without notice. All merchandise will be shipped at the prices
in effect at the time of shipping. All orders are subject to
availability.
Promotional Codes, Coupons,
Discounts
Discounts cannot be combined
with any other promotional offer at time of redemption, nor
can they be applied to previous purchases. Discount does not
apply to tax, shipping and handling, or similar processing charges.
DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES
IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE.
SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE
HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS
BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE
SOLD BY SELLER.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES
OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.
No Liability for Outside
Vendors
Seller shall not be liable for
any work performed by any third party vendor referred by Seller
and hereby waives any right to assert any claim against Seller
for work performed by any other third party or vendor, including
but not limited to claims for negligent referral, agency, or
respondent superior.
Customer's Credit Worsens
Seller has the right, in addition
to other remedies provided by the law, to terminate any delivery
or suspend further deliveries of other shipments in the event
Customer fails to pay for any shipment when the same becomes
due. Should Customer's financial condition become unsatisfactory
to Seller, in Seller’s sole discretion, Seller may require
cash payments in advance or other security satisfactory to Seller
prior to shipment of merchandise.
Jurisdiction/Governing Law
Seller is headquartered in the State of NY, United States of
America. These Terms and Conditions of Sale shall be governed
by and interpreted under the laws of the State of NY (without
regard to its conflicts of laws principles) and the federal
laws of the United States of America. If any provision of these
Terms and Conditions of Sale is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of
these Terms and Use, which shall remain in full force and effect.
Customer expressly agrees that
exclusive jurisdiction for any dispute with Seller, or in any
way relating to these Terms and Conditions of Sale, resides
in the courts of the State of NY and you further agree and expressly
submit to the personal and exclusive jurisdiction of the courts
of the State of NY in connection with any such dispute including
any claim involving the merchandise or Seller or its affiliates,
subsidiaries, employees, contractors, officers, directors.
Neither Buyer nor Seller shall be liable to the other for delays
in performance of its obligation hereunder caused by acts of
God, war (declared or undeclared), government regulation, terrorism,
disaster, strikes, civil disorder, curtailment of transportation
facilities, or similar occurrence beyond the party's control,
making it impossible, illegal, or commercially impracticable
for one or both parties to perform its obligations under these
Terms and Conditions of Sale, in whole or in part.
COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on our website (including but not limited
to articles, photographs, images, illustrations, audio clips
and video clips) are protected by copyrights which are owned
and controlled by Stinky Art Company or the party credited as
the provider of the material. The entire contents of our website
are also copyrighted as a collective work under the United States
copyright laws, and the selection, coordination, arrangement
and enhancement of such content are protected by copyright.
You shall abide by all copyright notices and other restrictions
contained in any material accessed through the website. No material
from our website or any website owned, operated, licensed, or
controlled by Stinky Art Company may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in
any way, except that you may download one copy of the materials
on any single computer for your personal, noncommercial home
use, and may print one hard copy of the material on this website
for your personal, noncommercial use, provided you keep intact
all copyright and other proprietary notices. You acknowledge
that you do not acquire any ownership rights by downloading
or printing copyrighted material. Modification of the materials
or use of the materials for any purpose other than personal,
noncommercial use is a violation of the respective owners' copyrights
and other proprietary rights. The use of any such material on
any other website or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary
to Stinky Art Company or the other designated owner of a posted
mark. Elements of our website are protected by trade dress and
other laws and may not be copied or imitated in whole or in
part.
Miscellaneous
These Terms and Conditions of
Sale constitute the entire agreement between Seller and Customer,
superseding any prior agreements between Customer and Seller.
The failure of Seller to exercise or enforce any right or provision
of these Terms and Conditions of Sale shall not constitute a
waiver of such right or provision. You agree that regardless
of any statute or law to the contrary, any claim or cause of
action arising out of or related to these Terms and Conditions
of Sale must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles
in these Terms and Conditions of Sale are for convenience only
and have no legal or contractual effect.
Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions
of Sale.
Please direct any questions or comments regarding the Terms
and Conditions of Sale by electronic mail to orders@stinkydog.com
at the following address:
Stinky Art Company
P.O. Box 1193
Northville, NY 12134
Tel: (518) 860-8671
I have read the following document and I agree to the stated
terms and conditions brought forward in this document. By signing
this agreement, I am stating that I have the authority to make
purchases for the company I am representing and to sign this
legal document.
Customer Signature:_______________________________
Please print name on this line:
__________________________
Company: _____________________________
Date: _____/____/____
Click
here for a .pdf copy of these Terms and Conditions
Click
here for a copy of our Purchase Order Form
Click
here for a copy of our Invoice
