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Terms & Conditions

Terms and Conditions for Coastal Sparks LLC Ecommerce Site

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1. Introduction

Welcome to Coastal Sparks! These Terms and Conditions govern your use of our website and purchase of products through our ecommerce portal. Please read them carefully before using our services. By accessing our website or purchasing our products, you agree to be bound by these Terms and Conditions and our Privacy Policy.

 

2. Use of Website

Our website provides information about our products and services. You may use our site for personal and non-commercial purposes only. Copying, reproducing, distributing, displaying, or selling any information, software, products, or services obtained from the website without our prior written consent is strictly prohibited.

 

3. Account Registration

To place an order, you may be required to create an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

 

4. Product Descriptions

Coastal Sparks Metal Art attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. Actual colors and finishes may vary from the online display due to monitor discrepancies and other factors.

 

5. Pricing and Payment

All prices are listed in U.S. dollars and do not include shipping and handling or any applicable sales taxes, which will be added to your total invoice price. Prices are subject to change without notice. Payment must be received by us before our acceptance of an order.

 

6. Shipping and Delivery

Coastal Sparks Metal Art ships to addresses within the United States and internationally. Risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. Delivery dates are estimates and are not guaranteed.

 

7. Cancellations, Returns, and Refunds

You may cancel an order before it has been processed for shipping. After shipping, we accept returns of faulty or damaged goods which must be reported within a certain number of days after receipt, as detailed in our Return Policy. Refunds are processed according to the original method of payment.

 

8. Intellectual Property Rights

All content on this site, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Coastal Sparks Metal Art or its content suppliers and protected by United States and international copyright laws.

 

9. Limitation of Liability

Coastal Sparks Metal Art and our associates attempt to deliver a seamless shopping experience, but we are not liable for any direct, indirect, incidental, special, or consequential damages arising from the use of this site or the purchase of any product or service.

 

10. Indemnification

You agree to indemnify, defend, and hold harmless Coastal Sparks Metal Art and our affiliates, officers, directors, agents, partners, employees, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

11. Severability

If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

12. Changes to Terms and Conditions

We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

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13. Governing Law

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state in which Coastal Sparks Metal Art is located without regard to its conflict of law provisions.

 

14. Contact Information

Questions about the Terms and Conditions should be sent to us at support@coastalSparksmetalart.com.

Effective Date of these Terms and Conditions: 5/7/2024

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Disclaimer and Indemnification Agreement

1. Acknowledgement of Variation Risk: The party engaged with our services or products (hereinafter referred to as "Recipient") acknowledges that variations from the expected outcome may occur. Such variations may be due to but not limited to, changes in market conditions, product batch differences, service modifications, or unforeseen circumstances.

2. Disclaimer of Warranties: The services and products provided are on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The company expressly disclaims any warranty that the services or products will meet the Recipient’s requirements or that the delivery of such will be uninterrupted or error-free.

3. Limitations of Liability: The company 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, use, data, or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services or products; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the services or products; or (iv) any other matter relating to the services or products.

4. Indemnification: The Recipient agrees to indemnify, defend and hold harmless the company, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by the Recipient or any other person accessing the service.

5. Variation Acceptance: The use of the company’s services or products by the Recipient constitutes an understanding and acceptance of the potential variations and an agreement to the terms outlined within this Disclaimer and Indemnification Agreement.

6. Severability: If any provision of this Disclaimer and Indemnification Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

By engaging with the company's services or products, the Recipient acknowledges that they have read, understood, and agree to the terms of this Disclaimer and Indemnification Agreement. This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the company operates.

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