The Art of Mary Capaldi's General terms and conditions
Thank you for your interest in our products! Below are the terms and conditions that apply to your purchase; they are here to explain your rights. If you have any questions you are always welcome to contact us and we will be happy to explain how this works. What is covered here are things such as who you are purchasing from (section 1), how to make an order (section 2), prices (section 4), shipping and delivery (section 6), right to withdrawal (section 7), and warranties (section 8). We hope that you will enjoy your purchase!
These general terms and conditions (the “General Conditions”) apply when you (“Customer” or “you”) place an order from The Art of Mary Capaldi (“Company”, “us” or “we”) on marycapaldi.tictail.com, (the “Website”).
We sell products to multiple jurisdictions and these General Conditions are set out to be global. Still, depending on the jurisdiction in which you live, mandatory law may also apply. We respect such applicable laws and nothing in these General Conditions shall be seen as a limitation of your mandatory statutory rights, if such laws provide greater rights for you than set out here.
By accepting these General Conditions, you understand and accept that any order, purchase or transaction is made exclusively between the Company and the Customer, and that Tictail AB, Tictail Inc — as a platform provider - is not responsible for any content, interactions or transactions made on marycapaldi.tictail.com.
When you receive an order confirmation from us, your purchase order is
accepted and a purchase agreement is entered into. We encourage you to
save the order confirmation for any future contacts with us. We may deny
a purchase order for various reasons, such as
incorrect personal data and/or your payment method declining.
You may withdraw your order until it has been confirmed by us. We will then refund any payment that you, or your payment or credit card company, have made for the order.
We may cancel an order if the products ordered are sold out. We will then refund any amount paid and notify you about equivalent products if such are available.
All products ordered remain our property until we have received full payment for them.
Customer information etc.
You are responsible that the personal data you provide us with is correct and complete.
You are responsible for all purchases made with your login details. Keep your login details secret and secure. Let us know if you suspect that an unauthorized person has obtained access to your login details.
If you are a citizen of the European Union or any other non-U.S. jurisdiction, you acknowledge and agree that, because we are a United States merchant, your personal information must be transferred to the United States in order to fulfill any purchase order you may make. You hereby consent to such transfer and our processing of your information for that purpose.
Prices, fees etc.
The prices indicated on the Website apply to orders placed on the Website. All prices are in the currency stated on the Website and include tax where specified (depending on where you reside tax may however not be applicable to your purchase). Shipping fees are not included in item prices and will be applied at checkout. Please note also that local charges (such as currency conversion fees, credit or bank card fees, sales tax, customs duty etc.) may apply depending on where you live and local regulations. Such charges are at your expense and will not be refunded by us.
From time to time we may, for specific products, offer more favorable conditions than those provided for in these General Conditions, for example with regards to extended right of withdrawal or free returns. Such more favorable conditions are valid only for a limited duration of time, until the specific products are sold out, and may be cancelled by us at any time, and if we do so these General Conditions will apply without amendments.
Shipping and delivery
Products in stock are normally shipped out in 1-3 business days. The expected delivery time for an order is
set out in the order confirmation. In case of delay in delivery, we will
inform you and continue to monitor the order. If you place an order to be picked up at an event, effort will be made to get in touch with you during the event, but you are ultimately responsible for collecting your order.
You may return any order by notifying us within 14 days from the day that you received the ordered products. You must then send us a return notification containing your name, address, e-mail address, the order number and a specification of which products that the return relates to, for example by using the web form on the Website. You must then also, immediately and within 14 days from the date of the return notification, return the applicable products to us at your expense. You are responsible for the condition of the products during the shipment back to us and we therefore strongly recommend that you send these well packaged, in good condition and in their original box and/or packaging.
When an order is returned by you, we will refund the price that you have paid for the products returned, excluding any shipping or handling costs. From the amount to be refunded we will however deduct any depreciation in value of the products if such depreciation is due to the fact that you have handled them to a greater extent than necessary to determine their function or characteristics. We will pay the amount to be refunded within 30 days of the return notification. We will however delay the payment until we have received the returned products or proof that they have been sent to us (certificate of delivery). The refund will be paid with the same payment method that you used to pay the return products unless otherwise agreed.
You may not return products which:
- relate to a service which has been fully performed;
- relate to goods or a service for which the price is dependent on fluctuations on the market which we cannot control and which may occur during the period between you receiving the returned products and your notification to us of the return of the order;
- relate to goods which have been manufactured in accordance with your specifications or which otherwise are clearly personalized;
- relate to goods which may quickly deteriorate or expire;
- relate to goods with a broken seal which are not suitable for return due to reasons of health or hygiene, and the seal has been broken by you;
- relate to goods which, after delivery, by their nature, are such that they are mixed with other items so that the items cannot be separated;
- relate to a sealed audio or video recording or sealed computer software and the seal has been broken by you;
- relate to individual issues of a newspaper or magazine;
- relate to digital content which is supplied other than on a tangible medium;
- relate to cultural events, sporting events, or any other similar leisure activity, food service, catering, or any other similar service, accommodation, transportation of goods or vehicle rental, where we are to provide the service on a specific day or during a specific period.
Warranty and Complaints
EXCEPT AS EXPRESSLY SET FORTH BY US HEREIN OR OTHERWISE IN WRITING, OUR PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THAT THE PRODUCTS ARE FREE OF DEFECTS OR MALFUNCTIONS.
Limitation of Liability
WHERE APPLICABLE MANDATORY LAW DOES NOT PROVIDE OTHERWISE, OUR LIABILITY IS LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT PAID TO US IN CONNECTION WITH THE APPLICABLE TRANSACTION, AND UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR INDIRECT DAMAGES SUCH AS LOSS OF EARNINGS ETC.
Intellectual Property Rights
The Website and all its content is owned by us or our licensors and protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information on products, services and other content may not be copied or used without our prior written consent.
WE RESERVE OURSELVES FOR ANY IMAGE OR TYPOGRAPHICAL ERRORS ON THE WEBSITE, SUCH AS ERRORS IN PRODUCT DESCRIPTIONS, TECHNICAL SPECIFICATIONS, INACCURATE PRICES OR INCORRECT INFORMATION WITH REGARDS TO WHETHER A PRODUCT IS IN STOCK. WE ARE ENTITLED TO RECTIFY ANY OBVIOUS ERRORS AND, AT ANY TIME, TO CHANGE OR UPDATE THE INFORMATION ON THE WEBSITE ACCORDINGLY.
THE IMAGES ON THE WEBSITE ARE FOR ILLUSTRATION PURPOSES ONLY AND DO NOT GUARANTEE TO REPRODUCE THE EXACT NUMBER OF PRODUCTS THAT YOU WOULD RECEIVE AT AN ORDER, NOR THE EXACT APPEARANCE, FUNCTION OR ORIGIN OF THE PRODUCTS.
Changes to the General Conditions
We may change these General Conditions at any time. We will then set forth the changed General Conditions on the Website and they will enter into force once you have accepted them (in connection with a new order through the Website or while browsing the Website).
Governing law and disputes
Any dispute regarding the interpretation or application of these General Conditions shall be governed by and construed in accordance with the laws of the country or state where we reside.