THIRD & WALL ART GROUP LLC TERMS & CONDITIONS
These terms and conditions govern the use of the website www.thirdandwall.com. Third & Wall Art Group LLC retains the right to modify these terms at any time. To learn about our privacy practices related to this website, refer to our privacy policy.
1. Copyrights and Trademarks
All content on this site is the exclusive property of Third & Wall Art Group or its content suppliers, and is protected by the United States and international copyright laws. No images, graphics or logos may be downloaded from this site without written consent from Third & Wall Art Group. Content on this website may be used as a resource only. Any other use, including the reproduction, modification, distribution, transmission, re-publication or display is strictly prohibited.
Third & Wall Art Group's trademarks and service marks may not be used for any purposes by any third party without the prior written consent of Third & Wall Art Group.
2. Legal Use and Canvas Transfers
Third & Wall Art Group's originals, posters and limited editions are for wall decor use only, and may not be altered for use on other products, including canvas transfers, without prior permission from Third & Wall Art Group.
3. Product Descriptions
Third & Wall Art Group does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by Third & Wall Art Group and purchased by you is not as described, your sole remedy is to return it in its original condition for a refund or credit.
4. Ability to Order Products
To be able to order products that are displayed on this website, you must submit a completed and signed Credit Application in order to open an account with Third & Wall Art Group. To request an application, contact us at 1.877.326.3925 or 1.206.443.8425; or via email at customerservice@thirdandwall.com.
4.1 Responsibility for Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You are responsible for all activities that occur under your account or password. Third & Wall Art Group and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
4.2 Ordering
4.2.1 Placing an Order
Orders may be placed during office hours. Our office hours are Monday through Friday, 8:00 am to 5:00 pm Pacific Standard Time.
(a) To Order by Phone
Our toll-free phone number is 1.877.326.3925 (1.877.3ANDWAL).
For local calls or from outside the U.S. call 206.443.8425.
(b) To Order by Fax
Fax us anytime, toll-free, at 1.877.326.3924 or 206.441.4299.
(c) To Order by Email
Email us anytime at: customerservice@thirdandwall.com.
4.2.2 Minimum Order Amounts
There is a minimum order of $50 net. For all orders less than $50 net, there will be a $10 service and handling fee added to your order in addition to shipping charges.
4.3 Payment for Orders
Orders must be paid for in the following manner: cash, check, Visa or MasterCard.
4.4 Shipping
Orders received by 11:00 PM (PST) will usually ship the same day, unless item(s) are on backorder (see below). Orders will be shipped prepaid freight and the freight charges will be added to the invoice unless otherwise requested. All domestic orders are shipped via ground service unless otherwise specified. Overnight, Two-Day and Three-Day Air Service are also available upon request. Shipping charges are based on actual shipping cost, plus $10 per package insurance and handling ($8.50 per package for orders over $50). To the extent possible, orders will be grouped so as to minimize the number of separate packages. Charges are subject to change without notice.
4.5 Risk of Loss
The risk of loss and title for products you purchase pass to you upon delivery to your location.
4.6 Back Orders and Unavailable Works
If an item is not available when an order is placed, we will notify you and backorder this item if possible. The backordered art will be sent via ground shipping and you will not be charged for shipping. Clients are responsible for shipping charges if air express shipment of a backorder is requested.
If the item is a limited edition with no additional printings left or an individual original work that has sold, we will not be able to fulfill your order and may recommend alternate products or artist commissions.
4.7 Returns
Our Fulfillment Team packs your orders with the greatest care and precision possible. However, if your order arrives damaged or improperly handled, you must notify us within 5 days of receiving the damaged shipment. We will either replace the damaged object or refund the charges to your account. If you are required to return the object to us, be sure to accompany your return with a copy of the packing slip.
Third & Wall Art Group is not responsible for any original, commissioned or reproduced artwork once it has been framed, stretched, finished or otherwise manipulated by the client or their agents or vendors; and said artwork cannot be returned to Third & Wall Art Group for credit.
4.8 Cancellations
Cancellations will not be accepted after the order is shipped.
4.9 International
Payments on international orders must be made in US dollars only. All export orders must be prepaid by credit card or wire transfer until an open account has been established. Further, shipping charges do not include applicable import duties or taxes, which may be due upon entry into the destination country. If the destination country imposes import duties and/or taxes, the customer is responsible for payment of such duties or taxes.
5. Disclaimer of Warranties and Limitation of Liability
THIRD & WALL ART GROUP WARRANTS THAT THE PRODUCTS PROVIDED ON THIS SITE WILL MATERIALLY CONFORM TO THE DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, THIRD & WALL ART GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS RETURN FOR REFUND OR CONFORMING REPLACEMENT.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIRD & WALL ART GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THIRD & WALL ART GROUP DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIRD & WALL ART GROUP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIRD & WALL ART GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
6. Additional Provisions
6.1 Applicable Law
By visiting the site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and Conditions agreement and any dispute of any sort that might arise between you and Third & Wall Art Group relating to our agreement.
6.2 Modification and Severability
We reserve the right to make changes to these Terms and Conditions at any time and in our sole discretion. As such, you should review those policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions are held to be invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
