Terms & Conditions

MARICELA SANCHEZ ART, LLC

TERMS AND CONDITIONS OF SALE

 

All orders for and sales of Products by Maricela Sanchez Art and at www.maricelasanchez.com are subject to and governed by these Terms and Conditions of Sale.

 

1. Order and Acceptance

After receiving your order to purchase pet gates or other products offered on the Website (“Products”), Maricela Sanchez Art, LLC (“MSA”) will send you an email or otherwise notify you that your order is confirmed. Until your order is confirmed by MSA, MSA has no obligation to complete your order. Once your order is confirmed, it is non-cancellable (unless otherwise expressly agreed in writing by MSA, subject to your payment of any cancellation fee of 25% of the product price.

 

2. Payment

You must pay in full all Products ordered by you, via the payment means described during the order process, with your order. All federal, state, local, and other taxes applicable to the sale of Products or other transactions contemplated by the order and sale of Products (other than taxes on MSA’s net income) are your responsibility.

 

3. Pricing

We endeavor to ensure that all Product prices appearing on the Website are accurate. However, Product prices are subject to change without notice. MSA will contact you before it confirms your order if there is a discrepancy between the posted pricing and the actual pricing. Posted prices do not include taxes, shipping, or handling.

 

4. Delivery

Items will be shipped within three to six weeks or less from MSA’s confirmation of your order.  MSA is not responsible for shipping delays, but MSA will endeavor to notify you of material delays in delivery.

 

5. Shipping

The buyer pays for all related shipping costs.  The price on the website includes one-way delivery using UPS Standard Ground in the Continental US.

Continental USA Shipping:  MSA will ship your Product to you using UPS, unless it is shipping by freight.  Shipping and handling charges are added to your invoice and prepaid by you.

Shipments outside the US may be subject to import duties and taxes and are a responsibility of the buyer or recipient.  For orders outside the US we suggest you contact the respective customs office for information regarding specific duties and taxes for the destination of the country.   By law we are required to fully disclose the value of the contents and cannot alter the value.

 

6. Valid Orders

Products may be ordered via the Website only from locations within the continental U.S. By placing an order for Products, you represent and warrant that you are located in the continental U.S. MSA will only deliver shipments to physical street addresses in the continental U.S. No shipments can be made to P.O. boxes.

 

7. Product Warranty

MSA warrants that each Product shipped to you will be free from material defects in workmanship. This warranty is valid for 60 days from the date that the Products are shipped to you. This is a limited warranty – MSA’s only warranty obligations are set forth in the Return Policy, below, and the defective Product and the other required information specified in the Return Policy, below, must be received by MSA within this 60 day period for Product to be covered by the warranty. Any warranty claim (and required items) not received by MSA within the 60-day period may be honored or rejected by MSA in its sole discretion.

 

8. Return Policy

Because each Product is made to your specified requirements, unfortunately we are not able to accept returns of any non-defective, undamaged Product for any reason.

 

9. Disclaimer; Limitation

EXCEPT AS EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS AND CONDITIONS OF SALE, THE PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND MSA MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL USE, PLACEMENT, INSTALLATION, AND DEPLOYMENT OF THE PRODUCTS IS AT YOUR SOLE RISK, AND MSA HAS NO RESPONSIBILITY OR LIABILITY RELATED TO THOSE EVENTS OR THE PERFORMANCE (OR NON-PERFORMANCE) OF THE PRODUCTS OR RELATED TO WHETHER THE PRODUCTS MEET YOUR NEEDS OR PURPOSES. IF MSA FURNISHES ANY TECHNICAL, DESIGN, USE, PLACEMENT, DEPLOYMENT, INSTALLATION, OR OTHER SUGGESTIONS TO YOU, WHETHER OR NOT AT YOUR REQUEST, MSA WILL NOT BE LIABLE FOR, AND YOU ASSUME ALL RISK OF, SUCH SUGGESTIONS AND THE RESULTS THEREOF.

 

IN NO EVENT WILL MSA BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR EXTRA-CONTRACTUAL DAMAGES OF ANY KIND WHATEVER UNDER OR RELATED TO THESE TERMS AND CONDITIONS OF SALE OR THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, DIMINUTION IN VALUE, OR LOSS OF BUSINESS, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED BY THESE TERMS AND CONDITIONS OF SALE FAIL OF THEIR ESSENTIAL PURPOSE.

 

THE AGGREGATE TOTAL LIABILITY OF MSA UNDER OR RELATED TO THESE TERMS AND CONDITIONS OF SALE OR THE PRODUCTS WILL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF (a) $500 OR (b) THE PURCHASE PRICE PAID BY YOU FOR ALL PRODUCTS DELIVERED TO YOU BY MSA UNDER THESE TERMS AND CONDITIONS OF SALE DURING THE SIX MONTH PERIOD PRECEDING THE DATE THAT MSA’S FIRST INSTANCE OF LIABILITY FIRST AROSE (LESS THE AGGREGATE OF ALL AMOUNTS PAID BY MSA HEREUNDER ON ACCOUNT OF PREVIOUS EVENTS OF LIABILITY). THE FOREGOING LIMITATIONS DO NOT INCLUDE OR APPLY TO YOUR LIABILITY FOR PAYMENTS DESCRIBED IN OR DUE UNDER THESE TERMS AND CONDITIONS OF SALE.

 

10. Intellectual Property Rights

The Products are covered by copyright, patent, and/or other intellectual property rights belonging to MSA. MSA retains and reserves all intellectual property rights in the Products. Neither your purchase nor any use by you of the Products creates any Product-related intellectual property rights in your favor or conveys any Product-related intellectual property rights to you. MSA will take all actions deemed appropriate by it to preserve and protect its Product-related intellectual property rights, including, without limitation, pursuit of all available legal remedies in the courts.

 

You grant to MSA, and MSA accepts, an unlimited, irrevocable, worldwide, non-exclusive, transferable, assignable, sublicensable license to reproduce, distribute, perform, display, prepare derivative works based on, use, make, sell, offer to sell, import, and export all ideas, designs, inventions, specifications, drawings, artwork, and other works of authorship, and other technical and non-technical data, material, and information that you provide to MSA in connection with the Products requested or ordered by you, in whatever form provided (“Buyer Materials”). You warrant and represent that neither any Buyer Materials, nor any use of any Buyer Materials, does or will infringe on, misappropriate, or violate any intellectual property, proprietary, contractual, or other rights of any person or entity.

 

11. Governing Law

These Terms and Conditions of Sale will be governed by and construed in accordance with the laws of the State of Texas. All disputes and claims under or related to these Terms and Conditions of Sale or the Products must be brought in and resolved before the federal or state courts located in Nueces County, Texas, and the courts of appeal from those courts.

 

12. Miscellany

This Terms and Conditions of Sale document is the exclusive statement of the agreement between you and MSA with respect to your purchase and MSA’s sale of Products, and these Terms and Conditions of Sale supersede any and all prior or contemporaneous oral or written communications, proposals, representations, and agreements, express or implied. Headings used in these Terms and Conditions of Sale are for reference only and do not and will not affect the interpretation of these Terms and Conditions of Sale. Should any term or provision of these Terms and Conditions of Sale be held to any extent unenforceable, invalid, or prohibited under law, then such provision will be deemed restated to reflect the original intentions expressed in these Terms and Conditions of Sale as nearly as possible in accordance with applicable law and the remainder of these Terms and Conditions of Sale. The application of such term or provision to persons, property, or circumstances other than those as to which it is invalid, unenforceable, or prohibited, will not be affected thereby, and each term and provision of these Terms and Conditions of Sale will be valid and enforceable to the fullest extent permitted by law. MSA will not be liable to you for any inability or delay to ship Products or perform any other task or responsibility under these Terms and Conditions of Sale, in whole or in part, if caused by you or events or circumstances beyond MSA’s reasonable and actual control. (For the avoidance of doubt, the following events and circumstances, without limiting the generality of the foregoing, are beyond MSA’s reasonable and actual control: accident; strike and other labor troubles and disputes; flood; fire; war or terrorism; act of god; civil commotion; lack of and inability to obtain labor and materials; embargo; delays in transportation; and, laws and other governmental actions, requirements, regulations, and restrictions.)

 

ADDITIONAL TERMS & CONDITIONS

 

Returns

By placing an order, you agree that MSA can begin production of your product.  Because each Product is made to your specified requirements, unfortunately we are not able to accept returns of any non-defective, undamaged Product for any reason.

 

Damage & Shipping

Customer pays for all shipping costs.  A tracking number will be emailed to you when shipping is processed.  Customer must use a physical delivery address in the continental U.S. No shipments can be made to P.O. boxes.

 

Products are inspected before shipping.  Customer should inspect products for damages within 2 days.  Risk of loss related to the Products pass to you when Maricela Sanchez Art delivers the Products to the shipper or carrier.  Maricela Sanchez Art is not liable for shipping delays or damages once the products have been shipped.  This is the responsibility of the carrier.  IF YOUR PRODUCT ARRIVES DAMAGED DUE TO SHIPPING, THE BOX, PACKAGING MATERIALS AND PRODUCT MUST BE KEPT FOR CARRIER INSPECTION.  Take photos of damaged box/packaging and product and retain all important documentation to make an insurance claim against the carrier.

 

Shipment Loss or Stolen 

Once products are accepted, Maricela Sanchez Art is not responsible for any damages created or liability.  All issues will be governed by the laws of the State of Texas. Any action must be brought in the state or federal courts in Nueces County in Texas and the parties hereby consent to the jurisdiction of such courts.

 

Copyright & Patents

Maricela Sanchez Art, LLC has copyrights on all artwork and the work is US Patent Pending.  All rights reserved.  No reproduction or publishing is allowed in whole or in part.  All designs shall remain the property of Maricela Sanchez Art and may not be reproduced without the express written consent of Maricela Sanchez Art.

 

Support & Customer Service

For customer service, please contact your sales representative preferably or e-mail info@maricelasanchez.com.