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ArtsCow > User Agreement

User Agreement

Terms of Service

These Terms of Use were last updated on Sept 6, 2012

The following Terms and conditions of Service contain the terms and conditions that govern your use of the ArtsCow.com Service. These Terms of Service describe your rights and responsibilities. ArtsCow.com Services are provided to individuals who are at least 18 years old or minors aged between 13 and 17, who have parental permission to open and maintain an account. Use of the ArtsCow.com web site service constitutes acceptance of these Terms of Service. Please read them carefully.

After clicked the "Submit" button and completed the registration process, you are stating that you are eligible for an account and you agree to be bound by all of these terms and conditions of the service ("TOS").

ArtsCow.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this terms and conditions of service, at any time and in its sole discretion, by posting a change notice or a new agreement on the ArtsCow.com Web Site. If any modification is unacceptable to you, you can only choose not to use the ArtsCow.com website and service. Your continued use of the ArtsCow.com web site will constitute binding acceptance of the changes of the Terms and Conditions of Service.

In order for ArtsCow.com to quickly, efficiently and professionally serve our customers needs as well as to insure that all customer correspondence is properly documented, please submit ALL inquiries to us via email. Inquiries will be confirmed to you within minutes and responded to within 24 hours or less as long as your order number or the word "ArtsCow.com" is placed in the subject line of your email, and it is sent to support@ArtsCow.com ONLY. Please DO NOT send emails to any other ArtsCow.com email address (unless you are requested) since it will be discarded as SPAM.

  1. The Customer guarantees, warrants, and certifies that it does not infringe upon or unlawfully, wrongfully, or improperly use any trademark, trade name, service mark, or copyright owned or claimed by another. The Customer further guarantees, warrants, and certifies that to its knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any trademark, trade name service mark, copyright formerly or currently used by the Customer in connection with the services rendered by the Company. The Customer shall indemnify, defend, and hold harmless the Company from and against any and all liabilities, costs or expenses which the Company might incur arising from or relating to the Customer's infringement upon, or unlawful, wrongful, or improper use of a trademark, trade name, service mark, or copyright owned or claimed by another.

  2. Furthermore, the ArtsCow.com shall not be liable for any injury or damage to any person or property whatsoever by reason of, or in any manner growing out of, the Customer's infringement upon, unlawful, wrongful, or improper use of a trademark, trade name, service mark, copyright, owned or claimed by another.

  3. ArtsCow.com reserves the right to modify, remove and/or delete any material that is illegal, obscene, abusive, pornographic, harassing, threatening, defamatory, invading privacy or infringing intellectual property rights.

  4. ArtsCow.com does not accept any responsibility or liability for any losses, damage or injury of any kind which is in any way connected with your use of ArtsCow's products.

  5. ArtsCow.com reserves the right to decide in its sole discretion whether to reproduce images presented to it in connection with its business as well as the sole discretion to deny the customer the ability to utilize ArtsCow.com website for the sale of their goods.

  6. Customer certifies that (s)he is over the legal age 18 and has the ability to enter into any and all transactions on ArtsCow.com website. For users aged between 13 and 17, they can only use the website services under the supervision of their parents or legal guardians. Users aged below 13 are not permitted to use the website.

  7. Due to the customized nature of all products sold on our website, cancellations will not be honored once an order has entered production. All orders are to be fully paid for at the time of production.

  8. Based on the advice of ArtsCow.com production team, alterations to certain aspects of your custom product order such as the merchandise brand, size, color, print process used, print size, print color etc., may be required due to limitations caused by available product, available production materials, production equipment capabilities, as well as limitations caused by the quality or type of your submitted design. In this instance you agree that ArtsCow.com will send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. ArtsCow.com may re-request that you accept a production alteration one additional time if an alternative method to produce your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.

  9. RETURNS/CANCELLATIONS

    1. ArtsCow.com produces each and every customer order on a personalized basis which allows us to customize the product as well as to offer literally millions of design choices. For this reason ArtsCow.com is unable to accept returns or exchanges of product due to a customers desire to the change the size, style, color, art or design of the product that they ordered.

      ArtsCow.com's responsibility is to duplicate, to the best of our ability, designs which are submitted even though the design image may be low resolution or may be defective in some way. ArtsCow.com will imprint designs exactly as it is received from the customer and, we do not accept written requests to alter the design which is submitted with the order. ArtsCow.com is not responsible for and does not accept returns or exchanges due to the designs "look" or "feel". Further, the "look" or "feel" of the designs application to the product is not grounds for the return of the product as long as the design is fully applied to the product. Return is unaccepted if the products has been washed or worn.

    2. CARE

      ArtsCow.com is not responsible for fading or other damage which are caused during improper washing or care. The proper care instructions can be found on the clothing tags attached to apparel.

    3. SIZING

      Our product is sized exactly to industry standards. ArtsCow.com provides detailed sizing charts in various places throughout our web site and is not responsible for incorrect size ordering.

    4. REFUNDS

      ArtsCow.com does not provide cash refunds for products which have been shown to be defective. ArtsCow.com strict policy is to repair or to re-do all truly defective product and to re-ship it back to the customer at ArtsCow.com expense.

    5. RETURN AUTHORIZATION NUMBER

      ArtsCow.com will provide a Return Authorization number and return address once a valid claim regarding defective product is submitted to support@ArtsCow.com. This claim must be submitted within 5 business days of the products receipt by the customer and must be received by ArtsCow.com within 30 days of the products receipt by the customer. When requesting a Return Authorization number, the following information is required: Detailed reason for return? Has product been washed or worn? Is the product potentially wearable/usable or a complete loss to you? The email must contain the customer's order number in the subject line.

      ArtsCow.com customer service teams will reply within 24-48 hours with either further questions or with an Return Authorization number and a return shipping address. All returns must be clearly marked with this number.

      Once the product is returned to ArtsCow.com(ArtsCow.com is not responsible for lost returns that are not tracked), ArtsCow.com Quality Control team will inspect the product to determine if it is defective or not. "Defective" is defined as a material manufacturers flaw in the product itself or a material error in the imprinting or embroidering of the product. Slight variations in color, design, product size, design size or product "look" are not considered defects. A 15% re-stocking fee and return shipping charges will be charged for merchandise returned that is deemed either not damaged or if the damage is determined not to be the fault of ArtsCow.com.

    6. CANCELLATIONS

      Due to the unique nature of all custom made orders (any designs, images, logos, characters or special merchandises which are used), cancellation is not possible, however replacement will be arranged if the the product is deemed defective (see above).

  10. ORDER PRODUCTION

    Production of orders including orders from the continental United States (U.S.), as well as worldwide orders (INTL.) The production period for different custom imprinted products can be found here. On the occasion that a product style, color or size is on back order, production time may be extended. Orders produced within this reasonable, stated period are not returnable or refundable since customized product is not re-stockable. Once production is complete your order will be shipped immediately.

    For more details, please refer to our FAQ

  11. ORDER SHIPPING

    Our delivery times for regular airmail shipments take approximately 7-12 business days (regular/registered airmail) for deliveries to USA and Canada. For shipments to other countries, transit may take longer due to shipping delays and increased security checks with international customs. Delivery dates are not guaranteed and may incur additional transit time due to unforeseen delays with the shipping service provider and extreme weather conditions.

  12. SHIPPING & DELIVERY

    ArtsCow.com utilizes well known, outside national & international shipping carriers. All shipping times are within the control of the outside carrier and therefore are not guaranteed by ArtsCow.com. We currently do not offer overnight shipping for any orders. ArtsCow.com is not responsible for any VAT, Duty Charges or Brokerage Fees at time of delivery. Please check with your local laws and regulations as we are unable to advise you on these. Additional shipping fees may also be charged for delivery to specific countries, please contact Customer Service for additional information.

  13. SHIPPING CREDIT

    A SHIPPING CREDIT is a product credit which may be applied towards the shipping portion of any FUTURE product purchase during the 6 months which follows its issuance. This credit may only be utilized for one future purchase and cannot be applied towards the product portion of your future order.

  14. ORDER TRACKING

    Tracking service is NOT available for orders made via regular airmail.

    If your order has been shipped out using an express courier service (e.g. FedEx/UPS/DHL), you may trace its progress using the tracking link provided in your order invoice. Our system will send you an email notification within 24 hours of your goods being dispatched.

  15. TERMINATION

    ArtsCow.com may terminate or suspend your access to all or part of the site, without notice, for any conduct that ArtsCow.com, in its sole discretion, believes is in violation of any applicable law or is harmful to ArtsCow.com or a third party.

  16. NOTICE

    ArtsCow.com may deliver notices to you by means of electronic mail, a general notice on ArtsCow.com or by post. You may give notice to ArtsCow.com at any time by means of electronic mail to ArtsCow.com or by post to the following address: Unit 911, New City Center, 2 Lei Yue Mun Road, Kwun Tong, Hong Kong.

  17. MODIFICATION OF TERMS

    These Terms of Use may be modified from time to time. You should therefore read these Terms of Use and the order terms before you place any order.

  18. GOVERNING OF LAW

    These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. You irrevocably agree that the courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms of Use.

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