Terms Of Use
INTRODUCTION
This agreement contains the terms and conditions that apply when using our website. By using or shopping from this website, you agree to be bound by the terms of use and comply with them. This agreement describes the agreement between us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content and computer programs provided by or through the website, and the subject matter of this agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
USE OF THE SITE & PROHIBITIONS
The website allows you to shop online. However, you are prohibited from doing the following: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfering with listings; (f) posting false, inaccurate, misleading, defamatory, or libelous content; (g) taking any action that may damage the rating system.
In order to complete the sign-up process on our site, you must provide your full legal name, current address, a valid email address, and any additional information requested. You must be 18 years of age or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
PAYMENTS AND PROCESSES OF INVOICE
Our websites, shop.michaelsconsignment.com, ebay, and any other online venue, has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by us prior to the latter’s acceptance of an order. Unless credit terms have been agreed upon, payment for the products shall be made by credit card, paypal or google checkout. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. We have all the discretion to cancel or deny orders. We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any orders arising from such errors. Invoices must be paid within 2 days of the invoice date.
REFUND POLICY
All sales are final. We will not grant a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws.
We will only refund based on questions of authenticity. If available, confirmation or proof from a recognized authority is appreciated. The item must be postmarked for return within 48 hours. The 48 hours begins on the date the item is received via UPS documentation, or the date you pick it up in the store. Items must be returned in the exact condition they were sent. We will investigate the case and provide a refund for the item and the shipping costs if it is proven to be faux.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier. If you would like to purchase insurance or request a signature at the time of delivery, please contact us. We will send you an additional invoice and will be sure to comply with your request.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site.
ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the Program except as expressly set forth in this agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUD
Fraudulent activities are highly monitored in our site and if fraud is detected shop.michaelsconsignment.com shall pursue all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted by an end-user customer is proprietary information of our company/website. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
MISCELLANEOUS
This agreement shall be governed by and construed in accordance with the substantive laws of New York, NY, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New York, NY, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.