If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your billing address, your shipping information, your credit card number, and the expiration date of your credit card.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct delivery address and postal code/zip code, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Tempest Art will not be responsible for missed delivery because of a wrong delivery address or an inappropriate email address. Should you like to ask for a change in the delivery address, or any other special requirements, please contact Tempest Art.
When placing a purchase, you represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an email from us confirming the details, description, and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.
Once you have clicked on the "confirm" button, it might be not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member's account for Products claimed as damaged or not received are subject to Tempest Art investigation and discretion.
The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Tempest Art will not make any refunds and will not resend the Product.
Tempest Art will review replacement/return requests only if (a) there is a missing or broken Product, or a print error if Tempest Art is at fault and (b) Tempest Art receives a complaint within 30 days from the day the Product was delivered or within 30 days after the estimated delivery date, if the Product is missing.
Availability, Errors and Inaccuracies
Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website are 100% accurate representations of the product, and sizes might in some cases be approximate.
The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
In order to enjoy all of Tempest Art's benefits, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by filling out all required personal information). You may opt out of marketing and promotional emails. You may cancel your membership at any time by canceling online on the Site. To complete registration, you shall provide an email address and a password. You may never use another user's Tempest Art account without permission from that user.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Tempest Art immediately of any breach of security or unauthorized use of your account. Although Tempest Art will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tempest Art or others due to such unauthorized use.
Tempest Art may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Tempest Art may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. You certify to Tempest Art that if you are an individual (i.e., not a corporation) and you are at least 18 years of age. You also certify that you are legally permitted to use the Service, and take full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
The Service and its original content, features and functionality are and will remain the exclusive property of Tempest Art LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tempest Art LLC.
Our Service may contain links to third party web sites or services that are not owned or controlled by Tempest Art LLC.
Tempest Art LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Tempest Art LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Tempest Art is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that:
i. the Services will be secure or available at any particular time or location;
ii. any and all errors which are Tempest Art responsible will be corrected;
iii. the Services will always be free of viruses or other harmful materials; or
iv. the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless Tempest Art LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.