1.1 Buyer means the individual or organization who buys or agrees to buy the Services from the Supplier;
1.2 Consumer shall have the meaning ascribed in 1.1
1.3 Contract means the contract between the Supplier and the Buyer for the provision of Services Incorporating these Terms and Conditions;
1.4 Services means the services that the Buyer agrees to buy from the Supplier;
1.5 Supplier means GRAPHIC IMAGES INC. at 2301 NW 33rd Ct Suite 105, Pompano Beach, FL 33069 that owns and operates CreateMyWalls.com
1.6 Terms and Conditions means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 Website means CreateMyWalls.com
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5 or by e-mail to firstname.lastname@example.org
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the order process selection pages of the Website.
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website, errors and omissions excepted.
4.2 The total purchase price will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3 After the order is received, the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer
4.4 Payment must be made without deduction or set-off.
5.1 The Supplier shall begin to perform the Services once payment has been accepted.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw the Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
7.1 Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
Where the Buyer is a Consumer, the Buyer has the right to cancel their purchase, by notice in writing, within 24 hours of order. If, however, the supplier starts to create your product before the Buyer exercises this right to cancel, the right to cancel is lost.
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier's agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
13.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.
If the product arrives damaged to the Buyer, or the Buyer is unhappy with the product, the Supplier will at their sole discretion most often accept returns or exchanges, from here on called returns (the Buyer must pay for return shipping costs). For a return to be considered, the Buyer must contact the Supplier within 5 days of receipt in writing and express their intent to return and reason for return. If not contacted within 5 days, the Supplier is not obligated to return the item. Items not received within 15 days from the date of shipping from the Seller will not be valid returns. The Supplier treats each complaint or error very seriously and investigated appropriately.
TERMS AND CONDITIONS OF USE OF CreateMyWalls.com
Your access to and use of CreateMyWalls.com (the Website) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
The Supplier reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that the Supplier shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by the Supplier.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
5.3 Buyer agrees that it either has right or owns the copyright to any image it is asking to be printed. Buyer accepts full responsibility and liability if it does not have right or owns the copyright. The Supplier accepts no responsibility or liability to a Buyerâ€™s violation of international copyright laws.
6.1 The Website is provided on anAS IS andAS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, the Supplier will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 The Supplier makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Supplier for death or personal injury as a result of the negligence of the Supplier or that of its employees or agents.
6.5 The claim that the inks used last for over 75 years is a claim made by the manufacturer. We cannot and do not make such a claim.
You agree to indemnify and hold the Supplier and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Supplier arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.