In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company” and “We” refers to our Company, American Authentic LLCTM, doing business as Plum MajesticTM. “Party”, “Parties”, or “Us”, refers to either or both the Client and the Company. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of the Company’s assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect to provision of the Company’s stated services and/or products, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Only authorized employees within the company and authorized service providers (such as a shipping provider), and only on a need to know basis, may use information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any unauthorized use of computer or personal information with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Our Company is protected by, and held accountable to United States federal laws, including the Privacy Protection Act of 1988, and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our artist suppliers and service providers, and if legally required to do so to the appropriate authorities. Clients have the right to request copies of any and all Client Records we keep pertaining to them as an individual Client on the proviso that we are given five (5) days’ notice of such a request. Clients are requested to retain copies of any documents issued in relation to the provision of our services. Where appropriate, we shall issue to each Client appropriate written information, electronic documentation or copies of records as part of an agreed-upon contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited (spam) mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
* excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
* excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of business or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential or incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Cash or Personal Check with Bankers Card, all major Credit/Debit Cards, Bank Draft or Wire Transfer are all acceptable methods of payment. Our Terms are payment in full upon order for all existing items. Commissioned works of art require a minimum of a 50% down payment upon order and the remaining payment prior to shipment. All goods remain the property of the Company until paid for in full. Returned checks will incur a US$40 charge to cover banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
A minimum of 24 hours notice of cancelation is required for any purchase. Notification may be in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $30 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refund Policy
Both the Client and the Company have the right to terminate any Purchase Agreement for any reason. No refunds shall be offered, where the Purchase of an Original piece of Art is deemed to have begun and is, for all intents and purposes, underway.
The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best of our ability. Goods identified on this website are available on a “first come, first served” basis.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personal identification information. Additionally, for system administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individual identification information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
No one may create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites linked to this website. Opinions expressed, or material appearing on such websites, are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of any such sites. We encourage our users when they leave our site to read the privacy statements of linked sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site before disclosing any personal information to that site. This Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s goods and services and the full content of this website. This Company’s logo is a trademark of this Company in the United States of America and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
E-mail addresses and other contact information can be found on our Contact link on our website or via Company electronic or printed literature.
This company is registered in the state of Wisconsin, United States of America. The mailing address of the Company is: 408 Eagle Bluff Drive, Hudson, Wisconsin, USA 54016-8196.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party, including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States of America govern these terms and conditions. By accessing this website and using our services and/or buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the U.S. courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and the Company. Your accessing of this website and/or undertaking of a purchase or service agreement indicates your understanding, agreement to and acceptance of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© American Authentic, LLC, 2015. All Rights Reserved