TERMS AND CONDITIONS
3DBOARDART and the companies in its group called Authorized Agents offer you website functions and other products and services when you visit or purchase on 3DBOARDART.COM, use 3DBOARDART products or services, use 3DBOARDART applications for mobile devices or use software Available by 3DBOARDART in relation to the above. 3DBOARDART provides its services under the conditions established on this page. 3DBOARDART is the trade name of 3DBOARDART.COM.
The user must read, understand and accept all the conditions established in the Terms and Conditions and in the Privacy Policies, as well as in the other documents incorporated into them by reference.
Please read these Terms and Conditions carefully prior to their incorporation as a user in 3DBOARDART.COM and before placing the order. By using this website or placing an order through it, you agree to be bound by these Terms and Conditions, so if you do not agree to all the Terms, you should not place an order.
These Terms and Conditions could be modified without prior notice, so you should read them before making each order.
If you have any questions related to the Terms and Conditions of purchase you can contact us through our “Contact Form” located on our website
The operation of 3DBOARDART.COM is located in the United States of America by the company Over The Globe LLC.
USE OF THE 3D BOARDART WEBSITE
These conditions are important both to you and to us as they have been designed to create a legally binding agreement between us protecting your rights as a customer and our rights as a company. You declare that, upon placing your order, you have read and accept without reservation these Terms and Conditions. If you do not accept these Terms and Conditions, which are binding and binding, you must refrain from using the Site and/or services and from making any purchase.
By using the site, you agree that:
You may only use the website to perform legally valid queries or requests.
You can not make any speculative, false or fraudulent orders. If we have reasonable grounds to believe that such a request has been made, it will be immediately canceled and we will inform the relevant authorities.
You also agree to provide us with a correct and correct email address, postal address and/or mailing address, telephone number, as well as other contact details and consent that we may use this information to dispatch your order through a Shipping company or to contact you if necessary.
If you do not provide us with all the required information, we will not be able to process your order.
The Services are only available to persons who have the legal capacity to hire. By placing an order on this Website You guarantee that you are over 18 years of age and have the legal capacity to enter into binding contracts. If you are acting as a Company, you certify that you have the ability to contract on behalf of such entity and to bind it to the terms of this Agreement.
AVAILABILITY OF SERVICE
The articles offered through this website will be available according to the country/region where they are distributed, and, in turn, according to the quantities available reflected in them.
TERMS OF SALE
This information and the details contained in this website do not constitute an offer to sell, but an invitation to do business. It is clear that there will be no contract between you and us in relation to any product until your order has been expressly accepted by us (even if the charge had already been made to your account). If your offer is not accepted and a charge has already been made to your account, you will be refunded the amount in full.
To place an order, you must follow all the steps of purchase online and click the “Authorize payment” button. After this, you will receive an email acknowledging receipt of your order (“Confirmation of Order”). This does not mean that your order has been accepted since it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance and we will confirm such acceptance by sending you an email confirming that the product is being shipped (Acceptance and Shipment Confirmation). The contract for the purchase of a product between us (Contract) will be formalized only when we send the Confirmation of Acceptance and Shipment.
Only the products listed in the Acceptance and Shipment Confirmation will be the object of the Contract. We will not be obliged to supply you with any other product that may have been ordered until we confirm the sending of the same in an Acceptance Confirmation and Independent Shipment
AVAILABILITY OF PRODUCTS
All product orders are subject to availability. In this regard, if there are difficulties in supply or if there are no items remaining in stock, we reserve the right to provide you with information about substitute products of the same or higher quality that you can order. If you do not wish to place an order for these substitute products, we will reimburse you for any amounts you may have paid.
NEGATIVE TO PROCESS AN ORDER
We reserve the right to withdraw any Product from this website at any time and/or to remove or modify any material or content thereof. Although we will always do our best to process all orders, there may be exceptional circumstances that require us to refuse the processing of an order after we have sent the Order Confirmation, and we reserve the right to do so at any time, in our sole discretion.
We will not be liable to You or any third party for the removal of any product from this website, regardless of whether said product has been sold or not, remove or modify any material or content on the website, or refuse to To process an order once we have sent the Order Confirmation.
If you are contracting as a consumer, you may withdraw from the Contract only in case the products received suffer from a manufacturing defect or a defect. In this case, you will be reimbursed the price paid for such products in accordance with our Return Policy.
Your right to withdraw from the Contract will also be subject only to those defective or defective products that are returned under the same conditions in which you received them. It should also include all the original instructions, documents and packaging of the products. No refund will be made if the product has been used or if it has suffered any damage, misuse, poor washing or bad handling of it; So you should be careful with the product (s) while in your possession.
Please treat the products with reasonable care while in your possession and keep, if possible, the original boxes and wrappings for the return case.
RETURNS OF DEFECTIVE PRODUCTS
Retail: If you receive a defective product, you must contact the authorized point of sale where you made the purchase immediately within a period of no more than (10) business days from the date of invoicing of the product (s).
Wholesale: If you receive a product with a manufacturing defect, you must contact us immediately within a period of no more than 10 business days from the date of receipt of the product (s). It should be communicated through the email email@example.com or our Contact section on the website, informing in any case, the data of the purchase, the data of the product as well as the damage that suffers.
You must return the product to the address indicated and only use the services of the shipping company selected by us.
We will carefully review the returned product and will notify you by e-mail within a reasonable time if the return or replacement (if applicable) is necessary. The return or substitution of the article will be made as soon as possible through an email confirming that the return or replacement of the defective article is necessary. Only the return or substitution of the product will be made when it is verified that the article presents manufacturing defect. In the contrary home, no refund will be made, the returned products will be available to the Buyer, the latter having to pay the shipping costs again.
The amounts paid for products with a defect, when it actually exists, will be fully refunded, including the delivery costs incurred to deliver the item and the costs that you incurred to return it through the shipping company indicated by us. The refund will be made on the same credit card that was used to pay the purchase.
DELIVERY OF PRODUCT.
Notwithstanding the foregoing and unless extraordinary circumstances occur, we will attempt to send the order of the product / s, within a period of no more than 15 working days from the date of the Order Confirmation. Possible delays may be due inter alia to unforeseen circumstances or distances in the delivery area.
If for some reason, we cannot meet the delivery date, we will inform you of this inconvenience and we will give you the option to go ahead with the purchase by setting a new delivery date or cancel the order with the full refund of the price paid. For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the products / s have been “delivered” at the time of signing the receipt of the products at the agreed delivery address.
IMPOSSIBILITY OF DELIVERY
If it is impossible for the shipping company to make the delivery, it will try to contact you / the phones you supply. Please note that the storage and reshipment of your product (s) may have an additional cost, which you must cover.
TRANSMISSION OF RISK AND OWNERSHIP
The risks of the Products will be in charge from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery (as defined in clause 9) Took place at a later time.
The price of the products will be that stipulated in each moment on our website, except in the case of manifest error. Although we try to make sure that all prices listed on the page are correct, errors may occur. If we discover an error in the price of the products that you have ordered, we will inform you as soon as possible and we will give you the option to reconfirm your order at the correct price or cancel it. If we fail to contact you, the order will be considered canceled and will be fully refunded the amounts that have been paid.
Prices on the website exclude shipping costs, which will be added to the total amount due.
Prices may change at any time, but (except as stated above) any changes will not affect orders with respect to which we have already sent you a Shipment Confirmation.
Once you have selected your items, they will have been added to your shopping cart. You can display your shopping cart at any time, and modify the selected quantities, by clicking on the “Shopping Cart” button at the top of the page. Once you are sure of your order, the next step will be to process the order and make the payment.
To do it:
1. Click the “Process Purchase” button.
2. Register and Fill in (new user) or check (registered user) the contact information, the data of your order, the address to which you want the order to be sent and the billing address of your credit card.
3. Click “Process Purchase”, Verify the order and the delivery data. If you agree to the order, press “E-PAYMENTS” otherwise select “MODIFY ORDER”.
4. You can make payment with Visa, MasterCard, American Express. We use the PAY DOLLAR e-payment platform to ensure that payment is made securely for both you and us. If you wish to pay otherwise, you may contact us through our “Contact Us”
5. Enter your credit card information. By clicking on “Confirm Order”, you are confirming that the credit card is yours.
Credit cards will be subject to checks and authorizations by the issuing entity, the PAY DOLLAR e-payments platform issues a pre-authorization, which must be approved later. But if that entity does not authorize the payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with you.
LIABILITY AND DISCLAIMER
Our responsibility in relation to any Product purchased on our website or website will be strictly limited to the purchase price of said Product.
Nothing in these Conditions of Purchase shall exclude or limit our liability in any way:
• In case of death or personal injury caused by our negligence;
• In case of fraud or fraudulent falsehood; or
• In any matter in which it is illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the provisions of the preceding paragraph and to the extent permitted by law, and unless otherwise provided in these Conditions, we will not accept any liability for indirect damages that occur as a side effect of losses or (Including negligence), breach of contract or otherwise, even if they could have been foreseen, including but not limited to the following:
• Loss of income or sales;
• Loss of business;
• Loss of profits or loss of contracts
• Loss of anticipated savings;
• Data loss;
• Loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is established Expressly the opposite in it.
All descriptions of products, information, and materials on this website are provided “as is” and without the express, implied or otherwise warranted warranties.
To the extent possible under the law, we exclude all warranties, leaving out those guarantees that cannot be legitimately excluded from consumers.
The products made with raw material of vegetal origin can often present the characteristics of the natural materials that are used in its manufacture. These characteristics such as variation in streaks, texture, knots and color, as well as small variations in the measurements provided, will not be considered defects. On the contrary, their presence should be appreciated and appreciated. We only select products of the highest quality, but the natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.
You acknowledge and agree that all copyright, trademark, and other intellectual property rights in the materials or contents that are contributed as part of the website correspond at all times to us or to those who granted us license to use. You may use such material only in the manner expressly authorized by us or licensed to us.
The Site may contain links to other websites which does not indicate that they are owned or operated by 3D BOARDART. Since 3D BOARDART has no control over such sites, it will NOT be responsible for the content, materials, actions and/or services provided by them, nor for damages or losses caused by the use of them, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, support of 3D BOARDART to such sites and their content
The applicable regulations require that much of the information or communications we send you are in writing. By using this website, you agree that most of the communications with us are electronic. We will contact you by e-mail or we will provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notice, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send us should be sent preferably through our contact form. In accordance with the provisions of the previous clause and unless otherwise stated, we may send communications either to the e-mail or to the postal address provided by You at the time of placing an order. It will be understood that notices have been received and have been correctly made the moment they are posted on our website, twenty-four (24) hours after an email has been sent, or three (3) days after the date of Postage of certified letter. In order to prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was properly delivered by mail or in a mailbox and, in the case of an email, That it was sent to the email address specified by the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between You and us is binding for both you and us, as well as for our respective successors, assigns, and assignees. You may not transfer, assign, encumber or otherwise transfer a Contract or any rights or obligations arising therefrom in your favor or for You, without obtaining our prior written consent.
We may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any rights or obligations arising therefrom in our favor or for us, at any time during the term of the Agreement. For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect your rights as consumers recognized by law or will cancel, reduce or otherwise limit the express or implied warranties that we may have granted.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any breach or delay in performance of any of the obligations we assume under a Contract, the cause of which is due to events beyond our reasonable control (“Major Cause”).
The events of Major Cause shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and shall include the following: Strikes, lockouts, or other claims. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or war preparations. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster. Inability to use trains, ships, airplanes, motor transports or other means of transport, public or private. Inability to use public or private telecommunication systems. Acts, decrees, legislation, regulations or restrictions of other governments. Strikes, failures or accidents of maritime or fluvial transport, postal or any other type of transport.
It will be understood that our obligation to comply under any Contract will be suspended during the period in which the Major Cause continues, and we will have an extension of the term to fulfill our obligation during that period. We will use all reasonable means to terminate the Major Cause or to find a solution by which we may perform our obligations under the Contract in spite of the Major Cause.
If during the term of a Contract, we cease to insist on strict compliance with any of the obligations assumed under it or any of these Terms and Conditions, or if we cease to exercise any of the rights or remedies that we are entitled to Exercise or file under such Contract or these Terms and Conditions, such fact shall not constitute a waiver of such rights or remedies or exempt You from complying with such obligations.
The waivers we make to enforce compliance shall not constitute a waiver by us to require further compliance.
No waiver by us of any of these Terms and Conditions will take effect unless expressly stated that it is a waiver and is communicated to you in writing in accordance with the provisions of the section of Notifications above.
If any of these Terms and Conditions or any provision of a Contract are found to be invalid, unlawful or unenforceable to any extent by the competent authority, they shall be severed from the remaining Terms, Conditions and Provisions which shall remain valid to the extent that Allow the law.
INTEGRITY OF THE CONTRACT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between You and us in relation to the subject matter of the Agreement and supersede any other agreement, agreement or promise entered into between You and us verbally Or in writing. You and we acknowledge that you have agreed to enter into this Agreement without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two prior to such Contract, Mentioned in these Terms and Conditions.
Neither You nor we will have remedies against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such a statement was made uncertain fraudulently) and the only recourse available to the Other part will be for breach of contract in accordance with the provisions of these Terms and Conditions.
OUR RIGHT TO MODIFY TERMS AND CONDITIONS
We have the right to review and modify these Terms and Conditions at any time. You will be subject to the policies and Conditions in force at the time you make each order unless by law or decision of governmental agencies we must make changes in said policies, Terms, and Conditions or Privacy Statement, in which case, any changes will affect Also to orders that you had previously made.
APPLICABLE LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by the laws of the United States of America, through the company OVER THE GLOBE LLC.
Any dispute arising out of or in connection with this agreement, its existence, validity, interpretation, scope or performance shall be subject to applicable laws and the relevant courts in Miami-Dade County, Florida, and the procedures will be conducted in English and Spanish, according to the case.