Terms and Conditions of Sale
The website www.twyla.com (the “Website”) is owned and operated by Twyla, Inc., (the “Company”, “Us” or “We”). This Terms and Conditions of Sale (the “Terms of Sale”) of the Website is entered into between the Company and any buyer or registrant of the Website (referred to as “You”, “Yourself” or “Buyer”). The Terms of Sale provide the manner in which the Company offers all artworks to You, when You place orders on the Website and it also applies to all the agreements concluded between the Company and You in relation to the artworks offered by the Company on the Website. We urge You to familiarise Yourself with the Terms of Sale from time to time, as the Company may in its sole discretion make changes to the same. Your use/access of the Website signifies Your consent to the Terms of Sale and other policies of the Company as may be applicable from time to time. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
The Company strives towards making the shopping experience on the Website memorable and convenient, for every Buyer to the greatest extent possible. You may purchase the artworks, as are provided on the Website, in accordance with the payment terms hereunder. Based on the availability of the artwork, the same shall be dispatched to You in accordance with Company’s policies.
III. Descriptions of the Artwork
The Company may also make available through the Website, the text, graphics and images of works of art. However, certain images may have small print at the bottom. Further, the Company attempts to describe the artworks offered on the Website as accurately as possible. The Company does not warrant that the artwork descriptions or other contents of the Website are 100% accurate, complete, reliable, current or error-free. Your sole recourse for any issue with the artwork received vis a vis the description provided on the Website is to return the said artwork to the Company.
IV. Cancellation of Your Order on the Website
The Company reserves the right to accept or cancel Your order at any time. In the event of a cancellation prior to the artwork being received by You and where the payment has been received by the Company, the Company shall refund the money paid by You using the same mode of payment that was used by You for ordering the artwork on the Website.
You may also place a request at email@example.com to cancel the ordered artwork if You are not satisfied with the purchase of the artwork from the Website; provided that such cancellation can only take place within thirty (30) days from the date the artwork was delivered to Your order destination. Any attempt to return the artwork thereafter shall not be entertained by the Company.
Further, all returns shall only be accepted by the Company if (a) the artwork and frame are returned in the original condition, without any damage whatsoever it was received, (b) Any bills and labels or return forms are retained on the artwork, if any, (c) the certificate of authenticity is returned in its original and unmodified form along with the returned artwork. In the event that any one or more of the aforementioned criteria are not met, the Company reserves the right to reject the cancellation request and to retain the payment towards the artwork.
Upon receipt of the returned artwork, the Company shall have, in its sole discretion, the right to decide whether the artwork is eligible for return/refund based upon the above noted return condtions. If the Company determines that is a refund may be processed, it will refund the money paid by You using the same mode of payment that was used by You for ordering the artwork on the Website.
You may purchase the artwoYou may purchase the artworks that are listed on the Website. Indicative pricing may be available on the Website, however, actual prices for artworks will be confirmed only once You place an order on the Website. You acknowledge that prices do not include shipping and handling charges or applicable taxes (defined below), if any, for which You are responsible and that will be separately identified on your receipt, when You place an order on the Website. Your sole recourse is cancellation of Your order in cases where You find that the prices stated to You are higher than You expected or listed on the Website.
You acknowledge that the Company will add taxes to the amounts charged, as a separate charge, when required or when allowed to do so under the applicable law. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any taxes. Each party will cooperateYou acknowledge that the Company will add taxes to the amounts charged, as a separate charge, when required or when allowed to do so under the applicable law. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
The Company makes no warranty regarding the quality of any works, services, content or artworks purchased or obtained through the Website or the accuracy, timeliness, completeness, or reliability of any content obtained through the Website or purchase of the artwork.
IX. Applicable Law
These Terms of Sale are governed by and construed in accordance with the laws of State of Texas without reference to its conflicts of laws rules. You agree, as We do, to submit to the exclusive jurisdiction of the courts located in Travis County, Texas to settle any dispute between Us in relation to our artworks or services.
Terms and Conditions of Use
III. Your Account
If You have not already done so, You will be required to provide an email address and password for Your account. You may not register another account with the Website, if We have already rejected an account for You or Your business. If You believe your original application was rejected in error, please contact the customer representative to review Your account at firstname.lastname@example.org. You may choose to register as an individual (sole proprietor) or as a business organization. If You use the Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. In the event that We have reason to believe that any information provided by You is inaccurate or false, We have the right to terminate Your account and withdraw Your access or use of the Website.
To improve the service that We provide to You, You may need to communicate with Us through emails or any other mode of communication. When You use the Website or send emails or other data and information, You agree and understand that You are communicating with Us through electronic records and You hereby provide your express consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email, Short Messaging Service (SMS) or by such other mode of communication, electronic or otherwise. It is important that You understand that any such mode of communication, helps Us provide You with information that We think You require from time to time such as confirmation of a purchase on the Website or knowing the status of delivery related to such purchases.
V. Your Conduct
We wish to provide You with a wonderful experience while using the Website, however it is important that You understand that We must place restrictions on the same in order to establish the same for other Users and ensure that Your conduct is not detrimental in any manner whatsoever to Us or other Users. You shall be solely responsible for the manner in which You conduct Yourself on the Website. Without limiting the generality of the list below, You shall not:
use a robot, spider or data mining or extraction tool or process to monitor, extract or copy the contents of the Website;
engage in any activity that interferes with the Website or another User's ability to use the Website;
modify, create derivative works from, reverse engineer, decompile or disassemble any technology or images used to provide the Website and the services offered on the Website;
use any meta tags, search terms, key terms, or the like that contain the Website's name or trademarks used on the Website;
attempt to impersonate any person;
reproduce, duplicate, copy, sell or otherwise exploit the Website or any product/artwork image, product/artwork listing, artwork description, price, page layout, page design, trade dress, trademark, logo or other content for any commercial purpose, except as expressly provided; or
In the event that the conduct of any other User or any content on the Website is objectionable to You, do notify Us at email@example.com We shall make attempts to address and take down, where deemed fit by the Company, such content within reasonable time. Do co-operate with Us in this regard, given the volume of content on the Website.
(a) You may view images of art on our Website. You will also be entitled to purchase any artwork based on the availability of the same as indicated on the Website. All artwork purchased will be provided to You along with a certificate of authenticity from the original creator/provider of the art work. You acknowledge that artwork is being provided without warranty in its current "AS IS" condition. COMPANY MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
(b) You acknowledge that the Website may provide links that allow You to leave the Company’s site and/or access third party websites (including but not limited to payment gateway websites) or access the Website through third party websites. The linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites or the performance or security of such other sites. The Company is not responsible for any content of or transmission to or from any linked site. The Company provides these links only as a convenience or feature, and the inclusion of any link does not imply endorsement by the Company of the site. Users access any such third-party websites at their sole risk and discretion.
VII. User Content
The Company does not regularly review the content You submit to the Website and You explicitly agree that any content You post to the Website, including but not limited to any credit card or payment related content, is being done at Your own risk. However, We reserve the right to edit or remove any content You upload or post that violates our policies or that We find objectionable for any reason. You represent and warrant that You possess all necessary rights to use the content that You submit to the Website and that use of such content does not violate our policies. By submitting content to the Website, You automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that We deem appropriate, in Our sole and exclusive discretion. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that You submit to the Website.
VIII. Intellectual Property Rights
Unless otherwise indicated, the Website and all content and other materials therein, including, without limitation, the Company’s logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of the Company or its licensors or users and are protected by U.S. and international copyright laws. The purchase of any artwork does not provide the User with any copyright interest or other intellectual property right in the artwork. The Company’s trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by the Company that appear on the Website are the property of their respective owners and may or may not be used without their prior written consent.
IX. Notice and Procedure for making claims of Intellectual Property Infringement
If you believe any material available via the Website infringes a copyright/trademark You own or control, You may file a notification of such infringement with our designated agent at firstname.lastname@example.org.
X. Intellectual Property Complaints / Compliance
Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, We will remove such actual or alleged infringing artwork(s) from the Website and/or cease sales of the artwork(s) pending Our investigation. We honour the intellectual property rights of others. If You believe that Your work has been copied or used on the Website in a way that constitutes intellectual property infringement, please notify Us by following the procedure set forth in the immediately aforementioned paragraph.
XI. Limitation of Liability
XII. Applicable Law