TERMS AND CONDITIONS
By purchasing products from “indie184.com” (website), the purchaser (customer) agrees to the following terms and conditions of sale.
1. Warranty
“The Artist” INDIE 184 DBA Eleuthera Designs hereby warrants that she created the Artworks and that the descriptions are true and accurate.
2. Copyright
All artwork is the exclusive property of INDIE 184 DBA Eleuthera Designs and is protected by The United States of America (The United States of America law of U.S. Code › Title 17 › Chapter 1 › § 106A: The Visual Artists Rights Act of 1990 (VARA)) and international copyright and trademark laws.
3. Pricing
(1) Prices shown are in American dollars. Prices may not include delivery and handling charges. Prices are subject to change.
(2) Images of products shown without any advertised price beside that image are not offered for sale.
(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(4.) Except where noted otherwise, the list price displayed for products on our website represents the full retail price listed on the product itself. Despite our best efforts, a small number of the items in our catalogue may be incorrectly priced. In the event of a discrepancy in the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We cannot confirm the price of an item until you order.
(5) We reserve the right to correct any errors published on the website.
4. Ordering
On the Customer confirming their order, the Customer agrees to purchase the products in their ‘shopping cart’ for the price and any postage and handling charges, as applicable. INDIE 184 will send the products to the Customer within 7-10 business days for stocked items after it receives payment for the products and 2-4 weeks for items that are custom made.
5. Custom commission
Works require a 20% deposit on booking & Balance due on completion (prior to shipping).
6. Shipping
The Artist will package & ship artwork (at buyer’s expense) once full payment has been received.
7. Stock availability
The Customer shall not be entitled to object if information about products on the Site is not correct or if advertised products are not available or if images of products differ from the actual products. If the Customer pays for a product that INDIE 184 cannot supply, INDIE 184 will refund the price of that product to the Customer. Please note that although we do our best to provide high quality images sometimes the colors may vary depending on your computer screen. If you have any questions about any of the artwork, please email us at indie@indie184.com
8. Products sent to incorrect address
If the Customer does not receive products it has purchased within 30 days of the date of purchase INDIE 184 shall not be liable to the Customer for those products unless the Customer notifies INDIE 184 within 30 days of the date of purchase.
If a product is not received by a Customer because it was sent by INDIE 184 to an incorrect address due to an error by INDIE 184 then INDIE 184 shall be responsible for the resending or replacement of the product or refunding of the price of the product.
If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then
(i) subject to clause 8, if the product is returned to INDIE 184, INDIE 184 will resend the product to the Customer provided that the Customer first pays the cost of postage and handling for resending; or
(ii) if the product is not returned to INDIE 184 then INDIE 184 shall have no further responsibility.
9. Non-claimed products
If products that a Customer has purchased are returned to INDIE 184 by a person other than the Customer and INDIE 184 cannot, despite reasonable efforts, contact the Customer or the Customer does not contact INDIE 184 within 3 months of products being returned to INDIE 184, then ownership of the products will revert to INDIE 184.
10. Delays
The Customer agrees not to hold INDIE 184 liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
11. Passing of risk and ownership
Subject to Clause 8, ownership of products purchased by the Customer shall pass to the Customer on INDIE 184 sending the products to the Customer.
12. Returns and Refunds
The Artist will only provide refunds where the artwork received is not as described on The Artist’s website (details as provided to The Store). Refunds or returns will not be accepted if the customer decides they do not like the artwork after it has been delivered
13. Limitation of liability
INDIE 184 shall not be liable to the Customer for refunding the price of products or replacing or exchanging products that the Customer purchases through the INDIE 184 online shop, other than as set out in these Terms & Conditions of Sale. INDIE 184 shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use, or performance of products or services that the Customer purchases through INDIE 184, even if INDIE 184 has been advised of the possibility of such damages but was accurately described and presented on your website. All returns must be received in original condition and shipping and insurance is at the expense of the purchaser.
14. Disclaimer and Indemnity
To the extent permitted by law INDIE 184 DBA Eleuthera Designs excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
a) errors, mistakes or inaccuracies on the website;
b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
c) personal injury or property damage of any kind resulting from your access or use of the website;
d) any unauthorised access to or use of the websites secure servers;
e) any interruption or cessation of transmission to or from the website;
f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
g) the quality or fitness for any purpose of any linked sites.