Terms of Use

These Terms of Use shall ap­ply to all use of the Fine Arts Boutique, LLC's web­site, www.fin­earts­boutique.com (the "Web­site") and pur­chase of products through this Web­site. In these Terms of Use, “we,” “us,” or “our” shall mean Fine Arts Boutique, LLC (Fine Arts Boutique), and “you” or “your” shall mean user of this Web­site or the pur­chaser of the products through this Web­site.

By your use of the Web­site or pur­chase of products through the Web­site, you agree to these Terms of Use. Please read them care­fully. By us­ing the Web­site or pur­chas­ing products through the Web­site, you agree that all agree­ments, no­tices, dis­clos­ures and oth­er com­mu­nic­a­tions that Fine Arts Boutique provides to you elec­tron­ic­ally sat­is­fy any leg­al re­quire­ments that such agree­ments, no­tices, dis­clos­ures and oth­er com­mu­nic­a­tions be in writ­ing.

1. Gov­ern­ing Pro­vi­sions. These Terms of Use shall con­sti­tute the en­tire agree­ment with re­gard to your use of the Web­site and to the products or ser­vices (“Goods”) sold by the Fine Arts Boutique to you, and shall be gov­erned by and shall be con­strued ac­cord­ing to the in­tern­al laws of the state of Wis­con­sin. Any con­flict­ing, con­trary or ad­di­tion­al terms and con­di­tions con­tained in any pur­chase or­der or oth­er com­mu­nic­a­tion from you shall be of no force and ef­fect. Neither the Fine Arts Boutique’s ac­know­ledg­ment of a par­tic­u­lar pur­chase or­der or oth­er com­mu­nic­a­tions from you nor our fail­ure to ob­ject to con­flict­ing, con­trary or ad­di­tion­al terms and con­di­tions in a pur­chase or­der or oth­er com­mu­nic­a­tions from you shall be deemed an ac­cept­ance of such terms and con­di­tions or a waiver of any of the pro­vi­sions here­of.

Fine Arts Boutique at­tempts to post ac­cur­ate in­form­a­tion, but er­rors may some­times oc­cur. Any such er­rors in product spe­cific­a­tions, de­scrip­tions, and pri­cing will be cor­rec­ted when dis­covered, and Fine Arts Boutique re­serves the right to re­voke any stated of­fer and to cor­rect any er­rors, in­ac­curacies or omis­sions, in­clud­ing after an or­der has been sub­mit­ted. If an er­ror in pri­cing is dis­covered after your or­der has been sub­mit­ted, the Fine Arts Boutique will in­form you of the er­ror at which time you may can­cel or re­af­firm your or­der at your op­tion.

Fine Arts Boutique re­serves the right to make changes to these Terms of Use, prices, and war­ranties for products at any time by up­dat­ing this Web­site. By us­ing this Web­site, you agree to be bound by the Terms of Use in ef­fect at the time of your use and pur­chase.

2. Or­der From Boutique. Items presen­ted in the Boutique sec­tion of the Web­site can be pur­chased im­me­di­ately and are sold on as is bases. To pur­chase items from Boutique, please press the “Ask Ques­tion” but­ton on the item’s de­scrip­tion page and we will guide you through our check-out pro­ced­ure.

3. Or­der From Gal­lery. All items presen­ted in the Gal­lery sec­tion of the Web­site are cus­tom craf­ted. Some pieces can be re­pro­duced, and oth­ers can be craf­ted to vari­ous de­grees of sim­il­ar­ity. The sim­il­ar­ity of­ten de­pends on the ma­ter­i­als, such as unique shape or col­or of gems. The com­plex­ity of the design can also make it dif­fi­cult for ex­act re­pro­duc­tion. However, it might be pos­sible to or­der a sim­il­ar item.

Many of our items can be craf­ted from dif­fer­ent metals and/or gems or with al­tern­a­tions to the ori­gin­al item’s design. If you spe­cify the de­sired ma­ter­i­als, Fine Arts Boutique will let you know wheth­er it is achiev­able. If it is not achiev­able, Fine Arts Boutique can re­com­mend an al­tern­at­ive. Fine Arts Boutique al­ways will provide a sketch for or­ders that in­volve design modi­fic­a­tions. You will be re­quired to re­view and ap­prove any design modi­fic­a­tions pri­or to pla­cing the or­der.

You can also provide us with your own design idea (sketch or pic­ture) and or­der a unique piece from one of our mas­ters. The time to pro­duce an item var­ies with re­spect to design com­plex­ity and mas­ter’s cur­rent avail­ab­il­ity.

4. Prices and Pay­ment. All the prices pos­ted on the web­site are for the items ordered ac­cord­ing to their de­scribed spe­cific­a­tions and ma­ter­i­als. The prices might change if there are al­tern­a­tions in the ma­ter­i­als and/or design of an item. For cus­tom­ized and cus­tom or­ders, please de­scribe your spe­cif­ic re­quest. Fine Arts Boutique will send an es­tim­ate to your e-mail ad­dress. Es­tim­ates are val­id for 10 busi­ness days only. If you wish to place an or­der at a later date, please re­quest a new es­tim­ate. Once you are ready to place your or­der, we will guide you through our or­der­ing pro­ced­ure.

After sub­mit­ting the Or­der Form and fol­low­ing the check-out pro­ced­ure, you will re­ceive con­firm­a­tion mes­sage with or­der de­tails and pay­ment in­struc­tions. You will be asked to pay the spe­cified amount in full. Any tax, duty, cus­tom, or any oth­er tax, fee or charge of any nature what­so­ever im­posed by any gov­ern­ment­al au­thor­ity on the trans­ac­tion, and you shall be ad­ded to your fi­nal bill. Pay­ments are ac­cep­ted as per­son­al checks, cred­it card pay­ments, PayP­al trans­fers, Google trans­fers, wire trans­fers, cash­ier's checks, or money or­ders.

5. Com­ple­tion of a Pur­chase. Any or­ders placed by you on this Web­site con­sti­tute a bind­ing of­fer by you to con­clude a pur­chase with Fine Arts Boutique. The bind­ing pur­chase agree­ment comes in­to ex­ist­ence only when Fine Arts Boutique ac­cepts your or­der on the Web­site by send­ing you an e-mail or writ­ten com­mu­nic­a­tion with or­der de­tails and pay­ment in­struc­tions.

6. Can­cel­la­tion. No gal­lery or­der, wheth­er cus­tom­ized or not, can be can­celed or altered by you. All gal­lery or­ders are fi­nal and non­re­fund­able. Avail­able for sale items pur­chased from the boutique can be re­turned with­in sev­en busi­ness days after the date of re­ceiv­ing the items. Please con­tact us if you wish to re­turn the ready item pur­chased from the boutique. We will as­sign a re­turn num­ber to your or­der and send you the item re­turn form. You will have to ac­cept the terms, sign the form, and send it back to us with the item. The ship­ping of the re­turned item is at cus­tom­er's ex­pense. We will ex­am­ine the item's con­di­tion and en­sure that it is un­dam­aged. A re­stock­ing fee of 10% is ap­plic­able to all the re­turns and will be sub­trac­ted from your re­fund.

7. De­liv­ery. The products ordered by you will be de­livered to the ad­dress entered by you through a de­liv­ery ser­vice se­lec­ted by Fine Arts Boutique. When the or­der is ready and shipped, we will no­ti­fy you and send you a track­ing num­ber. Your sig­na­ture upon re­ceipt is re­quired. An au­then­ti­city cer­ti­fic­ate and care guide will be provided with each item.

Claims for dam­age or er­rors in de­liv­ery must be made in writ­ing to Fine Arts Boutique with­in 5 days after re­ceipt of ship­ment. Fail­ure to give such no­tice shall con­sti­tute un­qual­i­fied ac­cept­ance and a waiver of all such claims by you. Fine Arts Boutique will provide you a re­turn au­thor­iz­a­tion code and a ship­ping la­bel. Please re­turn your dam­aged item with its ori­gin­al pack­aging. The item must be in un­worn/un­used con­di­tion. Used items will not be ac­cep­ted.

8. Sales to Leg­al Pur­chasers. Fine Arts Boutique only sells products to adults who can leg­ally pur­chase its products. By pur­chas­ing a product us­ing this Web­site, you rep­res­ent to the Fine Arts Boutique that you are an adult over the age of eight­een (or over the age of twenty-one in the event of the pur­chase of en­grav­ing ser­vices for hand­guns) and that you are leg­ally au­thor­ized to make the pur­chase. When you use this Web­site, you are re­spons­ible for main­tain­ing the con­fid­en­ti­al­ity of your ac­cess in­form­a­tion and for re­strict­ing ac­cess to your com­puter. You agree to ac­cept re­spons­ib­il­ity for all activ­it­ies that oc­cur on your com­puter re­lat­ing to any use of the Web­site or any pur­chase of Fine Arts Boutique's products through your com­puter.

9. U.N. Con­ven­tion. The rights and du­ties of the parties here­un­der shall not be gov­erned by the pro­vi­sions of the United Na­tions Con­ven­tion on con­tracts for the in­ter­na­tion­al sales of goods.

10. Right to Re­fuse Or­der. Fine Arts Boutique re­serves the right to re­fuse to ac­cept any or­der that we de­term­ine to be det­ri­ment­al to our best in­terests.

11. Goods De­scrip­tions and Lit­er­at­ure. Any de­scrip­tion of the Goods, wheth­er made in writ­ing or or­ally by Fine Arts Boutique or our agents, or in spe­cific­a­tions, samples, mod­els, bul­let­ins, draw­ings, dia­grams, cata­logs, product bro­chures, pho­to­graphs and oth­er il­lus­tra­tions or sim­il­ar ma­ter­i­als used in con­nec­tion with your or­der, are for the sole pur­pose of identi­fy­ing the Goods and shall not be con­strued as an ex­press war­ranty and shall not form part of the terms of the trans­ac­tion between the Fine Arts Boutique and you. Any sug­ges­tions by the Fine Arts Boutique or our agents re­gard­ing use, ap­plic­a­tion or suit­ab­il­ity of the Goods shall not be con­strued as an ex­press war­ranty un­less con­firmed to be such in writ­ing by the Fine Arts Boutique.

12. Changes. Fine Arts Boutique may at any time make such changes in design and con­struc­tion of the Goods as we deem ap­pro­pri­ate without no­tice to you. Fine Arts Boutique may fur­nish suit­able sub­sti­tutes for ma­ter­i­als un­ob­tain­able be­cause of the non-avail­ab­il­ity of ma­ter­i­als from sup­pli­ers.

13. Lim­ited War­ranty. Fine Arts Boutique war­rants the qual­ity of crafts­man­ship for a peri­od of ten years from the date of re­ceipt. If a gem­stone be­comes loose in its set­ting, or if a knife's blade be­comes blunt from nor­mal use, we will ser­vice your item, re­store it to ori­gin­al con­di­tion, and re­turn it back to you at no ad­di­tion­al cost. This war­ranty does not cov­er ac­tu­al lost gems or dam­ages res­ul­ted from im­prop­er use or care, in­clud­ing but not lim­ited to, bend­ing, scratch­ing, break­age, or ex­pos­ure to cor­ros­ive ma­ter­i­als, such as per­fume, hair spray, chlor­ide, or acid. This war­ranty is only ex­ten­ded to you, as the ori­gin­al pur­chaser of the products, and not to any sub­sequent own­er of the products.

FINE ARTS BOUTIQUE HEREBY DIS­CLAIMS ALL OTH­ER WAR­RANTIES, EX­PRESSED OR IM­PLIED, IN­CLUD­ING, WITHOUT LIM­IT­A­TION, IM­PLIED WAR­RANTIES OF MER­CHANT­AB­IL­ITY AND FIT­NESS FOR A PAR­TIC­U­LAR PUR­POSE OR USE. THIS WAR­RANTY REP­RES­ENTS FINE ARTS BOUTIQUE'S EN­TIRE LI­AB­IL­ITY AND YOUR EX­CLUS­IVE REM­EDY FOR DE­FECTS IN MA­TER­I­ALS AND WORK­MAN­SHIP. FINE ARTS BOUTIQUE WILL NOT BE LI­ABLE FOR ANY DAM­AGES OF ANY KIND ARISING FROM THE USE OF THESE PRODUCTS, IN­CLUD­ING, WITHOUT LIM­IT­A­TION, DIR­ECT, IN­DIR­ECT, IN­CID­ENT­AL, PUN­IT­IVE, AND CON­SEQUEN­TIAL DAM­AGES.

The ex­clu­sion or the lim­it­a­tion of li­ab­il­ity for dam­ages ac­cord­ing to the above para­graphs also ap­plies to po­ten­tial claims against em­ploy­ees or au­thor­ized rep­res­ent­at­ives of Fine Arts Boutique.

14. Clean­ing and Care. Each item ordered from Fine Arts Boutique comes with spe­cif­ic care, clean­ing, and stor­age in­struc­tions. Fol­low­ing these routine main­ten­ance in­struc­tions will help pre­serving the ori­gin­al con­di­tion of your piece. Also, our team will be glad to an­swer any ad­di­tion­al care re­lated ques­tions you may have. If more thor­ough clean­ing is re­quired, the Fine Arts Boutique provides free jew­elry clean­ing ser­vices for jew­elry items pur­chased on our Web­site (of­fer is lim­ited to one free clean­ing a year), and ship­ping is at your ex­pense. Clean­ing ser­vice will not cov­er any re­pairs and will not guar­an­tee res­tor­a­tion of ori­gin­al col­or of metals and gems. The ship­ping of the item is at your ex­pense.

15. Re­pair Policy. If you ac­ci­dent­ally dam­age your piece, you are al­ways wel­come to con­tact us and check wheth­er it is pos­sible to re­pair it. The re­pair cost will de­pend on the amount of work re­quired for restor­ing the item's ori­gin­al con­di­tion. If the dam­age is too severe, Fine Arts Boutique might sug­gest a full re­place­ment. For cus­tom craf­ted pieces which can­not be re­pro­duced dir­ectly, Fine Arts Boutique can of­fer craft­ing a sim­il­ar piece.

16. Pat­ents, Trade­marks, and Copy­rights. If Fine Arts Boutique man­u­fac­tures Goods in ac­cord­ance with draw­ings, designs or spe­cific­a­tions pro­posed or fur­nished by you, or if any claim of con­trib­ut­ory in­fringe­ment res­ults from the use or re­sale by you of such Goods, Fine Arts Boutique shall not be li­able, and you shall in­dem­ni­fy Fine Arts Boutique and hold Fine Arts Boutique harm­less from and against any and all loss, li­ab­il­ity, dam­age, claim or ex­pense (in­clud­ing but not lim­ited to Fine Arts Boutique’s reas­on­able at­tor­neys’ fees and oth­er costs of de­fense) in­curred by Fine Arts Boutique as a res­ult of any claim of pat­ent, trade­mark, copy­right or trade secret in­fringe­ments, or in­fringe­ments of any oth­er pro­pri­et­ary rights of third parties.

Con­tent in­cluded on or com­pris­ing the Web­site, in­clud­ing in­form­a­tion, data, soft­ware, pho­to­graphs, graphs, videos, typefaces, graph­ics, mu­sic, sounds and oth­er ma­ter­i­al (col­lect­ively "Con­tent") are pro­tec­ted by copy­rights, trade­marks, pat­ent or oth­er pro­pri­et­ary rights. All Con­tent is copy­righted as a col­lect­ive work un­der the U.S. copy­right laws and Fine Arts Boutique owns, to the fullest ex­tent al­lowed by such laws, the copy­right in the se­lec­tion, co­ordin­a­tion, ar­range­ment and en­hance­ment of such con­tent. Ex­cept as ex­pressly au­thor­ized or li­censed, you may not copy, modi­fy, re­move, de­lete, aug­ment, add to, pub­lish, trans­mit, par­ti­cip­ate in the trans­fer or sale, lease or rent­al of, cre­ate de­riv­at­ive works from or in any way ex­ploit any of the con­tent, in whole or in part.

17. Ex­clu­sion of Con­sequen­tial Dam­ages and Dis­claim­er of Li­ab­il­ity; Your In­dem­nity. With re­spect to any and all breaches of these Terms of Use, Fine Arts Boutique’s li­ab­il­ity shall in no event ex­ceed the con­tract or sales price for the Goods pur­chased by or ser­vices rendered by you.

FINE ARTS BOUTIQUE SHALL NOT BE SUB­JECT TO AND DIS­CLAIMS: (1) ANY OTH­ER OB­LIG­A­TIONS OR LI­AB­IL­IT­IES ARISING OUT OF BREACH OF CON­TRACT OR OF WAR­RANTY, (2) ANY OB­LIG­A­TIONS WHAT­SO­EVER ARISING FROM TORT CLAIMS (IN­CLUD­ING NEG­LI­GENCE AND STRICT LI­AB­IL­ITY) OR ARISING UN­DER OTH­ER THE­OR­IES OF LAW WITH RE­SPECT TO GOODS SOLD OR SER­VICES RENDERED BY FINE ARTS BOUTIQUE, OR ANY UN­DER­TAK­INGS, ACTS OR OMIS­SIONS RE­LAT­ING THERETO, AND (3) ALL CON­SEQUEN­TIAL, IN­CID­ENT­AL AND CON­TIN­GENT DAM­AGES WHAT­SO­EVER.

Without lim­it­ing the gen­er­al­ity of the fore­go­ing, Fine Arts Boutique spe­cific­ally dis­claims any li­ab­il­ity for pen­al­ties (in­clud­ing ad­min­is­trat­ive pen­al­ties), spe­cial or pun­it­ive dam­ages, dam­ages for lost profits or rev­en­ues, loss of use of Goods or any as­so­ci­ated equip­ment, cost of cap­it­al, fa­cil­it­ies or ser­vices, down­time, shut-down or slow­down costs, spoil­age of ma­ter­i­al, or for any oth­er types of eco­nom­ic loss. All the lim­it­a­tions and dis­claim­ers con­tained in this para­graph and in the rest of these Terms of Use shall ap­ply to claims of your cus­tom­ers or any third party as­ser­ted by you against Fine Arts Boutique for in­dem­nity or con­tri­bu­tion, as well as dir­ect claims of you against Fine Arts Boutique. You shall in­dem­ni­fy Fine Arts Boutique against any and all losses, li­ab­il­it­ies, dam­ages and ex­penses (in­clud­ing, without lim­it­a­tion, at­tor­neys’ fees and oth­er costs of de­fend­ing any ac­tion) that Fine Arts Boutique may in­cur as a res­ult of any claim by you or oth­ers arising out of or in con­nec­tion with your use of the Goods and/or re­lated products or ser­vices sold here­un­der and based on the Goods or product or ser­vice de­fects not proven to have been caused solely by Fine Arts Boutique’s neg­li­gence.

18. Dis­claim­ers and lim­it­a­tions of li­ab­il­ity re­lat­ing to use of the Web­site. The Web­site is provided on an "AS IS," "as avail­able" basis. Neither the Fine Arts Boutique nor our af­fil­i­ates, sub­si­di­ar­ies, or de­sign­ees nor each of their re­spect­ive of­ficers, dir­ect­ors, em­ploy­ees, agents, third-party con­tent pro­viders, de­sign­ers, con­tract­ors, dis­trib­ut­ors, mer­chants, spon­sors, li­censors, or the like (col­lect­ively "Af­fil­i­ates") war­rant that use of the Web­site will be un­in­ter­rup­ted or er­ror-free. Neither the Fine Arts Boutique nor our Af­fil­i­ates war­rant the ac­cur­acy, in­teg­rity or com­plete­ness of the con­tent provided on the Web­site. You ex­pressly agree that use of the Web­site is at your sole risk.

You agree that un­der no cir­cum­stances shall the Fine Arts Boutique or our Af­fil­i­ates be li­able for any dir­ect, in­dir­ect, in­cid­ent­al, spe­cial or con­sequen­tial dam­ages that res­ult from the use of or in­ab­il­ity to use the Web­site, in­clud­ing but not lim­ited to re­li­ance by a user on any in­form­a­tion ob­tained on the Web­site or that res­ult from mis­takes, omis­sions, in­ter­rup­tions, de­le­tion of files or e-mail er­rors, de­fects, vir­uses, delays in op­er­a­tion or trans­mis­sion, or any fail­ure of per­form­ance, wheth­er or not res­ult­ing from acts of God, com­mu­nic­a­tions fail­ure, theft, de­struc­tion or un­au­thor­ized ac­cess to Fine Arts Boutique re­cords, pro­grams or ser­vices. The fore­go­ing lim­it­a­tion of li­ab­il­ity shall ap­ply wheth­er in an ac­tion of con­tract, neg­li­gence or oth­er tort.

19. Dis­claim­er re­gard­ing knives. The knives sold by Fine Arts Boutique are ex­tremely sharp tools and po­ten­tially dan­ger­ous. The knives should only be used with the ut­most care and cau­tion. Fine Arts Boutique can­not be held re­spons­ible for any pos­sible dam­ages. You ex­pressly agree that use of the knives sold by the Fine Arts Boutique is at your sole risk.

20. Force Ma­jeure. Fine Arts Boutique shall not be li­able for delay in per­form­ance of these Terms of Use when caused by a state of emer­gency, fire, flood or oth­er cas­u­alty, gov­ern­ment­al reg­u­la­tions, strikes, lock­outs, labor dis­putes, ac­ci­dent, delays in trans­port­a­tion of work­ers or ma­ter­i­als, or any cause or con­di­tion bey­ond the con­trol of the Fine Arts Boutique.

21. Sev­er­ab­il­ity. If any pro­vi­sions of these terms and con­di­tions of sale shall be deemed il­leg­al or un­en­force­able, such il­leg­al­ity or un­en­force­ab­il­ity shall not af­fect the valid­ity and en­force­ab­il­ity of any leg­al and en­force­able pro­vi­sion here­of, which shall be con­strued as if such il­leg­al and un­en­force­able pro­vi­sion(s) had not been in­ser­ted herein.

22. As­sign­ment. You may not as­sign your con­trac­tu­al rights un­der these Terms of Use to a third party.

23. Head­ings. The para­graph head­ings used in these Terms of Use are for con­veni­ence only and do not form a part of these Terms of Use and no con­struc­tion or in­fer­ence shall be de­rived from them.

If you have any ques­tions or con­cerns about these terms, please contact Fine Arts Boutique.