These Terms and Conditions 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 and Conditions, 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 and Conditions. 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.
These Terms and Conditions 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 and Conditions, prices, and warranties for products at any time by updating this Website. By using this Website, you agree to be bound by the Terms and Conditions in effect at the time of your use and purchase.
Items presented in the Boutique section of the Website can be purchased immediately. To purchase items from Boutique, please press the Purchase button on the item’s page and follow the check-out procedure.
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.
The Fine Arts Boutique does not post prices for items listed in our Gallery. The prices change due to fluctuations in metal and gem markets. To request price estimate, press the Request Estimate button on the desired item's page and fill out the form. For customized orders, 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.
You can also have the chosen item crafted from different metals and/or gems or request changes to an 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. A unique order guarantees that this item will never be reproduced by master artist.
The time to produce an item varies with respect to design complexity and master’s current availability.
Once you have received an estimate via email from us, follow the link to Order Form to place an order. Website login form will open up. Sign in to your account or register on our Website to place an order. On your account you will see your order as unconfirmed. You will have to confirm your order by opening, completing, and submitting Order Form.
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, wire transfers, cashier's checks, or money orders. We apologize for the inconvenience, but Fine Arts Boutique currently cannot accept credit cards.
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.
No order may be canceled or altered by you. All our sales are final and nonrefundable.
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. A new item will be crafted and shipped to you at no additional cost.
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.
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.
Fine Arts Boutique reserves the right to refuse to accept any order that we determine to be detrimental to our best interests.
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.
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.
Fine Arts Boutique warrants for a period of ten years from the date of receipt that if the gems become loose in a jewelry piece, Fine Arts Boutique will adjust the gem settings for free. 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 art pieces and engraved weaponry are NOT covered by the Fine Arts Boutique warranty.
FINE ARTS BOUTIQUE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS 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.
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. Knife honing services are available for negotiable price, and the shipping is at your expense.
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. You can order replacement piece at the same price as the original piece, regardless of how long ago it was purchased. For custom crafted pieces which cannot be reproduced directly, Fine Arts Boutique can offer crafting a similar piece.
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.
With respect to any and all breaches of these terms and conditions, 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 and Conditions 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.
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.
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.
Fine Arts Boutique shall not be liable for delay in performance of these Terms and Conditions 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.
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.
You may not assign your contractual rights under these Terms and Conditions to a third party.
The paragraph headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.