Obey the Rules:
The Rules, better known as Terms of Service (“Agreement”) set forth and administer Your, You the Client’s (the “Retailer’s”) use of the website – wholesaleart.com (“We”) (“Us”) (“Site”) and govern the services set forth on the Site (“Service”) –
To make a long story short – The complete Terms of Service provided is based on your use of wholesaleart.com and ordering goods from wholesaleart.com. If you do not agree to the following terms, please do not use wholesaleart.com.
The website wholesaleart.com is owned and operated by Point Two Design Group Inc. and will hereto on be referred to as Point Two Design Group.
TERMS OF SERVICE:
Please take a few minutes to review the below Terms of Service. Your use of wholesaleart.com (our “Website”) and/or our mobile application(s) (if applicable) constitutes your understanding and agreement to follow the Terms of Service and to be bound by them. These Terms of Service applies to your access and use of the Website and our Mobile application(s). By accessing and your use of the Point Two Design Group Internet Website, this implies your unrestricted acknowledgment of these Terms of Service. We reserve the right, in our sole discretion to modify and or update these “Terms of Service”. By continuing to use the Website following the updating and posting of any changes to the Terms of Service establishes a firm agreement of those modifications.
This Website and our mobile application(s) if applicable, and all Content available on this Website, our mobile applications, or both, are provided on an “as-is” and “as-available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose. You acknowledge, by your use of this Website or our mobile applications, as applicable, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use and that your use is at your sole risk, and that Point Two Design Group shall not be liable for any damages of any kind related to your use of this Website and/or our mobile applications. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages.
Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent, we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Things you should do:
- Provide a valid email address, Username and Password
- Cancel your account by emailing us at: firstname.lastname@example.org
- Opt-out of email promotions if you do not want to receive them
- Account for any activity that occurs on your account
- Keep login credentials in a safe place so you don’t lose them
- Notify us if your account gets hacked. (If you account is hacked because you fell asleep at the wheel, you may be liable.)
- Be at least 18 years of age. If you are a company (i.e., LLC or Corporation) the account holder should be at least 18 years of age.
- Take full responsibility for use of our service.
- Upload correct design files to ensure the accuracy of your content.
- Void where prohibited.
- Accept all risks associated with the use of any Content, including any need for accuracy, or usefulness of such Content. With that being said, you understand that you may not rely on the final design/content created by Point Two Design Group.
Things you shouldn’t do:
- Collect or harvest information regarding other Retailers of the Website
- Send unsolicited e-mail communication to any other Retailer at anytime
- Use another Point Two Design Group account without prior approval
- Impersonate any other person including but not limited to, a registered Retailer of this Website or an employee of Point Two Design Group.
- You must not infringe upon the rights of any person or entity including; intellectual property rights, copyright, trademark, patent or right of privacy
- Upload a design or content through our website wholesaleart.com for means of fabrication if you do not own the content and or design; If in fact you do upload content and or a design, you are stating you *have permission from its owner to use the Content and or Design, and that you have the right to display, reproduce and possibly sell the content as a retail product.
*In short, you are entirely responsible for “All” Content that you upload through the website wholesaleart.com as a Customer/Retailer. You are also stating that you are the owner of the content and have the right to submit design/content and at a later time post products for sale or to email and display or otherwise make available via the use of the Internet or a brick and mortar retail business.
Things we may or may not do:
- Edit web content or available features at any time
- Change, suspend or discontinue your service at any time
- Change products, pricing, or fees, at any time
- We will not be liable for any losses caused by any unauthorized use
- If we complete a product(s) and the content is inaccurate, you will still be responsible for payment. No refunds will be given because of content that was wrongly provided.
- We may limit features or services, or restrict your access to parts or all of the web services without notice or liability
- Proprietary Rights:
You recognize and agree that the content, resources and other components (including but not limited to button icons, product design image blanks, page headers, logos and design graphics) available on the Website are the property of Point Two Design Group and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you offer feedback to us regarding the Website, for example; suggestions for improvements or different products, implementation of that feedback is owned by us and may become part of the Website without compensation to you. We reserve all rights in and to the Website unless we expressly state otherwise.
- Additional Terms of Service:
You agree to abide by additional and such other terms and conditions as may be presented in subsequent links/documents. If there is a conflict between these Terms of Service and the terms posted or emailed for, or applicable to, a specific portion of the Website or your status, the latter terms shall control with respect to your use of that portion of the Website or your status.
- Wholesale Prices and Product Images:
Point Two Design Group displays wholesale prices for products offered on the Website and makes no assurances to the consistency or correctness of any such information listed on wholesaleart.com.
Please keep in mind that website images are not 100% accurate representations of any product, and in some cases the size may be an estimate.
Point Two Design Group Does Not resell any product containing designs of any of its Users/Retailers, nor does uploaded files and/or designs of Customers/Users/Retailers become the property of Point Two Design Group. All artwork remains the property of the User/Retailer. If you are approved for a wholesale account and become a Retailer with Point Two Design Group, you are solely responsible for any of the content you post or publish. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. The word “post” includes; posting, uploading, sharing, submitting or otherwise providing your content in any manner in connection with the Website. If you post content outside of the Website, you are making a guarantee to us that you either own all of the content you are posting, or you have the right to post the content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Website without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, please do not post such content.
If you want to change your order, such as the shipping address or custom options please notify us within 2 hrs of placing your order. Once you have clicked on the “Place Order” button, it is not possible for Point Two Design Group to edit your design file that accompanies your order.
When you upload a design or content through our website wholesaleart.com for means of fabrication, you are stating you have permission from its owner to use the Design(s) or Content, and that you have the right to display, reproduce and possibly sell the content as a retail product.
- Non-intended Use: Use of the content and or materials for any purpose IS NOT expressly permitted. You may not duplicate, encompass or otherwise distribute any part of the Website. You agree not to, license, publish, rent, amend, transmit publicly, display, distribute, copy, reproduce, publicly perform, alter, sell, edit or produce derivative works from content on the Website.
- Making a Purchase:
Due to the nature of online services, occasional malfunctions or mistakes may cause errors to appear on the Website. Point Two Design Group has the right to void any purchases that display an inaccurate price. Point Two Design Group strives for complete accuracy in description and pricing of the products on the Website. However, if the displayed price is higher than the actual price you may be refunded the overcharged amount and the item will ship for the correct price. If the displayed price is less than the actual price, Point Two Design Group will void the purchase and attempt to contact you via e-mail or phone and inquire if you would like the item for the correct price.
All payments for products are due at the time of purchase. By placing an order through Point Two Design Group you are confirming that you are lawfully entitled to use the means of payment and that you are either the cardholder or the cardholder has given you explicit permission to use his/her credit card for payment.
Clicking the “Place Order” button will charge your chosen method of payment. All coupon codes or discounts will be redeemed at checkout and will be reflected on your purchase receipt that will be emailed to you.
This is very rare, but we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
Replacement Products for damaged or items not received are subject to investigation at our discretion.
Just so you know, if a carrier tracking # indicates that the Product was delivered, Point Two Design Group will not resend a new product.
All applicable taxes and other fees associated with your purchase will be required during checkout.
If you choose to store your credit card information using the Customer Information Management tool (CIM)for future purchases, please note that your credit card number is encrypted and not kept visible. Using a PCI compliant system ensures your information will be safe as it’s stored on Authroize.net’s server(s).
If you’re located in sunny British Columbia you must submit a valid British Columbia Resale Certificate. Please send to email@example.com. If you don’t send us your BC resale certificate, you will be required to pay sales tax on all orders.
- Third Party Website Links:
At no time shall any reference to any third party, third party website or third party service or product be taken as an approval or endorsement by Point Two Design Group of that third party, third party website or of any product(s) or service(s) provided by a third party. This website may contain links to other Websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. You should also read the terms and conditions and privacy policies of these other websites.
By using this Website, you agree to indemnify, hold harmless and defend Point Two Design Group or their respective officers, employees, directors, agents, successors, retailers / distributors, subsidiaries, partners, former partners, contractors, vendors, manufacturers, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the website; (2) your breach of the Terms of Service (3) your user content; or (4) your violation of any law or the rights of a third party. You agree to cooperate as reasonably required in the defense of any claim. Point Two Design Group reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Limitation of Liability:
In no event shall Point Two Design Group or their respective officers, employees, directors, agents, successors, independent contractors / distributors, retailers, subsidiaries, partners, contractors, vendors, manufacturers, representatives and affiliates or third parties providing information on this website be liable to any user of the website or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the website or otherwise, even if Point Two Design Group has been advised of or should have known of the possibility of such damages or loss.
In no event shall the total liability of Point Two Design Group or their respective officers, employees, directors, agents, successors, independent contractors / distributors, subsidiaries, partners, former partners, contractors, vendors, manufacturers, representatives and affiliates or third parties providing information on this website to you for all damages, losses, and causes of action resulting from your use of this website whether in contract, tort (including but not limited to negligence) or otherwise exceed the amount you may have paid to Point Two Design Group in connection with the application process or registration for becoming a Retailer, or if you have not paid any monies. Without limiting the foregoing, in no event shall Point Two Design Group or their respective officers, employees, directors, agents, successors, independent contractors / distributors, subsidiaries, partners, contractors, vendors, manufacturers, representatives and affiliates or third parties providing information on this website have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of Point Two Design Group.
You agree that Point Two Design Group has no control over and does not guarantee the monetization of products purchased through our website and shall be released from any and all claims or damages resulting from the failure to sell or receive any benefits from the purchase of products.
- Disclaimer of warranty:
The content of this website and all images, information, text, merchandise and other materials, accessible from or available through this website are offered on an “as accessible” and “as is” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of marketability, title or non- infringement specifically, but without limitation, Point Two Design Group does not warrant that (1) the functionality encompassed on this website will be continuous or free of errors; (2) the information and material or photos available for view on this website is free of errors; (3) defects will be corrected; or (4) this website or the web server(s) that makes it available are free of harmful components and or viruses.
You hereby acknowledge that the preceding paragraph shall apply to all personalized products that are either decorated or blank, general merchandise, marketing material for use by you or content and services available through the Website. Due to the specific nature of some states, they do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states. Some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
- Unauthorized Vendors or Third Party Website(s):
Point Two Design Group is not responsible for any representations by third party vendors. Point Two Design Group is not affiliated with or approves Websites or third parties that sell or advertise our products or our Website. Point Two Design Group reserves the right to void all return(s), service, and other policies for orders and Point Two Design Group products that were purchased through unauthorized Resellers or sellers that violate the policies of Point Two Design Group.
- Canada and International Use:
Those who have chosen to access this Website from anywhere other than Canada do so on their own initiative and are responsible for observance of local laws, if and to the extent that local laws are applicable. We make no demonstration that information; artwork or photos on this Website is appropriate or available for use outside Canada. You may not use, export any content, or make a copy or variation of such content, or any service or product offered on the Website, in violation of any applicable laws or regulations, including, without limitation, Canada export regulations and export laws.
- Website not available:
We may in our sole discretion, terminate or suspend your use or access to all or part of the Point Two Design Group Website, or your Retailer account access, account or status for any reason, including without limitation, breach of these Terms of Service. We may also discontinue, alter, suspend, this Website in whole or in part, at any time and for any reason, without notice or cost. Also, we may choose to cease providing access to the Website or any portion of the Website at any time and for any reason. In addition, you acknowledge that temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstances will Point Two Design Group or its suppliers be held liable for any damages due to such interruptions – albeit scheduled or non-scheduled, or lack of availability.
- Cancellations or Termination of Retailers Status:
If we notify you either by e-mail or letter written on Company letterhead that your access to your Retailer/Wholesale account is terminated, you must refrain from accessing and/or using it immediately. Your access or the login area of the Point Two Design Group website will become inaccessible to you. In the event these Terms of Service or your status as a Retailer or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, limitations of liabilities, and indemnities set forth herein will survive termination. We reserve the right to cancel, refuse shipment, delay, or recall from the carrier any suspected purchase order(s) if fraud is assumed.
- Damages and Loss:
On occasion a third party fulfillment center or a separate carrier may ship some items purchased from Point Two Design Group. As a result, any damages or loss may be borne by you before we submit a claim form to our carrier for collection and / or reimbursement.
- Costs and Reimbursements: If you violate these Terms of Service, you agree to pay liquidated damages to Point Two Design Group. Notwithstanding, any additional injunctive relief, you also agree to pay to Point Two Design Group the total amount of all damages (including but not limited to direct, indirect, consequential and supplementary damages) caused by any violation of these Terms of Service for which you accept responsibility.
- Governing Dispute:
If a dispute arises between you and Point Two Design Group, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any website visitor or Retailer of Point Two Design Group agrees that any causes of action or disputes shall be brought exclusively in courts located within the province of British Columbia, Canada and you and Point Two Design Group agree to submit to the personal and exclusive authority of such courts the Terms of Service herein and any argument of any kind that might arise between Point Two Design Group, its Retailer(s), you or its employees, subsidiaries, agents or affiliates shall be governed by and construed in accordance with the laws of the state of British Columbia, without regard to its conflict of law principles, as it is applied to agreements as amended from time to time are entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods. You consent to the jurisdiction of such courts and conclusively waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. YOU AGREE THAT ANY LAWSUIT WILL BE PERMANENTLY BARRED IF NOT FILED WITHIN (6) SIX MONTHS FROM ANY CATALYST FOR SUCH AN ACTION. WHICH ALSO BARRES YOU FROM PROSECUTING Point Two Design Group OR ITS SUBSIDIARIES, AFFILIATES, AGENTS OR EMPLOYEES.
- Entire Agreement: