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of Service barkNart
maintains this site (the "barkNart site") for your personal information, education
and shopping convenience. You are encouraged to use and enjoy the barkNart.com
site, and with your use of the barkNart.com site you agree to these Terms of Service
and Legal Notices set forth below and the disclaimers, caveats, and terms and
conditions stated on the barkNart.com site ("Terms of Service").
Sales Terms and Conditions
The
following terms and conditions apply to purchases from barkNart. The terms "you",
"your" and "yours" refer to the customer/purchaser utilizing our Internet site
to purchase art. The terms "we", "us" and "our" refer to barkNart Disclaimer
of warranty for barkNart site We
provide our site and its contents on an "AS IS" basis and make no warranty or
representation of any kind regarding any product or service, either express or
implied, including the warranties of merchantability, fitness for a particular
purpose, and non-infringement, unless otherwise stated herein. The information
herein may contain bugs, errors, problems or other limitations. The owner of this
site assumes no liability or responsibility for any errors or omissions in the
content contained on this site. barkNart does not warrant that the functions contained
in this site are compatible or operable with the user's computer software, or
that operation will be uninterrupted or error-free. All responsibility or liability
for any damages caused by viruses contained within the electronic files or at
the site is disclaimed. Limitations
and Exclusions We
reserve the right to change prices, terms, descriptions and warranties without
notice. We endeavor to accurately describe every Product offered for sale; however,
mistakes can sometimes be made. Any typographical, photographic, error in product
description, pricing or offers is subject to correction and verification. Sales
are intended for, and limited to, domestic sales only. If you are purchasing Products
for export, you are responsible for the necessary export documentation before
shipment is made to a foreign country. We will not ship to foreign locations.
Warranties for exported products are null and void. We reserve the right to limit
the number of Products sold. No oral advice or written information given by barkNart,
nor its associates, shall create a warranty. You expressly agree that use of the
barkNart.com site is at your sole risk. Under
no circumstances shall barkNart or its associates be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of or inability
to use the barkNart.com™ site, including but not limited to reliance by a user
on any information obtained at the barkNart.com site, or that result from mistakes,
omissions, interruptions, deletion of files or email, 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 barkNart records, programs or services. The foregoing Limitation
of Liability shall apply whether in an action of contract, negligence or other
tortious action, even if an authorized representative of barkNart has been advised
of or should have knowledge of the possibility of such damages. User hereby acknowledges
that this paragraph shall apply to all content, merchandise and services available
through the barkNart.com site. Because some states do not allow the exclusion
or Limitation of Liability for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by law. The
sole and entire maximum liability of owner and any of the providers of information,
products, or services, for any reason, and user's sole and exclusive remedy for
any cause whatsoever, shall be limited to the amount paid by the customer for
the information, product or service purchased. Prices
and availability are subject to change without notice. Errors will be corrected
where discovered, and barkNart reserves the right to revoke any stated offer and
to correct any errors, inaccuracies or omissions (including after an order has
been submitted). Damages
In
no event shall barkNart, its owners, employees, agents, representatives, and affiliates
or their respective officers, directors, employees, representatives, or agents
be liable for special, incidental, consequential, punitive, indirect, or other
special damages, including but not limited to, loss of data, use, or profits,
however caused, whether for breach of contract, negligence, or otherwise, and
whether or not we have been advised of the possibility of any such damages. Third
Party Links
From time to time we may provide on-line links to third party web sites. These
links are provided as a convenience only and should not be considered as a barkNart
endorsement of the site, the party that maintains the site or the products, service
or information on the site. Such links to third party sites will take you out
of our web site. We are not responsible for the contents of any linked site, or
any link contained in a linked site, any changes or updates to such sites, or
the use of your information by the operators of such site. Miscellaneous
We
may revise these terms and conditions at any time by updating the barkNart.com
web site. This Agreement shall be treated as though it were executed and performed
in Richmond Virginia, and shall be governed by and construed in accordance with
the laws of the United States of America and of the State of Virginia (without
regard to conflict of law principles). The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Agreement shall
be brought solely in Richmond, Virginia, User expressly submits to the jurisdiction
of said courts, and User consents to extra-territorial service of process. barkNart
makes no representation that materials on the Web site are appropriate or available
for use in other locations, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance with local laws.
You
agree that if any part of these terms and conditions are found to be unenforceable,
the remainder of these terms and conditions will remain in full force and effect.
On
Line Privacy Statement
Privacy
barkNart
will not sell or rent your personally identifiable information to anyone. barkNart
only collects the information that you email, fax, or phone in. We are the sole
owner of this information. We will not sell, share, or rent this information with
any other company. Children's
Online Policy barkNart.
is committed to preserving the privacy for all of its web site visitors, including
children. Consistent with the Children's Online Privacy Protection Act, we will
not knowingly collect any personally identifiable information from children under
the age of 13. barkNart sells products intended for purchase by adults. If you
are a child under the age of 13, and would like to purchase items from barkNart,
please ask a parent or guardian for assistance in using the barkNart.com site.
barkNart
cannot prohibit minors from visiting this site. barkNart must rely on parents,
guardians and those responsible for supervising children under the age of 13 to
decide which materials are appropriate for such children to view and/or purchase.
Each
time you purchase a product from barkNart or provide information about yourself
or your family, you are representing to barkNart that you are 13 years or older.
Cookies
A
this point in time, since we do not take orders on-line, the barkNart.com site
does not place a cookie on your machine. Guaranteed
Secure Shopping When
buying from us on-line, you can shop with confidence. Since we do not take orders
over the web, you can rest assured that your information will not end up available
on line. It may take an extra step to pick up the phone to place an order with
us, but you can rest assured that someone breaking into our server will not compromise
your charge card numbers.
Returns, Cancellations and Guarantees
Customer
Service Guarantee We
are not satisfied until you are! If after reading the information we provide on
line, you still have questions or are not completely satisfied, we want to hear
from you. You may send your question or concern to us using our email address
barkNart@gmail.com or call us at: (804) 263.6621 Ordering
Information and Payment Methods We
are not liable for orders that we cannot fulfill due to causes beyond our control
or for incomplete or inaccurate information being supplied by you or someone acting
for you, including your Internet service provider, at the time your order is placed.
Such information includes but is not limited to partial or incorrect credit or
payment information. We are unable to accept cash for purchases that are not made
on our premises, nor do we accept C.O.D. orders or wire transfers for such purchases.
Shipped
Products When
buying products from us, we will ship it the Monday following the date that your
order was placed. We currently ship orders on Mondays via three-day Priority Mail.
Orders requesting our other shipping methods may take longer to prepare. You assume
all risk of loss for shipped Products. Also, please be sure that your ordering
information is accurate and complete to avoid delays. Products cannot be shipped
to incomplete addresses. Order
Cancellations We
are unable to refund any purchase after your order has shipped-usually the Monday
following the day you placed your order. If you need to cancel your order, please
call before shipment. General
Merchandise Return Policy We
will replace prints purchased from us that are damaged due to shiping. Replacements
may be obtained by returning the damaged prints to Kerri Douthat C/O barkNart
3814 Floyd Ave. Richmond Virginia, 23221. Please allow 14 days from when we receive
your prints for the processing of your replacements. Should your original prints
not be in stock, we reserve the right to substitute other prints upon your approval.
Trademarks, Service Marks, and Copyrights Trademarks
and Service Marks barkNart
is a service mark of barkNart and is used with permission. All other trademarks,
product and company names are the property of their respective companies and are
used with permission. Copyright
Notice Access
to and use of this site is subject to the following terms and conditions: All
content on this site is the property of barkNart and protected by U.S. and international
copyright laws. All software used on this site is the property of barkNart or
its software suppliers and protected by US and international copyright laws. Permission
is granted to electronically copy and to print in hard copy portions of this Web
site for the sole purposes of placing an order or using this site as a shopping
resource. Any other use, including the reproduction, modification, distribution,
transmission, republication, display or performance, of the content on this site
is strictly prohibited. It is strictly prohibited to modify, transmit, distribute,
reuse, repost, "frame" or use the content of the barkNart site including the text,
images, audio and/or video for public or commercial purposes without written permission
from an authorized representative of barkNart. It is strictly prohibited to download
the images of the products for sale within this site. The user may not copy, download,
copy onto a hard drive, diskette, or other storage media, translate or display
the text or images on this site, in whole or in part, for any other reason, unless
expressly authorized in writing by barkNart. You
may only download material displayed on the barkNart.com site for non-commercial,
personal use provided you also retain all copyright, trademark and other proprietary
notices contained in the material, do not modify or alter the material and do
not copy or post the material on any network computer or broadcast the material
in any media. Tampering with the site, misrepresenting the identity of a user,
using buying agents or conducting fraudulent activities on the site are prohibited.
This
site is protected under U.S. and other national copyright laws.
Images are copyright © 2008 barkNart. Reproduction
or use of these images without the express written permission of barkNart is forbidden.
Copyright
© 2008 barkNart All Rights Reserved. |