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Terms and Conditions for the Sale of PRODUCTS BY ARTIS & WEBEUM LLC

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ARTIS & WEBEUM LLC (“MUSART”) 100 N BISCAYNE BLVD, SUITE 800 MIAMI, FLORIDA 33132, UNITED STATES OF AMERICA OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://musart.com/ (the "Site"). These Terms are subject to change by ARTIS & WEBEUM (referred to as “Musart” "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

Sales made by and through the Site are for retail, end users only and not for retailers, wholesalers or resellers. MUSART may, in its sole and exclusive discretion refuse an order if it suspects that the buyer may intend to purchase a Product for any purpose other than such buyers personal use. If a buyer is not an end consumer then the parties agree that the damage to MUSART would be impossible to calculate due to the harm of its good will and relationship with authorized distributed and other re-sellers.

The Products that you may purchase via the Site are those displayed on the Site on the date of your order, within the limit of available stock.

MUSART reserves the right to amend at all time its assortment of the Products offered for sale via the Site.

You can consult the essential characteristics of the Product(s) proposed on the Site before placing an order. The information, characteristics, photographs and graphics presented on the Site or in the e-mails sent by MUSART are presented with the greatest possible accuracy. Each Product sheet is written based on information provided by the manufacturer or supplier of the Product, and presents the essential characteristics of the Product selected. You are informed of the possibility of a difference in presentation on delivery resulting from a modification of the packaging (photograph and illustrations) by the manufacturer or the supplier, this difference not affecting in any way the content and characteristics of the Product. MUSART cannot guarantee that the information provided on the Product packaging will be translated into all languages of the world.

MUSART reserves the right to limit the number of the Products that it is possible to purchase within a single order session.

2. Creating An Account/Subscription To The Newsletter/Ordering As A Guest

You can create an account (“the Account”) to place an order on the Site. As such, you must provide some information (surname, first name, postal address, email, password, etc.), some of which are mandatory and identified by an asterisk. By creating an Account, you accept our Privacy Policy.

When creating an Account, you will be able to subscribe to the newsletter. It is also possible to subscribe to the newsletter without creating an Account, by entering your email address at the bottom of the home page in the space provided for this purpose.

The Site offers you the option of ordering Products as a guest, which does not involve the creation of an Account. When using this method, you must provide the information required to process your order. At the end of the purchase process, you are invited to create an Account or to continue placing the order as an unregistered guest user. When placing an order for Products as a guest, your personal data is collected in accordance with the methods described in the Privacy Policy.

3. Order Acceptance And Cancellation/Pre-Orders/Availability.

Acceptance and confirmation of the order are carried out by a series of data entries on successive screen pages:

  • Addition of the chosen Products in the Shopping cart
  • Validation of the Shopping cart
  • Entering your contact details through the connection to your account or as a guest
  • Confirmation of the type of delivery
  • Adherence to these Terms & Conditions
  • Choice of payment method and confirmation of choice of payment method

We require that your billing and shipping address match as an additional step to prevent credit card fraud.

Once the mode of payment has been selected, you must proceed to the payment of your order on the secure interface, which will formalize in a firm and definitive manner the sales contract which binds you to MUSART.

Any order implies acceptance of the prices and description of the Products available for sale.

In all cases, the online provision of the credit card number and the final validation of the order by you will constitute proof of the order and payment of the sums for the Products selected in the order. This validation is worth signature and acceptance of all the operations carried out on the Site.

An email is automatically sent to you in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. You must check the completeness and conformity of the information which you provide to MUSART. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be your responsibility.

If you have created an Account, you can at any moment check the status of your order by consulting the heading "My account" on the Website. This following of the order makes it possible for you to know the stage of processing of your order, but also the stage of sending or delivery of your parcels. This last following of delivery is carried out with the deliverers' Internet interface. MUSART thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters.

(b) Some Products may be available for Pre-orders. You will be debited at the time of the Pre-order and the delivery will be made when the Product is available. The Site will specify within which time the Products will be available.

(c) The order implies acceptance of prices and description of the Products available for sale. MUSART is committed to honoring Product orders while stocks last. In the absence of availability of one or more Products after the order has been placed, MUSART will inform you by email when the Product will be available again or, if it is no longer available, where applicable. In the event that Products are unavailable or if you cancel your purchase, the order for the product will automatically be cancelled and the amount will be refunded via the payment method used to place the order.

4. Prices, Payment Terms, AfterPay.

(a) The sales price of the Products sold in the Site are indicated in USD. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You can pay for your order online by:

  • Bank card (Visa, Mastercard, American Express, Discover, Diners Club)
  • PayPal: this type of payment is subjected to the conditions of use of Paypal as well as the regulation on the respect of the private life of Paypal
  • Apple Pay: this type of payment is subjected to the conditions of use of Apple Pay as well as the regulation on the respect of the private life of Apple Pay
  • Google Pay: this type of payment is subjected to the conditions of use of Google Pay as well as the regulation on the respect of the private life of Google Pay
  • E-gift cards: valid for 1 year on the Site (see article 6)
  • Online Shopping Vouchers: online shopping vouchers are credits issued exclusively by MUSART and can only be used on the Site by their beneficiary for a period of one year from their date of iss

For Exclusive Sales, we can decide to limit the means of payment.

We use all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the Site uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of your banking co-ordinates during their transmission on the Internet.

We reserve the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. We notably reserve the right to refuse to process and deliver an order placed by a buyer who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.

You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Your credit card will be charged upon placement and acceptance of your order.

Shipments; Delivery; Title And Risk Of Loss.

(a) We will only ship to residential addresses in the United States of America (excluding Alaska and Hawaii), and in Puerto Rico. The Products are shipped to the delivery address provided by you during the ordering process. You are informed that MUSART cannot be held responsible for the impossibility of delivering the order in the event of incorrect information entered by you. We do not ship to P.O Boxes or Freight Forwarders.

For Exclusive Sales:

  • the use of a carrier defined by MUSART can be imposed,
  • there will be up to 7 business days for order verification and processing, and an additional 10 business days for delivery. These are estimated timeframes and are not guaranteed.

Apart from these specific cases, there will be a Standard Delivery:

  • US Domestic: Delivery of your Products 3 to 6 business days after the date of your order
  • Porto Rico: Delivery of your Products 3 to 13 business days after the date of your order

Delivery times are given as an indication, apart from all cases of force majeure and outside certain periods of high activity, such as sales periods, and subject to validation of the order and payment by you.

(b) The price list below is provided for information only. Given the weight and/or volume of certain products, additional costs may apply. Sales taxes are charged to orders shipped within certain States.

  Cart Amount Below
$100
Cart Amount Above
$200
Country Shipping fees Shipping fees
United States $7.95 FREE
Puerto Rico $30 $30

 

(c) Title and risk of loss pass to you upon our transfer of the products to the carrier. We are not responsible for any lost, stolen or damaged shipments. You are responsible for paying additional shipping and handling fees to have the order re-shipped, if available. You assume all responsibilities of claims made with the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

(d) It is your responsibility to check the conformity of the delivery in relation to your order and to report any error without delay. You are required to check the condition of the Products delivered. Any package presenting apparent anomalies (damage, missing product compared to the order form, damaged or open package, defective product, etc.) at the time of delivery must imperatively be the subject of a complaint sent to customer service within 48 hours of the date of delivery at the following address: support@musart.com. Images and descriptions of defects/damages must be provided for review. We will make arrangements for a replacement or refund if necessary. We are unable to offer exchanges.

(e) MUSART reserves the right to restrict the conditions and territories of delivery depending on the type of Products and/or the territories concerned.

6. E-Gift Cards

You can buy one or more e-gift cards on the Site, which will be exclusively usable on the Site. The minimum amount of an e-gift card is 50 USD and can go up to 1,000 USD, loading can be done in increments of 50 USD. The e-gift cards are valid for 1 year and can be used in 1 or more times. They can be combined with each other within the limit of 1,000 USD. They are non-exchangeable, non-refundable and non-transferable. When creating an e-gift card, you must enter the email address of the person receiving it ("The Beneficiary"). This email address cannot be changed at a later date. In the event of an error being made when entering the e-gift card recipient's address, you can ask for their order to be cancelled. The amount corresponding to the cancelled e-gift card will then be fully refunded via the payment method originally used to place the order. No request for cancellation will be accepted if the e-gift card has been used by its Beneficiary.

The Beneficiary will receive the e-gift card only in digital form with a code to be entered before payment of the order.

7. Returns And Refunds/Satisfaction Guaranty.

For Exclusive Sales and for orders that are purchased and shipped outside of the United States of America such as Porto Rico, we do not accept returns, cancellations or exchanges. All these sales are final. For Exclusive Sales, on a case by case basis under extenuating circumstances, at our discretion, if we determine a refund is warranted, a 5% fee will be deducted from the refund.

You are required to check the condition of the Products delivered. Any package presenting apparent anomalies (damage, missing product compared to the order form, damaged or open package, defective product, etc.) at the time of delivery must imperatively be the subject of a complaint sent to customer service within 48 hours of the date of delivery at the following address: support@musart.com. Images and descriptions of defects/damages must be provided for review. We will make arrangements for a replacement or refund if necessary. We are unable to offer exchanges.

Specific Rules For US Domestic Shipping Only

For Exclusive Sales, we do not accept returns, cancellations or exchanges. For Exclusive Sales, on a case by case basis under extenuating circumstances, at our discretion, if we determine a refund is warranted, a 5% fee will be deducted from the refund.

You are responsible for all shipping and handling charges on returned Products. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original box and delivery package, including all accessories and documents (certificates...)

Products over $600 are subject to 20% restocking fee if returned and/or if the order is cancelled. Please contact our Customer Service for assistance.

WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE. WE ARE UNABLE TO OFFER EXCHANGES.

8. Goods Not For Resale Or Export

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").]

9. Intellectual Property Use And Ownership.

You acknowledge and agree that:

(a) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or MUSART, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All total or partial reproduction if the Content, on any medium or for any reason whatsoever is strictly prohibited.

(b) The purchase of a Product does not confer you any intellectual property right on this Product. All intellectual property rights pertaining to the Products and applications, including trademark and design rights, as well as copyright, are the exclusive property of MUSART or its partners. All total or partial reproduction of these intellectual property rights, on any medium or for any reason whatsoever is strictly prohibited.

10. Privacy

When you create a client account on the Site, you are asked to provide us with information on yourself, such as your name, your email address, your phone number, your billing address, your delivery address as well as your credit card details. You undertake to provide us with exact and complete information. MUSART undertakes to treat your personal data confidentially. Please consult our Privacy Policy to know how MUSART collects, uses and protects your personal data.

11. Force Majeure

Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and [(i) other similar events beyond the[reasonable control of the Impacted Party. The Impacted Party shall give notice within 3 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 consecutive days following written notice given by it under this Section 11 the either party may thereafter terminate this Agreement.

12. Governing Law And Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida

13. Dispute Resolution And Binding Arbitration.

(a) YOU AND MUSART ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 812. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU OR MUSART WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

14. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 914 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of MUSART.

15. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of MUSART.

16. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

17. Notices

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail ARTIS & WEBEUM LLC 100 N BISCAYNE BLVD, SUITE 800 FL 33132, MIAMI, FLORIDA We may update address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

18. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

19. Entire Agreement

Our order confirmation, these Terms and Conditions and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.