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POLICIES
Please be sure to read our policies.
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  • Privacy Policy
  • Terms of Use
  • Artist/Seller Policy
  • Return and Refund Policy
  • Shipping Policy
  • Intellectual Property Policy
Terms of Use

TERMS AND CONDITIONS OF USE OF WEBSITE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, WHICH CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

ARTYOGI, INC., a California corporation owns and operates www.artyogi.com (referred to as the site). Access to and the use of this site and the services available through this site, including the marketplace platform as a customer or 3rd Party Vendor (collectively Services) are subject to these terms and conditions. By using the Services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not use the Services.

These terms and conditions and all other Artygoi policies are subject to change by ArtYogi, Inc. (referred to as us or we) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions and all other ArtYogi policies will be posted on this site, and you should review these terms and conditions and all other ArtYogi policies prior to purchasing any product and using the Services that are available through this site. By using the Site, you consent to all of our policies posted on the Site. Access to the Site is permitted on a temporary basis and we reserve to withdraw or amend the Services without notice. We will not be liable if for any reason the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Site.

These terms and conditions apply to users of the Site, including 3rd Party Vendors (defined below) and customers. We may also terminate the membership of any user, including 3rd Party Vendors and customers at our sole and absolute discretion.

Third Party Websites

The Site may contain links to other websites (Third Party Sites) which are not operated by us. We have no control over the Third Party Sites and we accept no responsibility for the Third Party Sites or for any loss or damage that may arise from your use of these sites. Your use of the Third Party Sites will be subject to the terms and use of each site.

Misuse of Website

You must not misuse the Site. The following actions are strictly prohibited:

  • Committing or encouraging a criminal offense;
  • Transmitting or distributing a virus, Trojan, worm, logic bomb or any other material which is malicious or technologically harmful, obscene, in breach of confidence or harmful in any way;
  • Hacking into the Site;
  • Corrupting data;
  • Causing annoyance to customers, 3rd Party Vendors, or other user;
  • Infringing on the intellectual property rights of others;
  • Sending unsolicited advertising material (spam);
  • Posting slanderous or libelous material;
  • Impersonating individuals, including posing as an ArtYogi employee;
  • Posting pornographic material or other threatening material; and,
  • Attempting to affect the performance or functionality of computer facilities of or accessed through the Site.

We will report any alleged criminal activity to the appropriate law enforcement authorities and disclose the identity of any individual suspected of criminal activity on the Site. We are not responsible for any loss or damage caused by a virus or any other technologically harmful material that may infect your computer or property due to your use of the Site.

Intellectual Property

The intellectual property rights in all software and content (including photographic images and video content) made available to you through this Site remain the property of its owner. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted. When placing an order you undertake that all details you provide are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the costs of the goods. For information on our cancellation and return policies, please review our Refunds, Return and Exchange Policy. For information on our shipping policies, please review our Shipping Policy.

3rd Party Vendors

While ArtYogi, Inc. offers products sold directly from Artyogi to you (ArtYogi Products), there are many third party vendors selling products on our Site (3rd Party Vendors), which are also referred to on this Site as Sellers. WHEN AN ORDER IS MADE WITH A 3RD PARTY VENDOR, WE ARE NOT ACTING AS AN AGENT OR PRINCIPAL AND THE CONTRACT IS MADE BETWEEN YOURSELF AND THE 3RD PARTY VENDOR AND WILL BE SUBJECT TO THE TERMS OF SALE OF SAID 3RD PARTY VENDOR. We do not endorse any items sold by the 3rd Party Vendors or any content posted by them. 3rd Party Vendors have their own processing times and policies and procedures, including but not limited shipping policies, privacy policies and return policies. The descriptions of Services that are posted on our site by 3rd Party Vendors are the representations of such vendors. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors of 3rd Party Vendors. WE ARE NOT RESPONSIBLE FOR THE PRODUCTS SOLD BY 3RD PARTY VENDORS, INCLUDING THE CONDITION OF THESE PRODUCTS AND ANY WARRANTIES OFFERED BY 3RD PARTY VENDORS.

Changes in Products and Pricing

We are constantly updating and revising our offerings of ArtYogi Products, and we may discontinue ArtYogi Products and Services at any time without notice. To the extent that we provide information on availability of ArtYogi Products, you should not rely on such information, and we will not be liable for any lack of availability of Artoygi Products and/or Services that you may order through our site. All pricing for ArtYogi Products available on our site is subject to change without notice. For all of our prices and ArtYogi Products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. We are not responsible for the pricing information provided by 3rd Party Vendors.

Payment

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds for the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of the goods you have purchased as listed in confirmation email.

Accepted Methods of Payment

Credit Card (Visa, Master Card, American Express, Discover Card), Debit Card and PayPal.

Credit Card Charges

Your credit card will be charged when the order is shipped. If we are not able to fulfill your order for any reason after your card is charged, your credit card will be refunded.

Disclaimer and Limitation of Liability

ALL SERVICES OFFERED BY ARTYOGI, INC. AND ARTYOGI PRODUCTS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT SERVICES AND ARTYOGI PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ARTYOGI PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY ARTYOGI PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF ARTYOGI PRODUCTS AND SERVICES OR USE OF THE SITE. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR ARTYOGI PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR AFFILIATES) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE ARTYOGI PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF ARTYOGI PRODUCTS AND SERVICES.

Privacy and Customer Information

We are committed to protecting your privacy. To make your experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy for more information.

Indemnification

By using this Site, you agree to defend, indemnify and hold harmless ArtYogi, its affiliates, and their respective employees, directors, agents and representatives from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim that directly or indirectly arises out of or relates to your use of the Site.

Service and Support

Should you have any other questions or concerns about our Services or ArtYogi Products, you should contact us by e-mail at support@artyogi.com or by mail at ArtYogi, Inc., Attention: Customer Service 12582 AVENUE 384, CUTLER, CA 93615. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction. Should you have any questions or concerns about Services from a 3rd Party Vendor, please contact this vendor directly. Other than the Services offered by the 3rd Party Vendors, the Services available through this Site are offered by ArtYogi, Inc., a California corporation, located at 12582 AVENUE 384, CUTLER, CA 93615. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.

Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of ArtYogi Products and service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Entire Agreement and Other Documents

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of between us with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for ArtYogi Products and/or Services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.

Governing Law and Statute of Limitations

This Site (excluding linked site) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of ArtYogi Products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County and the United States District Court for the District of California with respect to such matters.

Disputes

If you have a dispute related to an ArtYogi Product or Service, please contact us via email at admin@artyogi.com. ArtYogi is not responsible for the resolution of disputes between customers and 3rd Party Vendors.