CONDITIONS OF USE
HEART TO ART and its associates provide their services to you subject to the
following conditions. If you visit or shop within this website, you accept
these conditions. Please read them carefully.
ORDERING, PAYMENTS, INVOICES, DELIVERIES
- HEART TO ART require full payment for an order prior to delivery.
- HEART TO ART cannot be held responsible for delays in deliveries due to manufacturing delays or shipping delays.
- Once the full payment has reflected in our account, we will e-mail you a delivery date.
- When you visit HEART TO ART or send e-mails to us, you are communicating with us electronically.
- You consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on this site.
- You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software, is the property of HEART TO ART or its content suppliers and protected by international copyright laws.
- The compilation of all content on this site is the exclusive property of HEART TO ART, with copyright authorship for this collection by HEART TO ART, and protected by international copyright laws.
LICENSE AND SITE ACCESS
- HEART TO ART trademarks and trade dress may not be used in connection with any product or service that is not HEART TO ART’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HEART TO ART.
- All other trademarks not owned by HEART TO ART or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HEART TO ART or its subsidiaries.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
- HEART TO ART grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HEART TO ART.
- This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.
- This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of HEART TO ART.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HEART TO ART and our associates without express written consent.
- You may not use any meta tags or any other “hidden text” utilizing HEART TO ART’ name or trademarks without the express written consent of HEART TO ART.
- Any unauthorized use terminates the permission or license granted by HEART TO ART.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HEART TO ART so long as the link does not portray HEART TO ART, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any HEART TO ART logo or other proprietary graphic or trademark as part of the link without express written permission.
RISK OF LOSS
- Visitors may post reviews, comments, and other content: and submit
suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
- HEART TO ART reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
- If you do post content or submit material, and unless we indicate otherwise,
- You grant HEART TO ART and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- You grant HEART TO ART and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
- You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify HEART TO ART or its associates for all claims resulting from content you supply.
- HEART TO ART has the right but not the obligation to monitor and edit or remove any activity or content.
- HEART TO ART takes no responsibility and assumes no liability for any
content posted by you or any third party.
- All items purchased from HEART TO ART are made pursuant to a shipment contract.
- This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- HEART TO ART and its associates attempt to be as accurate as possible. However, HEART TO ART does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
- If a product offered by HEART TO ART itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY HEART TO ART ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEART TO ART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEART TO ART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEART
TO ART DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HEART TO ART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEART TO ART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- By visiting HEART TO ART, you agree that the laws of the SOUTH AFRICA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HEART TO ART or its associates.
- Any dispute relating in any way to your visit to HEART TO ART or to products you purchase through HEART TO ART shall be submitted to confidential arbitration in SOUTH AFRICA, except that, to the extent you have in any manner violated or threatened to violate HEART TO ART intellectual property rights, HEART TO ART may seek injunctive or other appropriate relief in any state or court in SOUTH AFRICA, and you consent to exclusive jurisdiction and venue in such courts.
- Arbitration under this agreement shall be conducted under the rules then prevailing of the South African Arbitration Association.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
- The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
- Please review our other policies, such as our payment, invoice and
delivery/shipping policy, below and posted on this site.
- These policies also govern your visit to HEART TO ART.
- We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.
- If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.