All use of the Online Marco Fine Arts Service and marcofinearts.com (the “Website”) are governed under these terms and services which are available in their most recent form in the footer of the Website and Application.
The Application and Website are both owned and operated by Marco Fine Arts. By agreeing to the Marco Fine Arts Website you agree to the following rules, procedures and practices in their entirety.
It is the responsibility of each user to keep their account details secure. Any breach of credentials must be reported to Marco Fine Arts immediately and Marco Fine Arts is not liable for any losses to the User caused by the loss of credentials or their unauthorized use.
Changes to this document
Marco Fine Arts, as the owner of this Website may modify or change the agreement, prices, and terms of this agreement at any time. The User is responsible for reviewing these amendments and making any necessary changes. Continued use of the Marco Fine Arts Website constitutes continued agreement and acceptance of the updated terms and conditions.
Note: For GDPR information and policies regarding your personal information and rights as a user within the European Economic Area please see our Privacy Policy.
Creative Content & Copyright Policy
All creative content (“Designs”) including digital media of any kind, photos, text, graphics, logos or other materials uploaded to the Service must adhere to the following:
You own the rights and or copyright to the Designs. If you are not the owner of the Designs, you have explicit permission to use, reproduce, display and sell the Designs. You also agree to license Marco Fine Arts the use & reproduction of your artwork (in order to print it) as well as display in our portfolio and marketing materials, unless otherwise specified.
Your Designs will not infringe on the intellectual property of other Users, businesses, or entities. If found in breach of these terms of service or any applicable laws, Marco Fine Arts reserves the right to review and remove any infringing content or cancel your account without notice.
To reiterate: the User, and not Marco Fine Arts is responsible for all Designs uploaded or sold as part of the Marco Fine Arts Service. In addition, if you believe that any of your own intellectual property is being used without your consent on a platform or service owned or operated by Marco Fine Arts, please send a notice of this infraction to us.
If any legal action is opened against Marco Fine Arts due to the ingrignment or actions of the User, that User will be completely responsilble for all legal fees, out of pocket expenses, applicable expenses associated with defending the suit.
Because Marco Fine Arts does not own the copyrights to your designs or intellectual property, we will not distribute or disseminate your Designs to other entities or persons outside the Marco Fine Arts Service.
Taxes
All orders are subject to the applicable taxes as well as localized sales tax rates (California).
California tax rate is calculated as a percentage of final retail price. When retail price cannot be calculated, tax rate will be calculated in accordance with CA Regulation 1706.
Order Changes
Once an order has been submitted to us, it can no longer be edited or canceled. If the order must be altered at this point, please contact us as soon as possible at support@marcofinearts.com.
While we are not mandated to make any changes to the order after its submission, we will do our best to accommodate the change, subject to individual review.
Returns
All returns, replacements, and ‘item not received’ claims are subject to investigation and review by Marco Fine Arts.
In general, Marco Fine Arts does not accept returns of ink or consumables.
Responsibility for loss or damaged Products incurred after the Product has been shipped are taken by the Mail provider (The “Carrier”).
It is the User’s responsibility to report or file any claims with the Carrier for lost items. In these cases, it is not the responsibility of Marco Fine Arts to resend the Product or offer a refund or credit.
Payment & Fees
Marco Fine Arts may save User’s payment information for use in all future payments, shipments, or cases where a charge must be made to the User.
By entering their card details in the Marco Fine Arts system or by providing them with a sales associate, Users agree that they are legally entitled to use the means of payment entered, and that they are the cardholder or have the explicit permission of said card holder to make purchases.
The price charged will be the price quoted, and unless otherwise noted will be quoted in United States Dollars.
The Customer is responsible for all chargebacks and the accompanying processing and handling fees ($15 per Chargeback).
The Customer will receive an email after purchasing the product that bundles the confirmation details, price, description and shipping information. Payment of the total price must be made before the order is processed.
Marco Fine Arts may also cancel any orders at its sole discretion, as well as change or suspend any products, prices, and promotions.
Payments, charges and invoices associated with Marco Fine Arts may show up on your account statement as “Marco Fine Arts LLC” instead of Marco Fine Arts.
Visitors Policy
Violation of any of the Visitors Policies laid out in this Terms of Service may result in termination of your User account or ability to use our website or service.
Users also take full liability for information entered into the Marco Fine Arts Service (including product details and pricing).
In a situation where a loss is incurred by Marco Fine Arts due to the improper entry of information by a User (including but not limited to sales tax), the User will be responsible for the cost, and will be billed via their saved billing details outlined in the Payment & Fees Section.
Marco Fine Arts also reserves the right to cancel or suspend access to any Service or Product belonging to Users that create legal liabilities or do not follow our policies.
We also reserve the right to cancel inactive and unused accounts.
Purchase of Products
An order submitted to Marco Fine Arts represents an offer made by the User to Marco Fine Arts. The offer is not accepted until a confirmation email is sent by Marco Fine Arts. Any Product not included in the confirmation email is not included in that order.
Orders are placed exclusively via the Application or Website and it is the responsibility of the User and the Customer to assure that customer information is entered correctly. All information must be filled out accurately and precisely to ensure successful delivery of the Product.
Delivery
In general, Marco Fine Arts will ship your ink and consumables within three business days of recieving an order.
Once item has shipped, the package is out of our direct control. This means the delivery date is an estimation- and while it is often much faster, the time to complete an order is subject to change. In the case of a significant delay, we will do our best to contact the User with all the details necessary.
Shipping prices are in addition to the price displayed and may vary based on municipality, location, or shipping constraints.
Flat rate charges are shown on our checkout page and pricing pages, however we reserve the right to add any additional costs that may be incurred for some delivery addresses.
Also, while we always try to consolidate orders, it is possible that orders could be packed and shipped separately and thus cannot be guaranteed on the same delivery date.
Fulfilment and Delivery will not begin until the charge to the Customer is marked as paid.
Release
Users release Marco Fine Arts (and all our employees, entities, officers, directors, agents, subsidiaries, and joint ventures) from claims, demands, and damages of any kind pertaining to this agreement or a dispute that is connected to this agreement in any way. Marco Fine Arts does not have explicit control over worldwide shipping and cannot guarantee delivery dates once the Product is handed over to the Carrier.
In addition, Marco Fine Arts will be released from any damages or claims resulting in loss of revenue or benefits to Users due to cancellation or suspension of this agreement.
Trademarks
The Marco Fine Arts trademark is the sole property of Marco Fine Arts. You may not use our trademark in whole or part in your own trademark. Any reference to our trademark and its connection with our Service must be clearly referenced and not confuse the relationship between Marco Fine Arts and the User or any of the services offered by Marco Fine Arts.
Idemnity
You indemnify Marco Fine Arts (and all our employees, entities, officers, directors, agents, subsidiaries, and joint ventures) from claims, demands, and legal action (including attorneys’ fees) which arise from a breach of this agreement or the violation of the laws or rights of a third party.
Legal
In the case of a dispute between Marco Fine Arts and the User, we encourage you to contact our support staff directly. Any claim or dispute made against Marco Fine Arts must be resolved by a court located in the State of California.
Any claim, damages, or disputes arising from or connected to this agreement are subject to the non-exclusive jurisdiction of the State of California court system.
General
No formal agency, partnership, joint venture, employment or franchise relationship is implied or created by this Agreement.
You are properly certified to grant us access to payment information (as required to complete a shipment or pill a payment.)
Any provision of these terms and services that is held to be invalid will be struck and the remaining provisions will be enforced.
Headings are for context and reference purposes and do not limit the scope or content of any section.
Not all breaches of the contract require enforcement by Marco Fine Arts. Failure to react to one breach however does not constitute waiving our rights to take action on a similar breach or subsequent breach.
Marco Fine Arts may transfer or assign this Agreement and all the rights outlined under this agreement at any time.
