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TERMS AND CONDITIONS OF PURCHASE AND USE
1. By accessing, browsing and/or using LandBuyingandSelling.com and GettingToHome.com ("Site"), you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree, discontinue using the Site. The Site is owned and operated by Nancy Chadwick ("Chadwick). Chadwick reserves the right to amend the Terms and Conditions from time to time without notice and you are bound by any such revisions. These Terms and Conditions shall be interpreted, construed and governed by the laws of the Commonwealth of PA.
2. All of the content, text and images on the Site and all products offered for sale through the Site ("Content") are protected by copyright and other laws. Copyright and other proprietary rights may be held by individuals or entities other than or in addition to Chadwick. Except as specifically provided, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed or transmitted in any form or by any means, including electronic, mechanical, or photocopying, without the prior written permission of the holder of the underlying copyright. Chadwick reserves the right to amend the Content and prices from time to time without notice.
3. Purchase of Products
By purchasing or attempting to purchase a product on the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree, do not purchase or attempt to purchase a product on the Site.
A. Original Works of Art
As used in this Paragraph 3A, the term "original work of art" shall mean a work of art in its original medium (e.g., paint, pencil, pastel, fabric) and shall not include derivative products or images of works that are printed or reproduced in any manner (e.g., giclée prints, notecards).
(1) Shipment to buyer
Within five (5) business days of Chadwick's receipt of the full purchase price and shipping/handling fee paid by buyer, Chadwick shall initiate shipment of the original work of art to buyer via US Postal Service Priority Mail with Signature Confirmation to the mailing address provided by buyer at the time of the sale. Chadwick shall insure the shipment in an amount equal to the purchase price. Buyer authorizes any person at buyer's mailing address to receive and sign for the shipment.
(2) Damage during shipment to buyer
In the event that buyer claims the work is damaged, buyer shall file an insurance claim with the US Postal Service and comply with all of its requirements relating to insurance claims. Buyer shall NOT return the work to Chadwick or destroy the original container and packing/shipping materials, since doing so may result in denial of the insurance claim by the US Postal Service. Buyer shall be solely responsible for prosecuting the insurance claim. In the event the US Postal Service allows the claim, buyer shall be entitled to any compensation paid by the US Postal Service in connection with the claim. Buyer shall not be entitled to any refund from Chadwick regardless of whether the US Postal Service allows or denies the claim.
(3) Buyer's option to terminate sale
Buyer shall have a period of forty-eight (48) hours, calculated from the date the shipment is received and signed for at buyer's mailing address, to terminate the sale and be refunded the full purchase price less the shipping and handling fee paid by buyer at the time of sale ("Refund"). In order for buyer to be entitled to the Refund, the work must be undamaged when it is received by Chadwick, and buyer at buyer's expense must have, within the above 48-hour period:
a. initiated a return of the work to Chadwick
at the address set forth in Paragraph 4;
b. insured the return shipment in an amount equal
to the amount of the purchase price; and
c. shipped via US Postal Service Priority Mail
with Signature Confirmation.
No Refund shall be due buyer and the sale shall be final if buyer does not comply with the provisions of this Paragraph 3A(3). Chadwick's liability to buyer shall be limited to payment to buyer of the Refund if buyer elects to terminate the sale and complies with the requirements of this Paragraph 3A(3).
(4) Damage during return shipment to Chadwick
In the event the buyer complies with the provisions of Paragraph 3A(3), but the work is damaged when it is received by Chadwick, Chadwick shall file an insurance claim with the US Postal Service and comply with all of its requirements relating to insurance claims. Buyer shall cooperate with Chadwick as may be necessary under the claim procedures of the US Postal Service. Chadwick shall be solely responsible for prosecuting the insurance claim and shall be entitled to the compensation paid by the US Postal Service in connection with the claim. In the event the US Postal Service allows the claim and pays Chadwick an amount equal to the purchase price and shipping and handling fee paid by buyer at the time of sale, Chadwick shall issue a credit to buyer in that amount. In the event the US Postal Service denies the claim, buyer shall not be entitled to receive a credit from Chadwick.
B. Purchase of Heritage Giclée® Prints
All Heritage Giclée® prints offered for sale on the Site are produced, packaged and are shipped to buyer directly by Staples Fine Art, Inc. ("SFA") to the mailing address provided by buyer at the time of the sale. Buyer authorizes any person at buyer's mailing address to sign for the shipment. SFA has advised Chadwick that:
(1) Damage during Shipment to Buyer
The buyer/recipient should inspect the print before signing for the shipment. If the print is damaged, the buyer/recipient should refuse to accept and sign for the package from the FedEx driver. FedEx will return the shipment to SFA who will file a claim, and SFA will reprint buyer's order and send the new print to the buyer at no additional charge. However, if the buyer/recipient accepts and signs for the package and then claims that the print is damaged, buyer shall be solely responsible for filing a damage claim with FedEx and shall be entitled to any compensation paid by FedEx. In that event and regardless of whether FedEx allows or denies the claim, Buyer shall not be entitled to any refund from Chadwick and/or replacement print by SFA at no additional charge.
C. Purchase of Other Products
The provisions of this Paragraph 3C shall apply to all real estate and art-related products offered for sale on the Site except products sent to buyer by email and products specifically identified elsewhere in this Paragraph 3. Chadwick's liability to buyer shall be limited to replacement and reshipment of the product initially ordered by buyer in accordance with Paragraph 3C(1) below. Buyer shall not be entitled to any refund from Chadwick of the purchase price and/or shipping and handling fee paid by buyer at the time of the sale.
(1) Damage during Shipment to Buyer
In the event buyer claims a product arrived in damaged or defective condition, buyer shall at buyer's expense return the product together with the original container and packing/shipping materials by mailing them via US Postal Service First Class Mail to Chadwick at the address set forth in Paragraph 4. Once Chadwick receives the above material from buyer, if Chadwick determines that the product became damaged or defective in transit to buyer, Chadwick shall promptly replace and resend to buyer, at no additional cost to buyer, the product initially ordered by buyer.
4. Contact Information
The mailing address for Chadwick is the following:
Nancy Chadwick
Chadwick Real Estate Inc.
414 W. Main St., Suite 2D
Lansdale, PA 19446
5. Limitation of Liability
Content of the Site is provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE. Except as specifically stated in these Terms and Conditions, Nancy Chadwick will not be liable for damages of any kind, including without limitation, lost profits, consequential, incidental, or punitive, arising out of your use of the Site, its Content or products purchased on the Site. Chadwick has used reasonable efforts to ensure accuracy, correctness and reliability, but makes no representations or warranties as to accuracy, correctness or reliability. The Site provides links to other websites that are not controlled by Chadwick. Chadwick is not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. |
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All contents of site © 2008 Nancy E. Chadwick, all rights reserved
Chadwick
Real Estate • PA
License #RM061216B • 414 W. Main Street 2D • Lansdale,
PA 19446 (USA)
Nancy E. Chadwick, President & Broker • Phone: 215.368.4100 • Email: NChad72084@aol.com |
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