Shipping & Returns

Terms of Sale

OVERVIEW

Thank you for visiting www.offthewallartect.com website (the “Site”).  Off the Wall Art etc values its relationship with its customers, so these Terms of Sale are provided to ensure clarity in the relationship and ease of transaction making.  The following, along with the Conditions of Use and Privacy Policy, are terms of legal agreement (the “Terms”) between you and Off the Wall Art etc.  By making a purchase on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale and the Terms, and to comply with all applicable laws and regulations.  If you do not agree to these terms, please do not use or make a purchase on the Site.

All transaction will be governed under the general commercial laws of the State of New Hampshire as supplemented or modified by this agreement, without regard to conflict of law principles.  Off the Wall Art etc will accept your order only if (1) you accept the terms of these Terms of Sale (“TOS”), (2) the product is available, and (3) you provide a valid and verifiable ship-to address.  Off the Wall Art etc reserves the right to cancel your order in its sole discretion, for any reason.

Confirmation of receipt of your order does not constitute acceptance of your order; your order is accepted only when you receive confirmation that you order has been shipped.  The TOS including associated warranty statements or attachments are the complete agreement between you and Off the Wall Art etc regarding your purchase of products and replaces any prior oral or written communications between you and Off the Wall Art etc.  Any additional or different terms in any order or written communications from you are void.  If there is a separate commercial agreement in effect between you and Off the Wall Art etc signed by both parties, then the terms of the commercial agreement govern this transaction.

PRICES

The prices displayed on the Site are quoted in US dollars and are valid and effective only within the United States, and such prices do not include shipping and handling which will be added to your total invoice price.

If a product is quoted at an incorrect price due to typographical error or error in pricing information: 1) Off the Wall Art etc has the right to refuse or cancel any orders placed for the product quoted at the incorrect price, even if Off the Wall Art etc has confirmed the receipt of your order and charged your credit card, debit card, or PayPal account; and 2) if Off the Wall Art etc has charged you but subsequently cancelled you order, Off the Wall Art etc will promptly issue a credit to your payment account for the amount charged.  No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.  Once accepted, orders for custom and made to order items may not be cancelled.

PAYMENTS

Off the Wall Art etc provides two options for third-party payment methods, PayPal and Credit Card only purchases.  You can find out more about PayPal at www.paypal.com.  When you order something from the Site, you will be asked to setup an account on the Site and, if you do not already, on PayPal if choosing that form of payment.  The information you provide during the account setup process will be used to process your order and payment, and for related purposes.  For additional information, please read our Privacy Policies and PayPal’s Privacy Policy.  Off the Wall Art etc accepts payments only described above.  Payments must be received at time of purchase.

PROTECTING CHILDREN

We take special care to protect the safety and privacy of children.  Our Site is for general audiences and we do not permit children under the age of 18 to purchase products.  If you are under 18 you may purchase from www.offthewallartetc.com only with the involvement of a parent or guardian.  However, Off the Wall Art etc does not wish to collect any personal information (or any information at all) from any persons under 13 years old.  If you are under 13 years old you may not use the Website.

SHIPPING

To serve our customers the best, Off the Wall Art etc works with multiple suppliers, manufacturers and warehouses.  As different types of products are often shipped from different locations, shipping charges may vary.  Orders of $150 or more will only qualify for free shipping if all the items are coming from the same supplier or warehouse.  If items are coming from multiple suppliers or warehouses multiple shipping charges will be assessed and the order may not qualify for the free shipping.  Free shipping offer is only valid in the Contiguous US to the same address.

An estimate of shipping time is provided for your convenience when your order is processed.  Your products will be shipped via FedEx, UPS or USPS depending on weight, size and cost of shipping to the Contiguous United States and via United States Postal Service Ground Service to Alaska and Hawaii.  To learn more about FedEx shipping, please visit www.fedex.com.  To learn more about UPS shipping, please visit www.ups.com.  To learn more about United States Postal Service shipping, please visit www.usps.com.  Please allow up to two weeks for your order to be shipped.  During holidays it may take longer.  If shipping is expected to take more than two weeks, as with custom orders, the product description on the Site will reflect this.  All shipping depends on where it is being shipped to.  The following are days that shipments will not be shipped by our suppliers:

• Thanksgiving – November 22, 2018
• Christmas – December 24 & 25, 2018
• New Years – December 31, 2018 & January 1, 2019

Please note that you will need to check with FedEx, UPS, and USPS websites for the guaranteed delivery dates.

For Christmas Delivery our recommendation is to have orders placed by December 15^th (for in stock non-custom ordered products).  We are not responsible for delivery of the packages, the carrier is!  Therefore, we cannot guarantee anything, we are only able to give you the best information we have based on what is provided to us by each carrier.

Please note that the information given is this section is based on the orders being placed at our website before 7 a.m. EST so that the orders can be processed as quickly as possible.

The suppliers for Off the Wall Art etc go to great lengths to package their products to protect them from damage during transit; however, Off the Wall Art etc cannot be responsible for damage that occurs during the shipping process.  If any cartons are missing or damaged be sure to note this on the freight bill.

For UPS shipping:  If you notice concealed damage after the driver has left, keep all the packing and call UPS to return and inspect the damage and file a claim, or fill out a claim form on UPS website section entitled “File a Claim”.

For United States Postal Service:  Claims based on damage during shipping are based on the method used for shipment.  Off the Wall Art etc encourages anyone placing an order over $75 to insure it.  In the event you have a claim, you may refer to the USPS website for information on claims under “Mail & Ship/Claims & Refund”.

RETURNS AND EXCHANGES

Off the Wall Art etc accepts returns of products for exchange or refund in the case of defects, damage incurred during shipping and handling, or shipping of wrong product.  Prior to returning a product or receiving a replacement product, you must obtain a Return Authorization Number (RMA).  To obtain an RMA please contact offthewallartetc@gmail.com (with “RETURN” in the subject line) within 24 hours of merchandise receipt and include the following information:

1)      Order Number

2)      Description of the product you wish to return or exchange

3)      Whether you wish to return or exchange

4)      In case of an exchange, what product (of equal value) would you like as a replacement

5)      Reason for seeking a refund or exchange

6)      If your reason for seeking a refund or exchange is due to damage to the product incurred during shipping and handling process, please attach photograph showing the damage and indicate whether a claim has been filed

Shortages or Damaged Goods:

Open boxes immediately upon receipt.  Contact Off the Wall Art etc at offthewallartetc@gmail.com or by phone at (603)775-3693 to obtain an RMA.  Hold goods in original cartons and packaging.  For obvious external damage (cardboard dented, corners crushed, carton gouged, tape/seal broken, footprints, etc.) rattling or an Impact Indicator showing probable internal damage, open carton in the presence of the driver and instruct him/her to note damage in their log.  Claims will not be honored if reported 72 hours after the receipt of goods.

Receipt of Goods via Common Carrier:

All packages and merchandise must be inspected thoroughly by buyer in front of the driver before signing the delivery receipt.  By signing the DR, or Delivery Receipt, buyer is verifying that the merchandise was received in good condition.  Buyer must note significant details on the DR before signing, not limited to whether the shrink wrap is broken or missing from the palletized shipment, whether the merchandise is still palletized or delivered loose and/or whether cartons look distressed in any way (cardboard dented, corners crushed, cartons gouged, tape/seal broken, footprints on the box, etc.).  Buyer must not rely on verbal report to the driver.  This action will prove to be invaluable if merchandise has been damaged in transit and the damage is not immediately apparent.  Failure to perform this duty may result in the rejection of damage claims.

Item Changes:

Suppliers will occasionally make design changes which may include variations in color, shape and size.  Catalog photographs, artist sketches and specifications may vary from actual product.  Color variations are an expected occurrence and not a reason to invalidate a purchase, waive restock fees or reduce compensation due for merchandise.  Due to the variances in computer monitor colors we can not guarantee the color of the product images you view on your monitor will appear the same in person.

If you are returning a product for any other reason, it must be in the same condition in which you received it when it is returned; including return of 1) all original contents, 2) the original packaging, and 3) the original invoice or receipt.  Refunds will be issued after receipt of returned product.  Any restocking fees will be assigned against credit.

Once a return is authorized please follow directions provided with RMA on how to return.

1)      Return to Address provided

2)      Write the Return Authorization Number (RMA) clearly on the outside of the box or package

3)      Keep your shipping records as proof of shipment in the event of loss of returned merchandise.  Returns shipped via US Postal Service (USPS) or with a value of more than $75.00 should be insured.  We cannot be held liable for return merchandise that does not reach the appropriate destination.

If you are exchanging the product please allow 3-5 weeks to receive your replacement product, based on product availability.  We will not pay for shipping of returned products unless the return is the result of our error.

Custom orders and merchandise under $25.00 may not be returned for any reason.  Custom produced merchandise including, but not limited to, Frames, Mirrors, Molding, Custom Valances, and Oil Paintings are not returnable for credit, unless special authorization is obtained.

Unauthorized returns will warrant neither credit nor refund.

All sales are final 30 days after delivery unless returned or exchanged as described above.

LIMITED WARRANTY AND LIMITATION OF LIABILITY

Off the Wall Art etc warrants that its products shall be free from defects in material and workmanship, under normal use and service, upon receipt.

Off the Wall Art etc will, as described above, refund the purchase price or exchange the product, which arrives with defects in material and workmanship.  No charge will be made for shipping or other costs with respect to defects covered by this warranty.

To obtain protection under this warranty, you must follow the procedures described above under “Returns and Exchanges”.

Specifically excluded from this warranty are any claims arising because of improper application, use, neglect, abuse, unauthorized modifications, improper storage conditions, lightning, natural disasters, or other mistreatment of the products.  The warranty does not cover parts that are subject to normal wear and tear nor changes in color from cleaning agents, sunlight, or weathering over time.  Off the Wall Art etc, its affiliates, suppliers and subcontractors will not be liable under any circumstances for any consequential, incidental, special, punitive, exemplary or other damages (including, but not limited to, damages resulting from commercial or economic loss) or costs and expenses (including, but not limited to, attorneys’ fees and litigation costs), incurred as a result of any claim whether based on breach of warranty or otherwise.

In no event shall the liability of Off the Wall Art etc exceed the cost of replacing the product which gave rise to any claim or refunding the purchase price of the product which gave rise to any claim.

The warranty set forth herein is in lieu of all other warranties, whether expressed, implied, or statutory, including, but not limited to, any warranty or merchantability or fitness for a purpose.

No attempt to alter, amend or extend this warranty and limitation of liability shall be effective unless in writing and signed by an executive office of Off the Wall Art etc.

Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

DISPUTES

You agree that these TOS and your purchase of products from Off the Wall Art etc are governed by the laws of the State of NH, without regard to the conflict of law principles.  If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Policy Changes

We reserve the right to change our policy in whole or in part at any time.  In so doing, we will inform you by posting a revised date on the website.  The new policy will apply to all current and past users of our website and will replace any prior policies.  Questions regarding this Policy or the practices of the website should be directed to Off the Wall Art etc Administrator by emailing offthewallartetc@gmail.com or by certified mail addressed to the following: Off the Wall Art etc, 26 Pleasant View Dr Exeter, NH 03833

This policy was posted in Sep 2018.

Last revised: September 4, 2018