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Best Rate is the ground shipping charges are added for most items when you place your order based upon the size and weight of the item. Additionally, since the items you are acquiring from this site are of high quality, each item is packaged with care and given a declared value for your maximum protection.
Will Call & Delivery: If you are within the city of San Diego, we offer Delivery and Will Call service. You may select either Delivery or Will Call during the check out process. More detail about Delivery and Will Call procedures is described below.
Oversize shipping/Freight Service: If do not live within the city of San Diego and are interested in an item marked as Over sized, please call us or send us an email about the item before you check out so that we may obtain a quote for the freight service and the timing. Items listed as Oversize do not show any freight charges on the website since this requires extra particulars to find the best carrier based on your location. We will make arrangements for payment with you once you agree to the freight quote. Once you have agreed to pay for the freight service, you also agree to the terms of the freight service so that we may schedule these services.
Will Call: This option is available if you will be in the city of San Diego and would like to arrange to pick up some items offered on the site. Will Call should be scheduled within three days of your order. Please note that some items are available through www.HazArts.com through consignment arrangements and these items will not be available at our offices. Before you place your order call us and set up an appointment so that we can we can determine if picking up the item is an available option. If the item is available you may be able to pick it up at our office and you may check out through the site or pay for the item when you pick it up.
Delivery: If you are within the city of San Diego, you may place your order and request delivery. You will receive a confirmation email and another email with suggested delivery times. You may also ask us to bring items for you to shop at home. This option is only available within the city of San Diego. If you are in Southern California and would like to explore delivery options please contact us and the conditions for the Best Rate/Oversize will apply because we will need to obtain a quote for you based upon your location.
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All information on www.HazArts is opinion, however HDA will allow you to return an item for refund if it does not meet your expectations for a period of seven (7) days from the date of sale. If the item is not what you expected notify HDA within seven (7) days of receipt of the item. And follow the process below.
1. Contact HDA immediately by email: info@HazArts.com to let us know that you want to return the item. Take a digital photo of the item to verify its condition. You will package the item as it was packed when you received it – if possible in the same box using the same packing materials. We will tell you where to send it. We will confirm that there is a restocking fee if it is applicable.
2. Carefully pack, insure and ship the item to the address that HDA provides to you. Some items may be sent to other locations besides the Hazard Decorative Arts office so please be aware of this. Additionally, some Sellers charge a re-stocking fee up to 20%. Should a restocking fee apply, you would have been notified of this prior to your purchase in the item description.
3. Ship the item so that it arrives to the return destination seven days after you received it. (Example: you received it on the 10th and you shipped it back out by 3-day delivery on the 12th so it arrives to the proper address on the 15th --well in front of the seven day deadline).
4. Send an email to info@hazarts with the shipping carrier and tracking information as well as digital photos of the item taken before you packed it, so that we may track the items arrival and have a record of its condition.
5 Once the item is received at its destination you will be notified by HDA. We will issue a refund.
If you are concerned about the authenticity of an item, then you may return the item using the procedure as above within seven (7) days time.
Refunds shall not include costs of transportation, insurance, expert opinion or other expenses that may have been incurred by the buyer. It is the buyer’s responsibility to notify HDA in a timely fashion after receipt of the item(s) so that the property can be inspected within this seven (7) day time frame. Should the buyer not do so, or should the buyer request HDA or consignee to delay shipment, should he/she give an incorrect shipping address, or be unavailable to receive shipment, the seven (7) day time frame for the warranty shall still begin and apply adding no more than five (5) days for delivery past the order date.
Acceptance of any return for refund beyond seven (7) days is up to the sole discretion of HDA. After seven (7) days but before one (1) year, the buyer may submit, at his/her own expense, an opinion in writing from a recognized expert, approved by the HDA or the Seller, regarding authenticity. In the event the work is judged to be inauthentic by the expert, the work may be returned as long as it is returned in the exact same condition as it was sold to the Buyer at time of the sale. The buyer's full purchase price will be refunded. If provided, this limited right of rescission is available only to the original buyer and may not be relied upon by any heir, agent, transferee, assign, or other third party or assigned to any subsequent transferee of the Property which gives rise to the claim.
This policy may be updated from time to time and is part of the Terms of Use Agreement with each Buyer
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Hazard Decorative Arts Terms of Use AgreementClick Here for a PDF of this Terms of Use Agreement.
1. Acceptance of Terms
Welcome! Hazard Decorative Arts (“HDA”) provides it service to you subject to the following terms and conditions “Terms of Use”. We strongly recommend that you read this entire Agreement. You must read, agree with and accept all of the terms and conditions contained in this Terms of Use Agreement and the Privacy policy, which includes terms and conditions expressly set out below (and those incorporated by reference) before you may buy any products or become a User of The Site You must agree to these Terms of Use as a condition to purchase and you will be asked to affirm this each time you check out on the www.HazArts.com web site (the “Site”), a service of Happy Hazard, LLC d/b/a Hazard Decorative Arts. Your acceptance affirms that you agree to be bound by this Agreement. In addition, when using particular HDA owned or operated services, you and HDA shall be subject to any guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines, policies or rules are hereby incorporated by reference into this Terms of Use Agreement.
You also agree that the Terms of Use Agreement and Privacy Policy posted on the Site will govern your use of the Site.
This Agreement is effective on November 10, 2006 for current users, and upon acceptance for users who register after November 10, 2006.
2. Description of Service
Registering on the Site and purchasing listed items is free. We do charge posting or listing fees and a commission for selling items as a consignment service and other services. As a Buyer you have certain obligations. We may change our fees for our services and HDA policies from time to time. Our changes to these policies are effective after we provide you with at least 14 days notice of the changes by posting the change on our website.
HDA provides users with access to a rich collection of resources, shopping services, search services, and other content which may be accessed through a variety of mediums or devices now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements. You also understand and agree that the Service may include certain communications from HDA, such as service announcements, administrative messages and the articles or notices, and that these communications are considered part of HDA content and you will not be able to opt out of receiving them unless you opt out entirely. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new HDA properties, shall be subject to the Terms of Use. You understand and agree that the Service is provided "AS-IS" and that HDA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, profile information or preference settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Definitions
a. Your Information: The definition of Your Information is any information you provide to HDA in the registration or listing process, in any public forum or message area or through any Blog or email feature. You are solely responsible for Your Information and HDA acts as a conduit for a transaction and therefore may distribute Your Information to others in order to provide you with the Site services.
b. Seller: The definition of a Seller is either HDA or a consignee of HDA with merchandise that is posted on the site at the time of purchase by a Buyer.
c. Buyer: The definition of a Buyer is a person or corporate entity that completes the check out process. By going through the check out process and completing the transaction by clicking Pay Now at check out.
d. Restricted Activities: The definition of Restricted Activities includes providing, posting or advancing through Your Information or otherwise:
i..Any false, inaccurate or misleading; fraudulent, counterfeit or stolen items; infringing any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
ii.. Violating any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising; defamatory, trade libelous, unlawfully threatening or unlawfully harassing; obscene or pornographic Content;
iii. Viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
iv. Any posting, or material or content that create liability for HDA or cause HDA to lose (in whole or in part) the services of its ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services or could cause HDA to violate any applicable law, statute, ordinance or regulation, or that violates our current policies.
4. You agree and confirm that:
a.You are eighteen (18) years of age or older. If you are not 18 years of old or older you need permission from a legal guardian to use this site. Our services are available only to and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to children or persons under the age of 18 or to temporarily or indefinitely suspended Site users. If you are under the age of 18, you can use this service only in conjunction with and under the supervision of your parents or guardians. If you do not qualify, you are not authorized to use this site and please discontinue use immediately and discontinue any further future use.
b. You are responsible for any activity that occurs under your screen name. Your www.Hazarts.com account (including any content, which includes text, photos, profiles, audio or video links (“Content”) you provide), and your User ID may not be transferred or sold to another party.
c. You are responsible for keeping your password secure.
d. You will not abuse, harass, threaten, impersonate or intimidate other Site users and will not engage in any Restricted Activities.
e. You will not use the Site service for any illegal or unauthorized purpose. HDA does not ship internationally; however, users outside of the Unites States of America agree to comply with all governing local laws regarding online conduct and acceptable Content.
f. Your registration profile remains your own. You can remove your profile at any time by requesting HDA to delete your account. We do not provide you with the ability to Import items. Should you provide any Content to HDA for the Site you agree to allow registered users and others who visit the Site to view it. Further, you agree to allow HDA to display and store this Content or delete it. You are solely responsible for your conduct and any data, text information, screen names, graphics, or any Content that you submit or post or display on the Site.
g. You will not modify adapt or hack the Site or modify another website so as to falsely imply that it is associated with HDA or The Site. You will not make attempts to manipulate the price or interfere with other posted or user information. Your account will be terminated if it is used for or interferes with our hosting, graphic elements of web page designs, icons, photographic or other external website elements.
h. You will not create or submit unwanted email ("Spam") to any Site User(s).
i. You will not transmit any worms or viruses or any code of a destructive nature.
j. You will not, in the use of the Site, violate any laws in your jurisdiction.
k. Your account is intended for your personal use. You will not share your account with others. This Agreement may be assigned by HDA without the prior written approval of the Buyer or user.
l. If you are representing a business entity you acknowledge and accept that you are acting as a representative of that business and that the business entity is the party to this agreement and that you have the authority to bind the entity to this Agreement.
m. Violation of any of any of these conditions and agreements will result in the termination of your account. While the Site prohibits the above conduct and Content on it site, you understand and agree that despite the efforts of HDA that you may be exposed to materials or prohibited actions stated above. HDA reviews all of the material that goes on to the site but does not take responsible for all of the posted Content and your use of the Site website is at your own risk.
n. HDA reserves the right to modify or terminate the Site service for any reason, without notice at any time.
o. HDA reserves the right to alter this Terms of Use Agreement at any time. If the alterations constitute a material change to the Terms of Use Agreement, HDA will notify you via email according to the account information you provided in your Site profile. A material change will be determined at our sole discretion.
p. HDA reserves the right to refuse service to anyone for any reason at any time. Without limiting any other remedies, HDA may suspend or terminate your use if we suspect that you (by conviction, settlement, insurance or escrow investigation or otherwise) have engaged in fraudulent activity in connection with the Site.
q. HDA may, but has no obligation to, remove Content and accounts that are determined in our sole discretion, to not fit in with the scope of our site, is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Agreement Terms.
5. Additional Obligations of Buyers and Sellers
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and your posting, purchase, solicitation of offers to purchase, and sale of items.
As a Buyer you are obligated to complete the transaction once you click on the “Pay now” button during the check out process for the item on the Site. The Buyer and the Seller will be notified when the Buyer’s check has been received that the sale has taken place. Your purchase indicates that you agree to the purchase price, stated sales tax as applicable, shipping, insurance and handling charges as indicated on the check out section that you approved. Your agreement to purchase is indicated at the check out screen by clicking on the “Pay Now” button that interacts with the dedicated server.
Sellers are obligated to sell the items listed on the check out section once notified that the Buyer’s purchase has been verified and check is received within three days, unless the item has been inactivated due to a prior sale. Sellers are requested to ship the item to the user who purchased the item, in a prompt manner based upon the shipping options requested by the user/buyer. The Seller is obligated to process the order, ship the item and notify the Buyer of the tracking information after the sale.
6. Selling Descriptions
All measurements are close approximates and descriptions of weight include shipping materials. The items descriptions are rendered as opinions, including, but not limited to, specialist opinions as to authenticity. No warranty is made to cover any description that states there is a conflict of specialist opinion; any description that states "as-is" or "not guaranteed." Where possible, visible damage is shown in photographs. Ceramics and glass lots are represented as being free of major damage or repairs, unless otherwise stated. There is no warranty to cover flakes, surface scratches, crazing on glazed and painted pottery, base flakes (from grinding) or manufacturing flaws, including, but not limited to, clay separations, kiln flaws, stilt pulls; or nicks on pottery with embossed decoration. There is no warranty to cover worn antique items; all wood and hardware are represented as original, as are all markings, unless otherwise stated. The description of clocks and lighting devices may be incomplete and not identify every mechanical replacement, repair, or defect. The absence of reference to the condition of a clock or lighting device does not imply it to be without defects, repairs, restorations, or replacement parts. It is recommended that a qualified electrician check all electrical products for safety, before use. Any warranties stated above do not cover typographical errors. This disclaimer of liability on our part applies whether the information is included in the website, advertisements, announcements, or communicated through our representatives, bills of sale, or elsewhere, and whether written or oral.
7. Shipping
Most items are available for ground shipping. Some items may be listed as over size and/or are not be available for ground shipping. These items will be identified in the descriptions with the pertinent information relevant to the delivery method provided to the buyer. For items marked “Oversize” Buyer’s are requested to contact HDA to make special delivery arrangements before processing the order for full disclosure of the freight or delivery expenses. Buyer’s acceptance at the check out indicates his/her agreement to all delivery costs and terms for items that require Freight or Delivery services.
8. Return Policy
We hope that you are happy with our services. In the event a dispute arises between you and HDA please email us at info@HazArts.com and we will work quickly towards a solution. This policy may be updated from time to time and updates will be updated as part of this Agreement and will be posted on the Policies page.
All information on www.HazArts is opinion, however HDA will allow you to return an item for refund if it does not meet your expectations for a period of seven (7) days from the date of sale. If the item is not what you expected notify HDA within seven (7) days of receipt of the item. And follow the process below and/or posted on our Policies page.
Refund Process
1. Contact HDA immediately by email: info@HazArts.com or calling 619.794.2781 to let us know that you want to return the item. Take a digital photo of the item to verify its condition. You will package the item as it was packed when you received it – if possible in the same box using the same packing materials. We will tell you where to send it. We will confirm that there is a restocking fee if it is applicable.
2. Carefully pack, insure and ship the item to the address that HDA provides to you. Some items may be sent to other locations besides the Hazard Decorative Arts office so please be aware of this. Additionally, some Sellers charge a re-stocking fee up to 20%. Should a restocking fee apply, you would have been notified of this prior to your purchase in the item description.
3. Ship the item so that it arrives to the return destination seven days after you received it. (Example: you received it on the 10th and you shipped it back out by 3-day delivery on the 12th so it arrives to the proper address on the 15th --well in front of the seven day deadline).
4. Send an email to info@hazarts with the shipping carrier and tracking information as well as digital photos of the item taken before you packed it, so that we may track the items arrival and have a record of its condition.
5 Once the item is received at its destination you will be notified by HDA. We will then issue you a refund.
If you are concerned about the authenticity of an item, then you may return the item using the procedure as above within seven (7) days time.
Refunds shall not include costs of transportation, insurance, expert opinion or other expenses that may have been incurred by the buyer. It is the buyer’s responsibility to notify HDA in a timely fashion after receipt of the item(s) so that the property can be inspected within this seven (7) day time frame. Should the buyer not do so, or should the buyer request HDA or consignee to delay shipment, should he/she give an incorrect shipping address, or be unavailable to receive shipment, the seven (7) day time frame for the warranty shall still begin and apply adding no more than five (5) days for delivery past the order date.
Acceptance of any return for refund beyond seven (7) days is up to the sole discretion of HDA. After seven (7) days but before one (1) year, the buyer may submit, at his/her own expense, an opinion in writing from a recognized expert, approved by the HDA or the Seller, regarding authenticity. In the event the work is judged to be inauthentic by the expert, the work may be returned as long as it is returned in the exact same condition as it was sold to the Buyer at time of the sale. The buyer's full purchase price will be refunded. If provided, this limited right of rescission is available only to the original buyer and may not be relied upon by any heir, agent, transferee, assign, or other third party or assigned to any subsequent transferee of the Property which gives rise to the claim.
9. Security Interest
As security for full payment to HDA and/or Seller of all amounts due, the Buyer grants HDA the right to retain a security interest in the Property purchased by Buyer and in any other property or money of Buyer in HDA’s possession or coming to HDA’s possession (collectively, "collateral.") When no collateral is in HDA’s possession Buyer shall provide collateral to HDA. HDA shall have the rights of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest in the Property or other collateral will cease when the Seller has received due payments for the purchased property and the property is physically delivered to the Buyer or the Buyer’s agent
10. Restricted Activities
You shall not engage in any of the Restricted Activities as defined above in whole or in part. Any such actions by your part will be a breach of this Agreement and may result in legal liability for damages to other Users, to HDA or Sellers and result in financial loss and civil or criminal prosecution.
Much of the information on the site is updated on a real time basis and is proprietary or is licensed to HDA. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure such as copy reproduce, modify create derivative works from distribute or publicly display any Content except for Your Information from the Site without the prior express written permission of HDA and the appropriate third party as applicable. You further agree not to interfere or attempt to interfere with the proper workings of the Site or any activities conducted on the Site or bypass our robot exclusion headers or other measures HDA may use to prevent unauthorized access to the site.
11. License
Solely to enable HDA to use Your Information and when you give us Content, so that we are not violating any rights you might have in that Content or information, you agree to grant us a non-exclusive, worldwide, irrevocable royalty-free, sub-licensable (through multiple tiers) right, through your use of the Site and for fifty (50) years beyond the duration of your use, to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information and the Content, in any media now known or not currently known to you. HDA will use Your Information in accordance with our Privacy Policy.
12. Termination and Breach
This Agreement shall terminate upon the death, bankruptcy or dissolution of the User. Without limiting other remedies, HDA may limit your activity, warn our community of your actions issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the Site and refuse to provide our services to you if:
a. You breach this agreement or the documents it incorporates by reference.
b. We are unable to verify or authenticate any information you provide to us.
c. We believe that your actions may cause financial loss or legal liability for your, our users or HDA.
13. Privacy
We only use your information as described in the Privacy Policy. We view protection of your privacy as very important. You agree that, with respect to Sellers use of your information or through a related communication or facilitated transaction, that the Seller is granted a license to use Your Information for the communications related to a purchase transaction. Once a Buyer has purchased an item from a Seller, the Buyer may request to opt out from the Sellers mail list (email or physical mail) after the transaction. If Buyer does not wish to receive promotional items, spam or commercial information without your express consent notify the Seller directly to further prevent Seller from using Your Information.
We store and process your information on computers that are protected by physical as well as technological security devices. If you object to your information being transferred or used in any way please do not use the www.HazArt.com site.
Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
14. NO WARRANTY
HDA, OUR SUBSIDIARIES, OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HDA, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
15. Liability Limit
IN NO EVENT SHALL HDA, OUR SUBSIDIARIES, OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OUR SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). ?OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
16. Indemnity
You agree to indemnify and hold HDA and (as applicable) our subsidiaries, officers, directors, affiliates, managers, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any laws or the rights of a third party. If you have a dispute with one or more users, you release us (and our officers, members, managers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
17. No Agency
Your and HDA are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
18. Notices
Except as explicitly stated otherwise, any notices shall be given by regular postal mail to Hazard Decorative Arts, 1824 Sunset Blvd. San Diego, CA 92103 or to you at the email address you provided during the registration process on the Site (or as subsequently updated by you). Notices by email shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you provided through the Site during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
19. Resolution of Disputes
We hope that you are happy with our services. In the event a dispute arises between you and HDA please email us at info@HazArts.com and we will work quickly towards a solution.
20. Disclosures
The services hereunder are offered by HDA. You may have this Agreement emailed to you in PDF format upon request to Hazard Decorative Arts, 1824 Sunset Blvd., San Diego, CA 92103 or by emailing info@HazArts.com.
21. Waiver and Severability
A waiver of any breach of the provisions of the Agreement shall not be considered to be a continuing waiver of other breaches of the same or other provisions hereof. If any section of this Agreement is held to be invalid the remaining sections of this Agreement will not be affected.
22. Choice of Law and Attorney’s fees
This Agreement shall be construed in accordance with the laws of the State of California and all litigation shall be brought in the courts of that state or province. The prevailing party will be entitled to have the non-prevailing party pay all costs and expenses, including reasonable attorneys fees, at trial and on appeal, incurred by the prevailing party in enforcing this Agreement.
23. Entire Agreement
This Agreement contains the entire Terms of Use Agreement between the parties and shall supersede any and all other agreements between the parties. The parties acknowledge and agree that neither of them has made any representations, including the execution and delivery hereof, except such representations as are specifically set forth herein or referenced as policies herein and each of the parties acknowledges that he/she/it has relied on his/her/its own judgment in entering into this agreement. The parties further acknowledge that any statements or representations that may have been made to each other prior to this Agreement are void and of no effect and that neither of them has relied thereon in connection with his/her/its dealings with the other.
24. This Agreement is an electronic contract that sets out the legally binding terms of your use of HDA Websites. You accept the Agreement and the terms, conditions, and notices contained or referenced herein by clicking on the "I Accept" button in connection with your check out process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. When you click on the "I Accept" button during check out, you also consent to having the Agreement provided to you in electronic form.
You have the right to receive the Agreement in non-electronic form and may request a non-electronic copy of the Agreement before or after you electronically sign the Agreement by submitting a request to HDA. You also have the right, at any time, to withdraw your consent to have the Agreement provided to you in electronic form. Should you choose to withdraw your consent to have the Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have any rights to account unless and until we issue you a new username and password. We will only issue you a new username and password after we receive a signed copy of a non-electronic version of the Agreement, which we will send to you upon written request. To withdraw your consent and/or request a non-electronic copy of the Agreement, please send a letter and self-addressed stamped envelope to: Hazard Decorative Arts, 1824 Sunset blvd. San Diego CA 92103. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Prior to such effective date, the Agreement electronically signed by and provided to you will remain legally valid and enforceable. In order to access and retain the electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any charges associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web (e.g., a computer and modem or other access device). Please print a copy of this Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program.
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Hazard Decorative Arts Privacy Policy
Effective Date: November 10, 2006
What This Privacy Policy Covers
This privacy policy pertains to the use of the web site at http://www.HazArts.com (the “Site”). This privacy policy covers how the Site treats personal information that is collected and received through the Site. Anyone under 18 years of age is not permitted to use the Site services on their own, and so this privacy policy makes no provision for the use of the Site for anyone who is not in compliance with our Terms of Use or of legal age. If you have questions or concerns regarding this statement, you should first contact info@HazArts.com.
Information Collection and How it is Used
General Information: The site collects personal information when you register with the Site to use services. When you register we ask for your email address and very basic location information for the purpose of processing a purchase and shipping materials to you from Hazard Decorative Arts (“HDA”) or companies who post items on the Site who have a consignment arrangement with HDA. HDA and consignees who sell products by posting them on the site are referred to as “Sellers”.
If you would like to obtain a Seller account, we will ask for more information to qualify you before allowing you to post items to the Site. The site automatically receives and records information on our server logs from your browser, including your IP address, cookie, and the page you request. ?The site uses information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, research, and anonymous reporting. Your browser automatically reports IP Addresses each time you view a web page. Your IP address is stored in our user registration databases when you register with the site. IP addresses may be used for various purposes, including: to diagnose or service technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP; to estimate the total number of users visiting the site from specific geographical regions; and for other identity verification during contests or promotions.
Announcements
We will send you a number of emails through the use of our services. We will send you a welcome/confirmation email when you sign up for our services. We will send you confirmation emails when you have purchased items and shipping information as it is in transit to you. Receipt of these emails is required for using our services.
We may also send you promotional announcements when we issue press releases, publish articles or add a new service to our site. We ask you for your permission to send you materials on our account set up page. If you have initially set up your account to obtain promotional announcements and materials but wish to discontinue receipt of these items, you may opt out.
Generally, you have the option to deactivate your account or to restrict communication to only those that may be required in order to use the services of the Site by emailing info@hazarts.com from the email address you signed up with.
Choice/Opt-out
If you no longer wish to receive communications, you may opt-out of receiving them by emailing us at info@HazArt.com
Cookies
A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computer and stored on your computers hard drive. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you will not be able to use the Site services that require you to "sign in," and you may not be able to take full advantage of the Site service. The Site uses its own cookies for a number of purposes, including to: Access your information when you "sign in"; keep track of preferences you specify while you are using the Site's services; display the most appropriate advertising banners, based on your interests and activity on the Site; estimate and report our total audience size and traffic; conduct research to improve the site's content and services. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.
Information Sharing and Disclosure
When you post a message, your site ID or alias that you are posting under is visible to other users. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. The site may be required to disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the site Terms of Use Agreement. The site may share demographic information with business partners, such as "53% of users who regularly visit an artists biography purchase the artists work. No personally identifiable information will ever be used without your permission.
It may be necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Site's Terms of Use, or as otherwise required by law. We will transfer information about you if the Site is acquired by or merged with another company. In this event, HDA will notify you by email or by putting a prominent notice on the Site before information about you is transferred and becomes subject to a different privacy policy.
The site does not rent, or sell, personal information about you. The site does share your email address and/or shipping address to provide Sellers your order information so you receive the products or services you've requested or when we have your permission. By entering into our Terns of Use Agreement, you agree that, with respect to Sellers use of your information or through a related communication or facilitated transaction, that the Seller is granted a license to use such information for the related communications.
Once a Buyer has purchased an item from a Seller, the Buyer may request to opt out from the Sellers mail list (email or physical mail) especially if you do not wish to receive spam or commercial information without your express consent. You should notify the Seller of your request directly.
You are not licensed to add a Site user to your mailing list (email or regular) if you have not entered into a transaction with a Buyer. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.
Blog
If you use a Blog on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
Editing and Deleting Account Information
You can change your site Account Information (except your user name), at any time. We may send you certain communications relating to the site service, such as service announcements and administrative messages, that are considered part of your site account. You can delete your Site account at any time by emailing info@hazarts.com; however, please note that your identification, contact, billing and order history may remain in the Site's records for a lengthy period of time related to maintenance of accounting or other generally accepted record keeping protocols.
Your site Account Information is password-protected. In certain areas, the site uses SSL-encryption to protect data transmissions.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on your member account page or by emailing our Customer Support at info@hazarts.com or by contacting us by telephone or postal mail at the contact information listed below.
Security
The security of your personal information is important to us. When you enter sensitive information (such as credit card) on our order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. We do not keep any records of your credit card data on our servers or in any physical format. This requires you to enter credit card data for each purchase you make on our site but this enables us to pass the information through without compromising your information and reduces the risk to you and to HDA. While we strive to use this system and commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can send email us at info@hazarts.com.
Changes to this Privacy Policy
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage.
Questions If you have questions or suggestions you can contact us at: Hazard Decorative Arts - Privacy Policy 1824 Sunset Blvd. San Diego, CA 92103 619.794.2781 email: info@hazarts.com
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