Last updated: April 20, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Maine, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Jackson’s Art IAS, LLC, 350 Kennedy Memorial Drive, Suite 2, Waterville, Maine 04901. Registered in and under the jurisdiction of Maine.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Italian Art Store, accessible from https://italianartstore.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Your Account
If you create an account on italianartstore.com, you are responsible for maintaining the security of your account. You are responsible for all activities that occur under the account and any other actions taken in connection with the account. You must take reasonable steps to guard the security of your account. We will not be liable for any acts or omissions resulting from a breach of security, including any damages of any kind incurred as a result of such acts or omissions. You are responsible for keeping your password secure.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: customerservice (@) italianartstore.com
Thank you for visiting the Italian Art Store website – we hope you enjoy your shopping experience with us. By browsing and purchasing items from this website you are automatically agreeing to the terms and conditions of the site as set out below. We therefore recommend that you read through these and contact us if you have any concerns regarding its content. If you do not agree to these terms and conditions use of our website is not permitted.
Pricing
We work out our prices without sales Tax. We then add sales tax to the cost of items for customers who need to pay it. This means that some of our prices are rounded to the nearest penny, and that occasionally, when buying large quantities of the same thing, items may appear to be an extra penny or two more expensive. For example, a half pan that retails for 20 cents including sales tax will actually be more like 20.01 cents. A customer ordering 100 of them will be charged $20.01 as a result. Please contact customer services if your order is affected. While we are unable to change this aspect of our pricing, we will be happy to remove the difference between the displayed price and the real price.
Lowest Prices on the Web Guarantee
At Italian Art Store we want to ensure our customers always get the best deal on their favorite art supplies. Our team regularly checks our online competitors' prices so that we can guarantee the lowest prices will always be found at Italian Art Store. We are happy to match other US online retailer’s prices for products we already carry, and in most cases we can even match competitors' promotions too.
To qualify, please contact us before placing your order, or if you’ve already placed your order and find the same product cheaper elsewhere, you can contact us within seven days of ordering and we’ll refund you the difference. The item must be the same product (including color and size), not part of a bundle, set, or pack, and it must be in stock and available for immediate delivery by an authorized US retailer. This excludes clearance items, auction sites, non-US owned websites, and promotions exceeding 45% discount of MSRP. The price match must include the delivery charge, exclude any personal discounts, and be verifiable by Italian Art Store.
Both Price Match options can be carried out at any of our shops or by contacting our Customer Service team. All prices listed on our website are inclusive of sales tax with the exception of sale tax exempt products such as books. If you are purchasing goods to be delivered outside of the state of Maine you are not required to pay sales tax and this will be removed from your order total during the checkout process.
Use of the Website
When registering as a customer and logging in you must ensure that all the information you provide is true and accurate and as complete as possible. You agree not to use a false name or register as someone else without that person’s prior knowledge and permission.
Please contact us if any of your personal data changes.
Copyright statement
All content (text and images) on Italianartstore.com is the property of Jackson's Art Supplies Ltd (UK). Permission is granted to reproduce text and images found on Italianartstore.com for personal and educational use only. Commercial copying, hiring, lending is prohibited. Any infringement of these rights will be investigated.
Our Rights
Italian Art Store reserves the right to modify or withdraw (either temporarily or permanently) any amount of the website with or without prior warning.
If modifications are made without prior notification to our customers, it is the responsibility of the customer to ensure that they are aware of such changes, and by continuing to purchase affected goods you are expressing your acceptance of these changes. If you do not agree to any change to the conditions then you must immediately stop using the website and contact us.
While Italian Art Store takes good care to maintain the highest of standards of quality in their products, it is the customers responsibility to ensure that the goods purchased are suitable for their particular requirements and that the goods arrive in an acceptable condition. Many of our products are made from natural substances whose behaviour can vary in different environments. Their structure can also vary according to the process used in their assembly. Italian Art Store strives to maintain consistency and continuity in these matters and in no circumstances will entertain claims for the value of work alleged to have been adversely affected by use of any our products which prove to be unsatisfactory to the user. Our liability is therefore confined to the value of the goods alone.
Italian Art Store will aim to minimise risk of damage to products in transit through wrapping and packing as securely as possible. There are rare occurrences when damage is incurred to orders in transit, and care must always be taken to open parcels so as to avoid spillages, further damage to goods and/or damage to other property (carpets/clothing etc). Damage caused as a result of ill considered parcel-opening methods will not be compensated for by Italian Art Store.
Order Processing
Contract Creation and electronic contracting
The technical steps required in creating the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acknowledgement email detailing the products you have ordered.
- As your product is shipped we will send you a dispatch confirmation email.
- The completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have changed or cancelled the order by contacting us within 24 hours of placing the order.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorization for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
All correspondence throughout the order process will be conducted in English.
Special Order Items
Some items listed on our website are marked as ‘special order’ items and such products are not kept at our warehouse/s. If you choose to purchase one of these items there is likely to be a delay on your whole order until the special order item has arrived from our suppliers.
The estimated delivery dates shown on the website are derived from the estimated date of the next delivery due from the manufacturer of the product. This does not guarantee that the manufacturer has sufficient stock of this item and will deliver the item on this date.
If you are looking for an item produced by a manufacturer that supplies other products that are for sale on our website, please get in touch as we may be able to special order the item in for you.
Credit/Debit Card Payment
We accept the following credit and debit cards as payment: Visa, MasterCard, Switch, Maestro, and Solo. We do not currently accept American Express.
Italian Art Store will take payment at the time of ordering (online). A refund and cancellation may be obtained at any time. If you are shopping from outside of the US, place your order and your credit card company will convert the transaction to your own currency. All transactions will be charged in USD and will be converted at the then current applicable exchange rate by your credit card company.
Sales Tax
Sales tax of 5.5% is due on orders delivered within the state of Maine.
Returns Policy
We are happy to issue credit notes or refunds for any items with proof of purchase from Italian Art Store that are returned in a saleable condition within 30 days of the receipt of your order. The return of such items is the full responsibility of the customer, and the goods must be securely packaged to ensure that they arrive back to us undamaged. Short-falls or order errors should be registered within 7 days.
Receiving Damaged Goods
Italian Art Store will aim to minimize risk of damage to products in transit through wrapping and packing as securely as possible. There are rare occurrences when damage is incurred to orders in transit. Care should be taken to inspect the package for signs of damage before opening, and care must always be taken to open parcels in appropriate locations so as to avoid spillages, further damage to goods and/or damage to other property (carpets/clothing etc). Italian Art Store will replace any goods damaged in transit but will not be held responsible for any secondary damage caused by those goods on arrival.
Damage caused as a result of ill considered parcel-opening methods, such as a long sharp blade through the box packing tape that cuts internal goods, will not be compensated for by Italian Art Store.
Discounts
We may be able to offer discounts on very large orders. Please contact customer service.
Descriptions of Products
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Color swatches that appear online will give a rough indication of the color of the art supply listed, however due to the differing settings of computer monitors it is impossible to rely 100% on the accuracy of the image as viewed on screen. It is the risk of the purchaser to order unfamiliar colors, and the costs of any returns are the responsibility of the buyer if the actual color is not appropriate for the customer's requirements. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted by us. We reserve the right to alter prices at any time. In the unlikely event that a price has been entered incorrectly on the website our customer service team will contact you as soon as possible to inform you of the correct price. You are under no obligation to continue with the order.
Gift Certificates
Gift Certificates will be coming soon.
