Terms & Conditions

 

Terms and Conditions

Last updated: July 3rd, 2023

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: Colorado, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Amalgam Arts Galleria.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Goods refer to the items offered for sale on the Service.

  • Orders mean a request by You to purchase Goods from Us.

  • 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 Amalgam Galleria, accessible from http://www.amalgamgalleria.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.

Registration for an Account

To enjoy all the benefits of the Services, you must register for an account (an "Account"). Simply answer our profile questions, use your valid email address and create a password to register your profile. You have the option to make one-time purchases or to sign up for one or more subscriptions through the Site ("Subscriptions"), and if you elect to sign up for a Subscription, we will charge your credit card on a recurring basis per the subscription plan you signed up for, as described below. We offer different types of Subscriptions; descriptions and specific terms for each type are available on our FAQ section. All information that you provide to register with Amalgam Galleria is subject to Amalgam Galleria’s Privacy Policy. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You can delete your Account by emailing galleria@amalgamart.space.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Third Party Services

The Services may permit you to link to and otherwise interact with other websites, services or resources on the Internet, and other websites, services or resources may contain links to and interact with the Services. When you access third party resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Any such use does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 website or resource.

Payments and Billing

  1. Purchases and Paid Subscriptions. Certain of our Services include offering you Products and gift cards for purchase through the Site, and the ability to sign up for Subscriptions. Please note that any payment terms presented to you in the process of you placing an order through the Site or by signing up for a Subscription are deemed part of this Agreement.

  2. Billing. We use a third-party payment processor (the "Payment Processor") to bill you for your orders made through the Site and, if you are a subscriber, the charges for any shipments we send you in connection with your Subscription. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to place an order through the Site or by signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for your order and/or for any shipments we send you in connection with your Subscription in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. You may change your Payment Method at any time through your Account. We reserve the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment from you. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts owed by you to Amalgam Galleria upon demand.

  3. Recurring Billing for Subscription. If you sign up for a Subscription you will be charged per billing cycle or for each shipment that we ship to you. INSTRUCTIONS FOR OPTING OUT OF EACH SUBSCRIPTION TYPE, IF ANY, MAY BE FOUND ON OUR FAQ SECTION. BY CHOOSING TO SIGN UP FOR A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS A RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES INCURRED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION OF YOUR SUBSCRIPTION. CANCELLATION OF YOUR SUBSCRIPTION WILL NOT AFFECT CHARGES INCURRED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION DATE. The effective date of cancellation of your Subscription will be the first day after you submit your cancellation request. The deadline to opt out of receiving your Subscription for any given month is 24 hours before your next billing date cycle and may in some cases be earlier then your next billing cycle. In which case you can opt out of the final month of your Subscription at the time you request cancellation. As an illustration, if your next billing date is January 1, you must submit a cancellation request on December 30 or earlier. Your cancellation will be effective on December 31, and you will not be charged or receive a Subscription for January. However, if you submit a cancellation request on January 1, your cancellation request will likely be effective on January 2, and you may still be charged and sent a Subscription for January, since the cancellation deadline for January has passed. Each month, you will be charged before the Subscription is shipped, unless you cancel the Subscription for the given month in accordance with the Terms of Service.

  4. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY LOGGING INTO YOUR ACCOUNT SETTINGS. IF YOU ARE A SUBSCRIBER AND FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION UNLESS AND UNTIL YOUR SUBSCRIPTION TERMINATES, PROVIDED THAT YOU WILL NOT BE CHARGED FOR ANY MONTH THAT YOU HAVE OPTED OUT IN ACCORDANCE WITH THESE TERMS OF SERVICE.

  5. Change in Charges. Amalgam Galleria reserves the right to change the Charges for our Subscriptions at any time, in our sole discretion, with at least thirty (30) days advance notice to you. Notice will be provided via email. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred by you or under your Account and submit them as one or more aggregate charges during or at the end of each billing cycle.

  6. Auto-Renewal for Subscription. If you sign up for a Subscription, your Subscription will automatically renew each month for successive one month or quarterly terms, until you cancel your Subscription.

  7. Cancellation of Subscription. YOU MAY CANCEL YOUR SUBSCRIPTION BY LOGGING IN AND VISITING THE "MEMBERSHIPS" TAB OF YOUR ACCOUNT, THEN CLICKING "CANCEL SUBSCRIPTION." MAKE SURE TO CLICK THROUGH TO CONFIRM YOUR CANCELATION. ALTERNATIVELY, YOU CAN PROVIDE NOTICE TO AMALGAM GALLERIA BY EMAILING US AT GALLERIA@AMALGAMART.SPACE AND STATING YOUR NAME AND THAT YOU ARE CANCELING YOUR SUBSCRIPTION, OR WORDS OF SIMILAR EFFECT. Your cancellation will be effective as of the first day after you submitted your cancellation request. After your cancellation request, you may still be charged for any shipments that you receive if you fail to submit a cancellation request 24 hours before your billing date cycle. If you cancel your Subscription, Amalgam Galleria will not automatically renew your Subscription thereafter.

  8. Reaffirmation of Authorization. If you are a subscriber, your non-cancellation of your Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Charge each month, unless you have opted out for a given month, when applicable. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially signed up for the Subscription.

  9. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a paid subscription service from Amalgam Galleria must be used within the specified time of the trial. You must cancel the trial service from Amalgam Galleria before the end of the trial period in order to avoid becoming a paid subscriber and being charged for that paid Subscription service. If you cancel prior to the end of the trial period and are inadvertently charged, please contact us at galleria@amalgamart.space.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability

  • Errors in the description or prices for Goods

  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

  • The supply of Goods made to Your specifications or clearly personalized.

  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.

  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to reoccurring and/or one-time payment(s). Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Free Downloadable Content

Notes for Users

  1. While Amalgam Galleria and Amalgam Arts have granted you permission to download the content for free, we hold the right to request your personal information in exchange. By downloading the free content you are opting in to providing us your name and email for the downloadable content.

  2. In making the image accessible, Amalgam Galleria or Amalgam Arts does not grant the user an exclusive right to use or reproduce such image or work of art.

  3. As a courtesy to Amalgam Arts and to enable others to identify and locate information about its collections, we encourage users to include the following credit with any use of one of its downloadable content: Courtesy of amalgamgalleria.com

  4. Users may not suggest or imply that Amalgam Galleria or Amalgam Arts endorses, approves, or has participated in any projects utilizing images obtained from Amalgam Galleria or Amalgam Arts.

  5. If you have any questions, please contact us at galleria@amalgamart.space

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 these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall 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 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: galleria@amalgamart.space