The following is the terms of the agreement between Keni Arts Int’l [‘Company’] and the buyer [‘Buyer’] of goods (tangible, digital or virtual) or services through Company’s Website (keni.com). You must agree to these terms before proceeding to make a purchase. Please review this carefully.
INTRODUCTION
Buyer agrees to the terms and conditions outlined on this Online Contract [‘Contract’] with respect to the goods, services and information provided by or through the site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
Artwork
All artwork purchased on this site is a one-of-a-kind original. Different electronic screens (computer, tablet, mobile, etc.) may show color differently. The true color of artwork seen here may not match exactly what you view on this site. All paintings and drawings, unless otherwise noted, are sold unframed. Allow up to 3 weeks shipping within the United States. International shipping will vary.
COPYRIGHT © Keni Arts
The content (artwork and text), organization, gathering, compilation, translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a Buyer or site visitor of any such content or any part of the Site is prohibited. The exception is the use of social media icons/links used throughout this site.
Artwork Size
The ‘Painting Size’ or ‘Drawing Size’ designation indicates the approximate size of the artwork. The mat will likely cover some or all of the outer edges of the artwork. Therefore, the viewing area of the artwork might be smaller than the size designation. Exact measurements may not be possible. The artist often vignettes his artwork. Therefore, the borders of the artwork are often uneven.
SETUP AND PAYMENT
Credit card or Paypal payment is facilitated by Mijireh or Paypal on their secure server. Keni Arts does NOT collect any credit card information.
Buyer represents and warrants that [1] the credit card or financing institution information supplied is true, correct and complete and [2] charges incurred by the Buyer will be honored by the Buyer’s credit card company and [3] Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes and shipping charges. Buyer shall be responsible for all charges incurred through use of Buyer’s password (should one be necessary). Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.
EDITING, DELETING AND MODIFICATION
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Company may modify this Contract or prices and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
RIGHT TO REFUSE
Company reserves the right in its sole discretion to refuse services at any time. Sale of any goods or services is subject to availability.
INDEMNIFICATION
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.
NON-TRANSFERABLE
Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or Buyer’s credit card company or financing institution.
DISCLAIMER
The service, content, goods and services from or through the service are provided ‘As-Is,’ ‘As Available,’ and all warranties, express or implied are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of Company, for any reason and Buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the particular items purchased. Company and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and Buyer. This Site and goods and services would not be provided without such limitations. Some state statutes apply regarding limitation of liability.
REFUND POLICY
If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within [30] days of receipt to the following address: [Keni Arts • P.O. Box 207 • Altadena, CA 91003]. In such event, Company shall provide Buyer a credit for other purchases from the Site. Buyer agrees to pay any shipping and handling charges incurred by the Company]. This section sets forth Buyer’s sole and exclusive right to refund.
USE OF INFORMATION
Company reserves the right, and Buyer authorizes Company, to use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law. This use is subject to Company’s ‘Privacy Policy’.
GOVERNING LAW
This Contract shall be treated as though it were executed and performed in [Pasadena, California, United States of America] and shall be governed by and construed in accordance with the laws of [Pasadena, California, United States of America] (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within [3] months after purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in ‘Disclaimer’ section. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against anybody.
LITIGATION
All legal proceedings arising out of or in connection with this Contract shall be brought solely in [Pasadena, California, United States of America] and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extraterritorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with the Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor the right to enforce such provision.
ACKNOWLEDGEMENT
This Agreement represents the entire understanding between you and Company regarding your relationship to Company and supersedes any prior statements or representations. If you agree to be bound by the terms of this online Agreement, please click the ‘I have read and accept the terms & conditions’ button. If you do not click on the button, you will not be able to purchase any goods or services.
CONTACT
Keni Arts Int’l
P.O. Box 207
Altadena, CA 91003 USA
Email: keniarts(at)gmail.com
Ph: 626-794-7249