Terms and Conditions

 

                                 FACE TO FACE DESIGNS, LLC.

                                 

                                  TERMS AND CONDITIONS

These Terms and Conditions were last updated April 2015.

This Wholesale Agreement ("Agreement") is made between you or your company and Face to Face Designs, LLC. Inc. ("Face to Face Designs, LLC. ") upon execution and delivery by facsimile or email to Face to Face Designs, LLC..

GENERAL ORDERING INFORMATION

To qualify for wholesale purchases, you must be a valid retail business and you must submit a copy of your resale exemption certificate (first orders only) and an executed copy of this Agreement with your Order Form. By placing an order with Face to Face Designs, LLC. and providing the resale exemption certificate, you are representing that you are the owner, agent or representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale. All sales are final.

PAYMENTS

All orders shall be placed with a credit card. Face to Face Designs, LLC. charges credit cards at the time of production for the entire purchase price of the order. Delivery is typically within two (2) weeks of production. By providing a credit card number and expiration date on the order form, you are irrevocably authorizing Face to Face Designs, LLC. to charge the credit card for the entire purchase price at the time of production. Orders may be cancelled within five (5) business days of the order placement.

DAMAGE CLAIMS

Face to Face Designs, LLC. makes every commercially reasonable effort to pack only first quality merchandise with carrier approved materials. Face to Face Designs, LLC. is not responsible for damage in transit. Face to Face Designs, LLC. does not insure packages with the carrier; if you would like to insure your package(s), contact Face to Face Designs, LLC. at the time you place your order. If your shipment is damaged in transit you agree to contact the carrier and Face to Face Designs, LLC. within forty-eight (48) hours of delivery. You also agree to save all packaging materials and product. You further agree not to cancel or contest payment or deduct from any invoice any amount due to Face to Face Designs, LLC. as a result of a damage claim. The carrier will conduct an investigation for the damage claim and it and/or Face to Face Designs, LLC. will contact you once the investigation is concluded to resolve the issue.

 

RETURNS / DEFECTS

Any claim for defective merchandise must be reported to Face to Face Designs, LLC. within forty-eight (48) hours of delivery. Face to Face Designs, LLC. does not accept returns on first quality merchandise for any reason. Contact Face to Face Designs, LLC. in the event you receive defective merchandise, as all returns must be approved in advance by Face to Face Designs, LLC..

 

PRODUCT SPECIFICATION

All art manufactured by Face to Face Designs, LLC. is original and hand painted on wood. The pieces of wood we use have character differences, including but not limited to inclusions, grains, and knots. Therefore, natural variations do occur and should be expected. Face to Face Designs, LLC. ships items that conform to the samples shown at tradeshows and on HYPERLINK "http://www.facetofacedesigns.com" www.facetofacedesigns.com (the "Web Site").

COPYRIGHT

All of the products and content within and any materials made available on the Web Site are the sole property of Face to Face Designs, LLC.. The Web Site products, images and content within are protected by copyright and intellectual property law and may not be reproduced in any form without the express written consent of Face to Face Designs, LLC.. You hereby agree not to reprint, post, or copy (including electronic or digital scans) any photography, sales materials, or product without the advance, express written consent of Face to Face Designs, LLC..

INTELLECTUAL PROPERTY

Any and all intellectual property rights associated with this Web Site including the , products, images and content presented herein, and any inventive concepts, know-how, publicity rights, trademarks, trade-dress, Trade Secrets, copyrights and patents (including any patent-pending items) (collectively "Intellectual Property") are the sole property of Face to Face Designs, LLC. Designs or third parties. Except as otherwise expressly authorized by Face to Face Designs, LLC., you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of this Web Site in any way. Without the express written consent of Face to Face Designs, LLC. Designs or the appropriate third party.

PRIVACY

Your privacy is important to us. To better protect that privacy, Face to Face Designs, LLC. is providing this notice to explain how we collect, use and store data. The only data that we collect, use and store is information you affirmatively provide to us via facsimile or email when placing an order by using the Order Form


found on the Web Site and your resale exemption certificate. We do not collect data about you through the Web Site nor do we use cookies or track IP addresses.

While the information you provide will be maintained for a commercially reasonable time by Face to Face Designs, LLC. for administrative and business purposes, your personally-identifying information is never shared with any third-party, other than (i) as required by law, (ii) to protect and defend the rights of Face to Face Designs, LLC. and the Web Site, (iii) as incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event, or (iv) in the event that a need arises to contact you in regard to an order, a question, a customer-service related matter, or as may otherwise be required by law and only to the extent that such contact is required.

Comments, suggestions or other communications sent by you to Face to Face Designs, LLC. are deemed to be non-confidential. We have no obligations of any kind in relation to such comments, suggestions, or communications and are free to use or distribute them in any way, including in relation to the administration, update, or improvement of the Web Site, without compensation to the author, sender, or any other party.

By executing this Agreement and placing an order, you signify your assent to this Privacy provision. Should you have any privacy-related questions or concerns, you may contact Face to Face Designs, LLC. at the Contact Information set forth on the home page of the Web Site.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Face to Face Designs, LLC., its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your agreements hereunder; and/or (ii) arises out of your negligence, willful misconduct, or other breach of this Agreement.

JURISDICTION

This Agreement has been entered into and shall be governed by the laws of the State of Georgia (without giving effect to its conflict of law provisions). All parties agree Georgia courts have jurisdiction.


 

SEVERABILITY

Each section of this Agreement shall be deemed and construed as a separate         and independent section, term or condition and should any part or provision of this Agreement be declared invalid by a court of competent jurisdiction, such invalidity shall in no way render invalid or unenforceable any other section, term or condition herein.

 

LEGAL FEES

You understand and agree that you are or your company is responsible for your or its own legal fees. If Face to Face Designs, LLC. takes any action to enforce, defend or interpret this Agreement and these terms and conditions, Face to Face Designs, LLC. is entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and any costs whether in litigation or otherwise, in addition to any other relief at law or in equity to which Face to Face Designs, LLC. may be entitled.

MODIFICATION

Face to Face Designs, LLC. reserves the right to modify the terms and conditions contained herein. Clerical or computer errors are subject to correction. No action, omission or course of conduct shall constitute a waiver of any of the terms and conditions hereof, unless such waiver is specified in writing by Face to Face Designs, LLC. and then, only to the extent so specified.