Marika Popovits Art - Website Policies
Last updated: 02/15/2022.
Our Company (Marika Popovits Art) operates https://www.marikapopovitsart.net (the "Site"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection And Use
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information").
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data").
This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this visitor data. This is done anonymously.
We may use your Personal Information to contact you about your direct inquiries on this site.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
We that sometimes an item needs to be returned. Please review the return policies below and contact us with any questions.
You may return any book in its original condition for a store credit full refund within 7 days of receiving your order.
For all mail returns, the customer is responsible for costs of return shipping. We recommend you return your items using an insured and trackable method. We are not responsible for packages lost or damaged during the return transit. Returns should be sent to:
RETURNS: Marika Popovits Art
P.O. Box 661
Crestone, CO 81131
If you receive your order and find an item to be missing, incorrect or damaged please contact us within 7 days at: burtwadman24 [at] gmail [dot] com. We will resolve the issue as quickly as possible.
TERMS AND CONDITIONS
This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website or App) or you are a "Member" (which means that you have registered with MarikaPopovitsArt.net and set up an Account to purchase books or prints). The term "User" refers to a Visitor or a Member.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
ADDITIONAL TERMS. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or App or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website, App, or Service.
AMENDMENTS. MarikaPopovitsArt.net may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting by MarikaPopovitsArt.net on the Website; (2) for existing Users, thirty (30) days after the posting by MarikaPopovitsArt.net on the Website; or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after MarikaPopovitsArt.net sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. ELIGIBILITY. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are in the U.S. and thirteen (13) years of age or older, or in the EU and sixteen (16) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your MarikaPopovitsArt.net Account (the "Account") may be deleted without warning if we believe that you are in the U.S. and younger than thirteen (13) or in the EU and younger than sixteen (16).
2. TERM. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason, by contacting MarikaPopovitsArt.net’s Customer Support team. MarikaPopovitsArt.net MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 8 through 26 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your MarikaPopovitsArt.net profile information from our live databases, as well as any Content that you uploaded to the MarikaPopovitsArt.net Website or App using such Account. MarikaPopovitsArt.net will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. FEES. You acknowledge that MarikaPopovitsArt.net reserves the right to charge for Goods & Services and to change its fees from time to time in its discretion, upon posting by MarikaPopovitsArt.net on the Website or in the App. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to MarikaPopovitsArt.net as set forth on the Website or in the App.
4. CONDITIONS OF SALE.
4.1 ELIGIBILITY; CREDIT CARD TERMS. To order any Books, or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (PayPal, VISA, MasterCard, American Express, or any other issuer then accepted by us) and associated payment information at the time you order Books, or any other products hereunder, including all of the following: (i) your name as it appears on the card; (ii) the credit card type; (iii) the date of expiration of your credit card; (iv) billing address; and (v) any activation numbers or codes needed to charge your card. MarikaPopovitsArt.net currently does not accept cash, checks, or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before MarikaPopovitsArt.net invoices the credit card for all amounts due and payable. By providing MarikaPopovitsArt.net with your credit card number and associated payment information, you agree that MarikaPopovitsArt.net is authorized to immediately invoice your account for all fees and charges due and payable to MarikaPopovitsArt.net as a result of your purchase of any Books, or other products. You agree to immediately notify MarikaPopovitsArt.net of any change in your billing address or the credit card used for payment hereunder. MarikaPopovitsArt.net reserves the right, at any time, to change its prices and billing methods for Books, and other products sold, either immediately upon posting on the Website or in the App, or by e-mail delivery to you.
4.2 FEES AND CHARGES. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use, or value-added taxes, unless you provide MarikaPopovitsArt.net with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Book, or other product to your customers) at the rates in effect when the charges were incurred. MarikaPopovitsArt.net may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions where it deems it is required. When you order Books, or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books, or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as MarikaPopovitsArt.net has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Books, or other products to get more information. Please also be aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 DISPUTES.You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: MarikaPopovitsArt.net Customer Service, PO BOX 661, CRESTONE CO 81131, or via MarikaPopovitsArt.net’s Order Support. If MarikaPopovitsArt.net does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MarikaPopovitsArt.net or its agents.
4.4 RETURNS. All sales of Books, and other products are subject to MarikaPopovitsArt.net’s current return policies, as posted on the Website.
5. ORDER ACCEPTANCE POLICY. Your receipt of an electronic or other form of order confirmation does not signify MarikaPopovitsArt.net’s acceptance of your order, nor does it constitute confirmation of our offer to sell. MarikaPopovitsArt.net reserves the right at any time after receipt of your order to accept or decline your order for any reason. MarikaPopovitsArt.net further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by MarikaPopovitsArt.net upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. U.S. SALES ONLY: MarikaPopovitsArt.net is currently only shipping to the 50 U.S. States. Orders outside of this can be arranged by contacting the artist directly through the contact form on this site.
7. PASSWORD. When you sign up to become purchase goods from our website, you might be asked to choose a username and a password. You are not required to have an account to make a purchase. If you sign up for an account you are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify MarikaPopovitsArt.net immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
9. LIMITED WARRANTY.
9.1 LIMITED WARRANTY FOR BOOKS, AND ANY OTHER PRODUCTS. MarikaPopovitsArt.net warrants that, subject to minor differences across individual books as described MarikaPopovitsArt.net’s Return Policy available at https://www.MarikaPopovitsArt.net.com/returns, Books, and any other products will be free of any material defects in materials and workmanship. MarikaPopovitsArt.net will, at its own expense and at its sole obligation and your exclusive remedy, replace any materially defective Books, or any other products which you report to MarikaPopovitsArt.net via MarikaPopovitsArt.net’s Order Support within fourteen (14) days of your receipt thereof in accordance with the Return Policy.
9.2 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS: (A) THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 14.1 ABOVE; (B) MarikaPopovitsArt.net EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT MarikaPopovitsArt.net’s CUSTOMER SUPPORT DEPARTMENT
P.O. BOX 661
CRESTONE, COLORADO 81131
15. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, MarikaPopovitsArt.net SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MarikaPopovitsArt.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MarikaPopovitsArt.net’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO MarikaPopovitsArt.net IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE MarikaPopovitsArt.net’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MarikaPopovitsArt.net OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Release. You hereby release MarikaPopovitsArt.net, its officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "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. Indemnity. You agree to defend, indemnify, and hold MarikaPopovitsArt.net, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
18. Electronic communications. The communications between you and MarikaPopovitsArt.net use electronic means, whether you visit the Website or App or otherwise use the Service or send MarikaPopovitsArt.net e-mails, or whether MarikaPopovitsArt.net posts notices on the Website or App or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from MarikaPopovitsArt.net in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MarikaPopovitsArt.net provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
19. U.S. Export Controls. Content and software available in connection with the Services (the "Software") is further subject to United States export controls. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content and Software, you represent and warrant that such download or use is not in violation of any such law.
20. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and MarikaPopovitsArt.net agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in San Francisco, Colorado (USA) and the federal courts located in Front Range District Colorado (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, MarikaPopovitsArt.net may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can be legally sold, bought, exported, offered, or imported. You shall always comply with all the international and domestic laws, ordinances, regulations, and statutes that are applicable to your use of the Services and your purchase of Books, and other products from the MarikaPopovitsArt.net Services.
21. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Book Content, or in your other products content, that would reasonably contradict anything in this section.
22. Notices. MarikaPopovitsArt.net may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with MarikaPopovitsArt.net, or by written communication sent by first class mail or pre-paid post to your address on record with MarikaPopovitsArt.net. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to MarikaPopovitsArt.net, addressed to the attention of OWNER, MarikaPopovitsArt.net. Such notice shall be deemed given when received by MarikaPopovitsArt.net) at any time by the following: Letter delivered by nationally recognized overnight delivery service, first class postage, or prepaid mail to:
P.O. Box 661
Crestone, CO 81131
23. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God."
25. Copyright/Trademark Information. Copyright ©2015-2022, MarikaPopovitsArt.net. All rights reserved. The trademarks, logos, and service marks ("Marks") displayed on the Website and App or in connection with the Services are the property of MarikaPopovitsArt.net or other third parties. You are not permitted to use these Marks without the prior written consent of the party that owns the Mark.
26. International Provisions. The following provisions shall apply only if you are located in the countries listed below.
26.1 United Kingdom. A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
26.2 Germany. Notwithstanding anything contrary in Section 15, MarikaPopovitsArt.net is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).