Conditions of use

Welcome to CoolWallArt.com. USAD and/or its affiliates (“CoolWallArt.com”) provide web site features to you subject to the following conditions. If you visit or shop at CoolWallArt.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future CoolWallArt service or business, you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, such Terms will control.
Introduction

You will be able to access most areas of this web site without registering your details with us. Certain areas of this web site are only open to you if you register.

We may revise these terms and conditions at any time by updating this posting. You should check this web site from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this web site. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this web site.
Online Shopping

Every care has been taken to ensure that the photographic representation, description and specification of each product is accurate. However, while the reproduction of colors is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Before you place an order you should read these terms and conditions carefully as they contain important information about your order.

Visitors under the age of 18 should not register with this website or submit any information to us.
Ordering from us

You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

By submitting an order to us through our website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the Billing details.

Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

We may refuse to accept an order:

* where goods are not available;
* where we cannot obtain authorization for your payment;
* if there has been a pricing or product description error; or
* if you do not meet any eligibility criteria set out in our terms and conditions.

Cancellation and returns policy

If you wish to cancel your order:

* you can notify us by email to customer-service@coolwallart.com before we have dispatched the goods to you; or
* where goods have already been dispatched to you, by notifying us by email customer-service@coolwallart.com and returning goods to us as set forth below. .

All Sales and discount purchases are final and non refundable

You can return goods you have ordered from us with a valid reason at any time within 14 days of receipt for a full refund or exchange. Please return them in their original condition, unused and with their original packaging. The costs of returning goods to us shall be borne by you.
How to Return or Exchange

Notify us by email to customer-service@coolwallart.com of your decision to return or exchange, we will send you the return address in Israel and please send back the merchandise as soon as possible.

We strongly recommend that you use registered post, recorded delivery or another secure method of delivery, retaining the receipt until you have received credit for your return. We regret that we cannot be held responsible for non-delivery of returned goods.

Please note that the return costs will not be reimbursed. Postage or other return costs will be your responsibility and will be reimbursed by us only in the case of damaged, faulty or incorrectly supplied goods.

Please return the item to us within 14 days of cancellation in order to receive a full refund or exchange. If you notify us of your intention to cancel the contract but do not return the goods to us we reserve the right to deduct the cost incurred by us in recovering the goods, from any refund you are owed.

If you would like to discuss the exchange or return of any item, or have any further questions about our returns policy please contact our Customer Services Team on customer-service@coolwallart.com.

None of the above terms affect your statutory rights when goods are faulty or incorrectly supplied.

Payment Methods

We only accept payment for orders in US$. If you choose to pay for an item using a payment card with a foreign currency denominated account, the account will still be taken in US$ at the conversion rate applied by the relevant payment scheme at the time of processing your order. We accept payment by American Express, Visa, MasterCard.

Please note, we cannot guarantee the security of data which you send us by email. Accordingly, please do not send us payment information using email. For details of the security measures we employ please read our Privacy policy.

Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide us when placing an order.

Pricing Policy

All prices shown on the website are in US$ and are inclusive of VAT or other sales’ tax, where applicable. Prices may change and offers may be withdrawn at any time.

Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
Product Availability / Information

We feature products on our website that have been carefully selected for Online Shopping. Once an item is sold out such item will be marked as “Sold Out” at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay, or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. If we cannot contact you or receive no response to an email we send to you, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces and substitutions will only be made with your prior consent. If a replacement item is of greater value you will be liable to pay for the difference in values.

Privacy

Please review our Privacy Policy, which also governs your visit to CoolWallArt.com, to understand our practices.
Electronic Communications

When you visit CoolWallArt.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of CoolWallArt or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of CoolWallArt and protected by U.S. and international copyright laws. All software used on this site is the property of CoolWallArt or its software suppliers and protected by United States and international copyright laws.

Trademarks

CoolWallArt, CoolWallArt.COM, USAD, and other CoolWallArt graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of CoolWallArt in the U.S. and/or other countries. CoolWallArt’s trademarks and trade dress may not be used in connection with any product or service that is not CoolWallArt’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CoolWallArt. All other trademarks not owned by CoolWallArt that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CoolWallArt.

License and Site Access

CoolWallArt.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CoolWallArt. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CoolWallArt. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CoolWallArt without express written consent. You may not use any meta tags or any other “hidden text” utilizing CoolWallArt’s name or trademarks without the express written consent of CoolWallArt. Any unauthorized use terminates the permission or license granted by CoolWallArt. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CoolWallArt.com so long as the link does not portray CoolWallArt, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CoolWallArt logo or other proprietary graphic or trademark as part of the link without express written permission.

Service Access

While we endeavor to ensure that this web site is normally available 24 hours a day, we will not be liable if for any reason this web site is unavailable at any time or for any period.

Access to this web site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CoolWallArt does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use CoolWallArt.com only with involvement of a parent or guardian. CoolWallArt reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

Where this site permits, visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. CoolWallArt reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant CoolWallArt a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CoolWallArt and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CoolWallArt for all claims resulting from content you supply. CoolWallArt has the right but not the obligation to monitor and edit or remove any activity or content. CoolWallArt takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

CoolWallArt respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow contact us by email at info@coolwallart.com ASAP.

Risk of Loss

All items purchased from CoolWallArt are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

CoolWallArt attempts to be as accurate as possible. However, CoolWallArt does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by CoolWallArt itself is not as described, your sole remedy is to return it in unused condition.

Other Businesses

We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. CoolWallArt does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COOLWALLART ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COOLWALLART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COOLWALLART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COOLWALLART DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM COOLWALLART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COOLWALLART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law

By visiting CoolWallArt.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CoolWallArt.
Disputes

Any dispute relating in any way to your visit to CoolWallArt.com or to products or services sold or distributed by CoolWallArt or through CoolWallArt.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in New York, New York and you consent to exclusive jurisdiction and venue in such courts.
Severability

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.