terms & conditions
Ya ya ya... We don't like reading all this mumbo jumbo either but, hey... It's here for your protection. So dig it.
USE OF THE SITE AND PROHIBITIONS
The Site allows you to browse and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
KULT Studio has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by KULT Studio prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. KULT Studio has all the discretion to cancel or deny orders. KULT Studio is not responsible for pricing, typographical, or other errors in any offer by KULT Studio and reserves the right to cancel any orders arising from such errors. For all but consumer purchases, KULT Studio reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts for layaway items or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge. Artwork will be processed for shipping only after payment has been received in full.
To initiate a return, you must contact us within 5 business days of receipt for a full refund. We will send you a return authorization code. Authorization code must be written clearly on return packaging. Customer is responsible for any and all return shipment costs. Artwork and frame must be in original condition for a full refund. A store credit will be issued for any returns requested after the 5-day grace period. After 10 business days from date of sale, all sales are final. Custom or commissioned art sales are final. All artwork for which customer requests custom framing is subject to the stipulations of the return policy and the cost of framing will be deducted from the total refund or merchandise credit total.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation, visitation and shopping in our site following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
ACKNOWLEDGEMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraudulent activities are highly monitored in our site and if fraud is detected KULT Studio shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD 2,000 or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of KULT Studio. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of KULT Studio to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of California, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of California, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
CERTIFICATES OF AUTHENTICITY
All artwork, unframed and framed, comes with a certificate of authenticity. Art that is acquired from an authorized studio will be accompanied by a certificate of authenticity from the respective studio whenever possible. Otherwise, KULT Studio will provide a certificate of authenticity. Provenance that may accompany the artwork is for the purpose of sharing history and information with the buyer, and is neither the exclusive information upon which this certificate has been based, nor a means to imply additional certification or warranty.
All materials on this Site, including, but not limited to
characters, images, indicia, illustrations, audio clips, and video clips, are
protected by copyrights, trademarks, and other intellectual property
rights which are owned and controlled by the respective studios and/or copyright owners. Materials on Kultstudio.com are solely for your personal, non-commercial use.
These materials may not be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, including by e-mail or
other electronic means. Without the prior written consent of the owner,
modification of the materials, use of the materials on any other web
site or networked computer environment, or use of the materials for any
purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks, and other proprietary rights, and is prohibited. Copyrights for the respective studios and entities appear as follows:
Cartoon Network: ™ & © Cartoon Network.
DC Comics: ™ & © DC Comics.
Walt Disney: ™ & © Disney.
Hanna-Barbera: ™ & © Hanna-Barbera.
Lucasfilm and Star Wars: ™ & © Lucasfilm Ltd.
MGM: ™ & © MGM.
Turner: ™ & © Turner Entertainment Co.
20th Century Fox: ™ and © FOX and its related entities.
Warner Bros: ™ and © Warner Bros. Entertainment Inc.
All other matter ™ and © the respective studios and related entities.
KULT KASH REWARDS
Kult Members will earn 10% back in "Kult Kash" on all artwork purchases made online. Qualifying purchases do no include gift cards, expedited or international shipping fees and custom requested and/or upgraded framing. Upon checkout, 10% of the subtotal amount (before tax and any applicable shipping and handling fees) will be added to member's "Kult Kash" account in the form of a non-transferrable merchandise credit to be used toward subsequent purchases on Kultstudio.com.
"Kult Kash" earned on a purchase may be redeemed at the time of any subsequent purchase online by clicking "Kash Out" before final checkout. The entire balance in member's "Kult Kash" account will be applied to a qualified art purchase. Excludes gift cards, expedited or international shipping fees and custom requested and/or upgraded framing. Value of Kult Kash earned for any qualifying purchase is forfeited respectively if the artwork is returned for a refund. Kult Kash earned for art purchases returned for merchandise credit will remain in the Member's account. Kult Kash is not available in combination with any other discounts.
Members can check their "Kult Kash" balance anytime by logging into their Kult Studio Account. Kult Kash cannot be redeemed for cash. Kult Studio reserves the right to modify the structure and terms of the "Kult Kash" rewards program at any time.