Our Policies
Introduction
Definitions
Privacy
Security online
Registration and Security
Product Availability and Acceptance of Orders
Binding Agreement
Prices
Colors and Product Consistency
Shipments and Delivery
Claims and Returns
Intellectual Property
Limited Licenses
Copyright
Notice and Procedure for Claims of Copyright Infringement
Errors, Inaccuracies and Omissions
Disclaimer
Linking
Indemnification
Dispute Resolution
Choice of Law and Forum
Miscellaneous
Warranties and Limitations of Liability
INTRODUCTION
Welcome to DYNASTYGALLERY.COM the Website of Dynasty Gallery (the “Site”). Your use of the content and services, including purchasing products, available on this Site is subject to: (i) the following Terms and Conditions and Ordering Information, (ii) our Privacy Policy, and (iii) other policies, features and services you may encounter through your use of this Site, all of which are deemed part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using this Site, you are acknowledging that you have read, understand and agree, without limitation and qualification, to be bound by these Terms and Conditions, and all applicable laws, rules and regulations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS SITE, SO PLEASE REVIEW THIS SITE CAREFULLY BEFORE PROCEEDING.
If you do not agree with these Terms and Conditions please do not use this Site.
THESE TERMS AND CONDITIONS MAY CHANGE
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions each time you purchase products from us or use this Site.
Back To Top
DEFINITIONS
Dynasty or Dynasty Gallery and "We" each refers to FML, Inc., the exclusive distributor of Dynasty Gallery’s products in the United States with its principal place of business at
2765 16th Street, San Francisco, California.
"Website" or "Site" refers to the website located at www.DynastyGallery.com, or any subsequent URL which may replace it.
"User" or "You" each means you, the individual accessing this Website.
"Terms and Conditions" means the Terms and Conditions of USE and the Terms and Conditions of SALE as they are set forth in this Website.
"Products", "Goods" “Merchandise” or "Items" each means the articles supplied and displayed for sale on this Website.
"Delivery" means the delivery of Goods.
"Buyer" refers to you, the customer placing an order for Goods.
Back To Top
PRIVACY
Please review our Privacy Policy so that you may understand our privacy practices.
Back To Top
SECURITY ONLINE
At Dynasty, we appreciate how important security is to you. We implement various security measures in accordance with industry standards to protect the security of your personal information, both online and offline. All financial transactions take place inside an SSL security system. By looking in the security dialog in your browser you can inspect the identity of the security certificate owner and be certain that you are purchasing Dynasty Gallery’s products securely.
Back To Top
REGISTRATION AND SECURITY
If you wish to purchase any products or use certain services on the Site, you must open an account with us and provide the required information to us. By entering any information on the Site, you represent and warrant that:
you are at least 18 years of age;
you are using your actual identity;
you have provided only true, accurate, current and complete information; and
you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use or access to the Site or any portion thereof, and you agree not to allow any other entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
Back To Top
PRODUCT AVAILABILITY and ACCEPTANCE OF ORDERS
Reference to any product or service on this Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available nor that the name and description of any product as displayed at any of our sales representatives’ showrooms or trade shows will be the same as that included on the Site.
Your order must be first reviewed and accepted by Dynasty based on availability of the goods, feasibility of timely completion, along with your creditworthiness and the standing of your account.
All orders are subject to written acceptance by DYNASTY.
Accepted orders will be confirmed by DYNASTY, in writing, by email, with an appropriate and detailed Order Confirmation.
Dynasty Gallery controls and operates this Site from its headquarters in San Francisco, California, in the United States of America. We in no way imply that the materials on our Site are appropriate or available for use outside of the United States.
Back To Top
BINDING AGREEMENT
DYNASTY's Order Confirmation and these general Terms and Conditions shall be deemed to constitute the entire, final and integrated agreement between DYNASTY and You on the matters contained in, relating to or arising out of these General Terms and Conditions.
Back To Top
PRICES
Prices are in US Dollars, FOB California. Prices may change without notice; however no such change will affect the prices of an order accepted by Dynasty as set forth on its Order Confirmation.
Back To Top
COLORS AND PRODUCT CONSISTENCY
Dynasty has made every effort to display as accurately as possible the colors of the merchandise that appear on the Site. However, since the actual colors you see will depend on your monitor, we cannot guarantee that your monitor will accurately display the actual colors of the merchandise.
At Dynasty we do our best to maintain a level of products consistency. However, as with all handmade glass, products may vary in size and shapes.
Back To Top
SHIPMENTS AND DELIVERY
You are responsible for the shipping costs associated with the delivery of merchandise you purchased on the Site.
You shall bear all risks of loss and damage to the merchandise from the time the same has cleared DYNASTY's fulfillment house. Delivery is deemed complete, and title to the merchandise passes to you, upon acceptance of shipment by a common carrier.
Back To Top
CLAIMS AND RETURNS
We want to make sure that you are completely satisfied with your purchase.
Therefore we encourage You to inspect the Goods you will receive from Dynasty as soon as practicable after delivery. In the event the shipment carton’s seal appears broken on delivery, please do not sign for, and reject Delivery.
Dynasty will only review and accept good faith Claims for damaged or defective Goods if the claims are made:
(i) in writing or by phone, detailing the defect or damage, and
(ii) within five (5) business days of your receipt of the Goods.
In the event that Goods returned by You are not authorized by Dynasty, Dynasty will apply a restocking fee at the a rate of fifteen (15%) percent of the amount We originally invoiced for such returned Goods.
A 15% restocking fee will be applied to shipments that are refused at delivery. Shipping charges will not be refunded.
Back To Top
INTELLECTUAL PROPERTY
All information and content on this Site, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Dynasty Gallery, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 8 below, or as required under applicable law, neither the Content nor any portion of this Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
Back To Top
LIMITED LICENSES
Dynasty Gallery grants You, the User, a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless you have a business relationship with us) of the contents of this Site, which includes the digital Content.
This limited license does not include the right to: (a) frame or utilize framing techniques to enclose this Site or any portion thereof including any trademark, logo, or other proprietary information (including images, text, page layout, or form); (b) republish, redistribute, transmit, copy, sell, license, modify or download this Site or its Content, or any portion or derivative thereof, except as necessary to view this Site; (c) make any use of this Site or its Contents other than for your personal use (unless you have a business relationship with us); (d) modify, reverse engineer or create any derivative works based upon either this Site or its Content; (e) collect account or profile information for the benefit of yourself or any other party; (f) use any meta tags or any other "hidden text" utilizing this Site's Content; (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on this Site's infrastructure; (h) interfere or attempt to interfere with the proper working of this Site; (i) use Dynasty Gallery’s name, trademarks, services marks or logos in any meta tags or any other "hidden text"; or (j) compile, repackage, disseminate or otherwise use data extracted from this Site.
The foregoing is expressly prohibited; the right to do any of the foregoing shall require our express written consent (which may include a written agreement signed by our authorized representative). Any unauthorized use of this Site, its Content or any portion or derivative thereof shall terminate any license or permission granted by Dynasty Gallery. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
Dynasty Gallery also grants you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of this Site for personal, non-commercial use only (unless you have a business relationship with us). A website that links to the Site (a) may link to, but not replicate, any and/or all of our Content; (b) may not imply that we are endorsing such website or its services or products; (c) may not misrepresent its relationship with us; (d) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (e) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (f) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Back To Top
COPYRIGHT
Materials on this Site are the copyright property of the Company. All rights reserved. The Company neither warrants nor represents that your use of materials displayed in this Site will not infringe rights of third parties not owned by or affiliated with the Company. You may not distribute, modify, transmit, reuse, reproduce, re-post or use the copyrighted materials on this Site for public or commercial purposes, including the text, images, audio and video, without the express written consent of the Company. You are hereby authorized to view, download, print and distribute, individual pages from this Site subject to the following conditions:
The copyrighted materials on this Site may be used for informational purposes only.
Except as specifically authorized by the Company, the copyright materials on this Site may only be used for non-commercial, personal purposes.
Any copy or distribution of the copyrighted materials on this Site, or portion thereof, must include this copyright notice, and all other copyright and other proprietary notices contained on the materials.
Text: Unless otherwise stated, all text featured on this website is copyright of the Company. Any reproduction, in full or in part, must credit the Company.
Photographs: All photographs featured on this Site are subject to copyright and must not be reproduced without permission.
Trademark: The Company's logo, the initials "DG" and "Dynasty Gallery" are registered and/or common law trademarks of the Company and are subject to copyright. They must not be used or reproduced without permission.
Users may view, print and download the contents for personal use only; the contents must not be used for commercial purposes or incorporated in any publication in any form. For additional information, please see Privacy Policy.
Back To Top
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
Dynasty Gallery respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dynasty Gallery’s copyright agent the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any such notice shall be sent to Dynasty Gallery, attn. Legal Department.
Please note that this procedure is exclusively for notifying Dynasty Gallery that your copyrighted material has been infringed.
Back To Top
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Dynasty Gallery reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate at any time without prior notice (including after you have submitted your order).
Back To Top
DISCLAIMER
The material this Site is provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Dynasty Gallery expressly disclaims any duty to update or revise the materials on this Site, although we may modify the materials at anytime without notice. Your use of this Site is at your sole risk, and you assume full responsibility for any costs associated with your use of this Site. Dynasty Gallery shall not be liable for any damages of any kind related to your use of this Site.
Back To Top
LINKING
This Site may contain links to Sites owned or operated by parties other than Dynasty Gallery. Dynasty Gallery has not reviewed the content of all sites linked to this Site. Dynasty Gallery does not control outside sites and is not responsible for the content of any offsite pages or any other sites linked to this Site. Linking to any other offsite pages or other sites is at your own risk. Outside sites may contain information that some people may find offensive or inappropriate. Dynasty Gallery assumes no responsibility for the screening of any site that is included as a link, and assumes no responsibility for the content, completeness, availability, accuracy, legality or decency of any linked site. Dynasty Gallery does not endorse any products or services available from other sites, and it is not responsible for the failure of any linked site to provide any promised goods or services. This Site may link you to pages that may have been removed or modified since the information was last collected and indexed. You may link your site to DynastyGallery.com on the following conditions: You shall not place any content from this Site in a frame on your site; You shall not imply that Dynasty Gallery endorses your site, or any products on your site; You shall not misrepresent the relationship of your site with Dynasty Gallery; You shall not present false information about Dynasty Gallery products or services; You shall not use the Dynasty Gallery trademarks with express written permission; Your site shall not contain material that could be construed as offensive; Your site shall be appropriate for all age groups; You shall not "deep link" to this Site – you shall only link to the home page at DynastyGallery.com You shall indemnify and hold harmless Dynasty Gallery and its employees from any claim brought by any third party arising out of your linking to this Site. You agree to immediately remove your link to this Site upon request by the Dynasty Gallery, or if you breach any of these linking conditions.
Back To Top
INDEMNIFICATION
You agree to defend, indemnify and hold Dynasty Gallery harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site and/or your breach of any representation, warranty, or other provision of the Terms and Conditions.
Back To Top
DISPUTE RESOLUTION
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Dynasty Gallery agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Site, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of them ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days within which to respond to, or settle the Dispute. Notice shall be sent
(a) to Dynasty Gallery, Attn. Legal Department
(b) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Dynasty Gallery, agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Back To Top
CHOICE OF LAW AND FORUM
Should the parties be unable to amicably resolve any dispute regarding this Site as set forth above, the laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of Los Angeles, State of California.
Back To Top
MISCELLANEOUS
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Dynasty Gallery right to require strict observance of each of the terms herein.
If any the provisions set forth in these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining provision.
You agree that Dynasty’s remedy at law for any actual or threatened breach of these Terms and Conditions would be inadequate and that Dynasty shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Dynasty may be legally entitled to recover, together with reasonable expenses including, without limitation, attorneys' fees. No right or remedy of Dynasty shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by Dynasty of its rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.
Back To Top
WARRANTIES AND LIMITATIONS OF LIABILITY
The site and product are presented "as is."
DYNASTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE SITE OR AS TO THE MERCHANDISE BEING SOLD TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DYNASTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
DYNASTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
You agree that, to the fullest extent permitted by applicable law, we are not responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) delays or interruptions to your access of this Site; (c) any inaccuracies or omissions in content of this Site; (d) loss or damages of any sort incurred as a result of data delivery errors, corruption, destruction or other modification of this Site, dealings with or the presence of off-website links on the site, or computer viruses, system failures or malfunctions which may arise from your use of the site, including during hyperlink to or from third-party websites; or (e) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to this Site or your use thereof regardless of the form of action whether in contract, tort (including negligence).
You agree that no claims or action arising out of, or related to, the use of this Site or these Terms and Conditions may be brought by you later than within one (1) year as of the date when the cause of action relating to such claim or action arose.
|
