These Terms of Service (“Terms”) govern your access to and use of Black Art Magazine’s online shop (“the Shop”) managed by KVBOND Business & Financial Services LLC (“we,” “us,” or “our”). By accessing or using the Shop, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Shop.
1. General Terms
1.1 Eligibility: You must be at least 18 years old and capable of forming a legally binding contract under applicable law to use the Shop. By using the Shop, you represent and warrant that you meet these requirements.
1.2 Account Registration: You may need to create an account to access certain features of the Shop. You agree to provide accurate and complete information when creating your account and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2. Placing an Order
2.1 Order Process: Follow the onscreen instructions to place an order. Items selected for purchase will be placed in your “shopping basket.” To remove an item, click the “remove” button next to the item.
2.2 Order Confirmation: After placing an order, you will receive an order summary confirmation on screen and/or by email. This acknowledgment does not constitute acceptance of your order. Your order is accepted only when we send you an email confirming that the product has been dispatched.
2.3 Order Acceptance: We reserve the right to reject, modify, or cancel your order for any reason prior to dispatch. If we reject your order after payment has been taken, we will provide you with a refund in accordance with our Refund Policy.
3. Pricing and Payment
3.1 Pricing: All prices are in USD and exclude sales tax unless otherwise stated. We may change prices at any time by posting new prices on the Shop.
3.2 Payment Methods: We accept various payment methods, including Visa, MasterCard, American Express, and Discover. By paying with your credit or debit card, you confirm that the card is yours and that there are sufficient funds to cover the charges.
3.3 Billing: Billing to your credit or debit card will take place prior to or at the time of dispatch for physical products or at the time of purchase for digital content.
4. Shipping and Delivery
4.1 Shipping: Shipping and delivery dates are not guaranteed unless otherwise specified. All shipping timelines are estimated. We are not liable for delays due to carrier, regardless of shipping method.
4.2 Tracking: If available, you will receive tracking information via the email provided with your shipping information.
4.3 Incorrect Address: Shipping delays may occur if an incorrect address is provided at checkout. We are not responsible for any lost packages due to incorrect shipping addresses. If the package is returned to us, we will contact you for an updated address. If no response is received within ten (10) business days, we reserve the right to refund your order.
5. Returns and Refunds
5.1 Returns: If you are not satisfied with your purchase, you may return the item in accordance with our Return Policy. The item must be in its original condition and packaging.
5.2 Refunds: Refunds will be processed as soon as possible and typically through the same method used for payment. We are not responsible for any delays caused by the payment processor.
5.3 Damaged or Incorrect Orders: If your order arrives damaged, incorrect, or incomplete, please contact us at help@blackartmagazine.com. We may require photo evidence of the damage. Once we receive the evidence, we will provide a return label and send replacement products.
6. Intellectual Property
6.1 Ownership: All content on the Shop, including text, graphics, logos, images, and software, is the property of Black Art Magazine or its licensors and is protected by intellectual property laws.
6.2 License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Shop for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of the Shop without our prior written consent.
7. Limitation of Liability
To the maximum extent permitted by law, Black Art Magazine and KVBOND Business & Financial Services LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Shop; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Shop; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Shop by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Shop, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
8. Governing Law
These Terms and your use of the Shop are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.
9. Changes to Terms
We reserve the right to modify these Terms at any time by posting the revised Terms on the Shop. Your continued use of the Shop after such changes constitute your acceptance of the new Terms.
10. Contact Information
If you have any questions about these Terms, please contact us at: mgt@blackartmagazine.com
Thank you for shopping with Black Art Magazine. We appreciate your business and strive to provide you with the best service possible.