TERMS and CONDITIONS:
Yunga Tart LLC owns and operates this Website. This documents governs your relationship with Yunga Tart LLC’s online shopping cart at www.yungatart.com. Access to and use of this Website and the products and services available through this Website (I.e., collectively the “Services”) are subject to the following terms, conditions and notices (i.e., the “Terms of Service”). By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take note of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; infringe upon the rights of any other person’s or company’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “Spam”; or attempt to affect the performance and/or functionality of any computer facilities of or accessed through this Website. Breaching this provision in any manner would constitute a criminal offense and www.yungatart.com will report any such breach(es) to the relevant law enforcement authorities disclosing your identity to them, as well as to the appropriate Internet access providers.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack(s), viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or any other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE and CONTENT:
The intellectual property rights in all software, trademarks, and content including photographic images) made available to you on or through this Website remains the property of www.yungatart.com or its licensors and are protected by copyright laws and treaties in the United States and around the world. All such rights are reserved by www.yungatart.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise (Businesses and commercial enterprises in direct contractual relations with Yunga Tart LLC are exceptions.
TERMS OF SALE:
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and subject to any delays from resulting from shipping company/postal delays or force majeure for which we will not be responsible.
In order to contract with www.yungatart.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank or financial institution that is acceptable to the external financial transaction company that handles payments for the Website. Www.yungatart.com does not directly handle this payment process nor does it house credit/debit card information. Www.yungatart.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.yungatart.com or may in some cases be a third party. Where a contract is made with a third party www.yungatart.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us (and the financial institution handling the payment transaction) are true and accurate. The cost of both domestic and foreign goods and services (e.g. shipping costs) may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. The email will may acknowledge the order, not necessarily accepting the order, unless the acknowledgement confirms that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
PRICING AND AVAILABILITY:
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors can occur. IF we discover an error in the price of any item or service (shipping cost) which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and already haiceve paid for the goods, you will receive a refund. Delivery costs will be charged in addition, or as included in the price for a given level of service (e.g., ground). Where the cost of delivery is noted at a given level, any cost above that level will be additive or in addition to the total cost. Additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Www.yungatart.com uses an ecommerce platform with a tied-in financial service that handles all payment transactions for Website goods ordered. They carry out the authorization checks on your payment instrument (i.e., a credit or debit card) and debit the said instrument or decline it per their guidelines, rules and regulations. If payment is accepted we are notified and commence with the order acknowledgement, processing and dispatch in a timely manner excepting when there is a price or availability issue with the order.
DISCLAIMER OF LIABILITY:
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.yungatart.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, restitution, by statute, at common law or otherwise. This does not affect www.yungatart.com ‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE:
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.yungatar.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or a brand name, other than a Yunga Tart LLC trademark/brand, is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.yungatart.com.
You agree to indemnify, defend and hold harmless www.yungatart.com, its officers, its employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Www.yungatart.com shall have the right in its absolute discretion at any time without notice to amend, remove, and/or vary the Services and/or any page of this Website.
IF any part of the Terms of Service in unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shell be rectified and interpreted in such a way that closely resembles the orginal meaning of the clause/sub-clause as permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they arise, please let us know if you have any complaints or comments.
IF you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above TERMS of Service constitute the entire agreement of the parties and supersede any and all preceding and comtemporaneous agreements between you and www.yungatart.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by authorized signer of or for www.yungatart.com.