Thank you for joining Tin Can Metal Art. This Agreement governs your use of this website, any forms of registration and/or membership. You have ten (10) days to review the terms contained in this Agreement. If you are not satisfied for any reason, you may simply cancel without obligation.
PLEASE READ THIS AGREEMENT CAREFULLY
By using the tincanmetalart.com, Corp. website (the "Site"), you agree to follow and be bound by these Terms and Conditions (the "Terms") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms, the words "you" and "your" refer to each Client or Site visitor, "we", "us" and "our" refer to tincanmetalart.com, LLC.
It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you. If you have any questions about these Terms and Conditions, please contact our Client Services department.
YOU AGREE THAT BY USING THE SITE AND REGISTERING YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
USE OF THE WEBSITE
Subject to the terms and conditions of this Agreement, tincanmetalart.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of applying for a membership, and shopping for personal items sold or offered on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by tincanmetalart.com in advance and in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by tincanmetalart.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by tincanmetalart.com in advance and in writing. tincanmetalart.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if tincanmetalart.com believes that client conduct violates applicable law or is harmful to Tin Can Metal Art’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of tincanmetalart.com. Product representations expressed on this Site are not made by tincanmetalart.com.
tincanmetalart.com may in the future assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and tincanmetalart.com has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify tincanmetalart.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
This Site is owned and operated by tincanmetalart.com, LLC. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Tin Can Metal Art or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Tin Can Metal Art, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Tin Can Metal Art's intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Client Services Department if you have any questions about obtaining such licenses. Tin Can Metal Art does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Tin Can Metal Art. Any rights not expressly granted herein are reserved by Tin Can Metal Art.
REGISTRATION AND MEMBERSHIP
NO PURCHASE COMMITMENT
As a member of Tin Can Metal Art, you'll be able to choose from a customized selection of amazing lighting, ambiance and more that fits your look and decor. Because we are adding new selections all the time, you'll be sure to find lots of great items to add to your wish list. Although Tin Can Metal Art's goal is to provide you with unique quality & style lumineers and lighting at an affordable price, there is no monthly commitment to be a member. You may cancel your membership at any time.
As a Registered user of Tin Can Metal Art, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter.As a member of Tin Can Metal Art, you agree to receive emails, newsletters and other communications announcing our monthly promotions or any special offer(s), including third party offers.Please be sure to include your packing slip when returning any product. You will receive a full credit to your account, which may be used in accordance with our Credit Policy. To request a refund, please contact our Client Services. All refunds are subject to our Refund Policy. Please note: In order to be eligible for a refund of store credit charged beyond 30 days, you must write a letter to our claims department explaining the case and why you were not able to call within our 30 day limit to request a refund. Please include your email address in the letter. All requests sent to the claims department must be typed and mailed to:
Tin Can Metal Art: Claims
PO BOX 203
Riverside, CA. 92502
We will analyze your case and provide an answer by email within 10 business days (from the moment you mailed out the letter) if you are from the US or 1 month (from the moment you mailed the letter) if you are from Canada or other states. Refunds are at the sole discretion of tincanmetalart.com and are subject to a $5.95 processing fee to be deducted from the amount refunded to the card used for purchase on all orders under $50.00. Refunds will be subject to a 5.95 USD restocking fee.
BILLING AND PAYMENTS
Paying By Credit Card
We accept the following credit cards at this time: American Express, VISA, MasterCard and Discover Card. You may also choose to use PayPal to complete your purchases. For your protection, we do not retain on file, whether digital, written, or in any other manner your personal credit/debit card information when you place your order.
SHIPPING, RETURNS AND EXCHANGES
Easy return to and from addresses within the U.S of any merchandise ordered through the Site or in connection with your membership are subject to the Tin Can Metal Art’s Shipping, Return and Exchange Policies. Customers with addresses outside of the U.S and are welcome to purchase alternative shipping methods at their expense that allows tracking or insurance on the package. Please note that Tin Can Metal Art does not hold responsibility on packages sent without tracking information. There is no exchange possible on any merchandise given away for free during a promotional operation. All products under $50.00 returned for a refund are subject to a $5.95 restocking fee per order, to be deducted from the amount refunded to the card or payment option used for purchase.
Replacement of products and credits to your account for shipped merchandises claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of future purchases.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon Tin Can Metal Art's delivery of the items to the carrier pursuant to the Tin Can Metal Art Shipping Policy.LOCAL TAXESYou may be charged local sales tax, if applicable.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Any cancellation request must be completed over the phone within one hour after placing the order. If the order is placed outside of our hours of operation, the cancellation request must be made over the phone by 10:00am PST the following business day by calling 1.760.406.2629.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY TIN CAN METAL ART ON AN "AS IS" BASIS. TIN CAN METAL ART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TIN CAN METAL ART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. TIN CAN METAL ART DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIN CAN METAL ART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TIN CAN METAL ART'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO TIN CAN METAL ART DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO TIN CAN METAL ART'S LIABILITY.
TIN CAN METAL ART DISCLAIMS ALL RESPONSIBILITY FOR DELAY CAUSED BY CIRCUMSTANCES OUTSIDE OUR CONTROL INCLUDING NATURAL DISASTERS, POWER OUTAGES, TECHNICAL DIFFICULTIES, FIRE, OR ANY OTHER FREAK OCCURRENCE THAT PREVENTS OUR SERVICE FROM RUNNING NORMALLY AND SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN RESPECT TO DELAY OR LOSS.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Tin Can Metal Art shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Tin Can Metal Art shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Tin Can Metal Art shall immediately issue a credit to your credit card account in the amount of the charge.
All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2013-2014, tincanmetalart.com, LLC. ALL RIGHTS RESERVED. Tin Can Metal Art respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Client Services.
Tin Can Metal Art, tincanmetalart.com, the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Tin Can Metal Art. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
You agree that Tin Can Metal Art's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Tin Can Metal Art shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Tin Can Metal Art may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.No right or remedy of Tin Can Metal Art 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 Tin Can Metal Art of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than Tin Can Metal Art (each a "Third Party Site"). Tin Can Metal Art may work with certain partners and affiliates whose sites are linked with Tin Can Metal Art. Tin Can Metal Art is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Tin Can Metal Art makes no guarantees about the content or quality of the products or services provided by such sites. Tin Can Metal Art is not responsible for webcasting or any other form of transmission received from any Third Party Site. Tin Can Metal Art is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Adore Me of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Tin Can Metal Art is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.