1.1 This website is owned and operated by SoftArtistry, 11255 Quiet Lake Dr, Conroe, TX 77304, United States.
1.2 As a user of this website you acknowledge that any use of the website including any transactions you make is subject to these terms and conditions below. These terms and conditions constitute the sole terms and conditions of the contract between you and us. No other terms, conditions, or understanding, whether oral or written, shall be binding upon us.
1.3 We reserve the right to change these terms and conditions at any time. Any such changes will take effect on the date posted on the website. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify acceptance to be bound by the latest terms and conditions.
1.4 In these terms and conditions:
1.4.1 “we/us/our” means SoftArtistry;
1.4.2 “you/your” means the person, company or other legal entity using the website whether to purchase the Goods or not;
1.4.3 “Goods” means all products listed on the order and the order confirmation e-mail;
1.4.4 “working days” means all days other than Saturdays, Sundays or public holidays in the United States.
1.5 These terms and conditions set out the basis on which you can use our website and place orders for goods from us. By ordering goods from us, you are deemed to have read, understood and accepted our terms and conditions below.
1.6 Please read through these terms and conditions carefully before using this website.
2. NATURE OF THE GOODS
2.1 To the best extent possible, any goods purchased from us through our website will :
2.1.1 be of satisfactory quality;
2.1.2 be fit for purpose;
2.1.3 match the description provided; and
2.1.4 be assembled and/or installed properly (if we assemble and/or install any goods for you)
2.2 We must provide you with goods that comply with your legal rights under the laws of Texas and the United States.
2.3 We will use all reasonable endeavors to ensure that any description of our goods on our website is accurate. There may be a small tolerance of up to ten percent (10%) in any weights, sizes, and measurements in our goods.
2.4 The colors of our goods are displayed accurately on the website, however, the colors that you see may vary depending on the monitor, software and/or browser you are using to view our website. We cannot accept any responsibility for variation caused by the equipment you are using to access our website.
2.5 All goods are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend to use any goods in a business or public environment.
3. OUR LIABILITY
3.1 Subject to Clause 3.3, if either we or you breach this Agreement and are responsible for any losses that the other suffers as a result, neither of us will be responsible to the other for any losses which were not foreseeable to you and us when the contract was formed.
3.2 We will not be liable to you for any losses that you suffer as a result of use of the goods in the course of a business or by a person other than a consumer.
3.3 These terms and conditions are not intended to limit, in any way our or your liability:
3.3.1 for death or personal injury caused by our negligence;
3.3.2 for fraud or fraudulent misrepresentation; or
3.3.3 for any matter for which it would be unlawful or illegal for you or us to exclude, or attempt to exclude, your or our liability.
4. ORDER PROCESS
4.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
4.2 Acceptance of your order, and the completion of the contract between you and us will take place when you are presented with the screen informing you that your order has been placed and providing you with your order number. We will also provide you with an order confirmation email shortly after this.
5.1 At SoftArtistry, we strive to deliver your goods within the estimated timescales, however, delivery dates are not guaranteed. We do not interpret any delivery dates as adhering to the principle of “time is of the essence”.
5.2 For custom-made orders, we will contact you with an expected delivery schedule. For all other products, if we are unable to deliver within fifteen (15) working days from your order confirmation, we will notify you and either dispatch a replacement product at our cost or process a full refund. However, you are not entitled to any damages for late delivery.
5.3 Delays due to unforeseen circumstances, such as force majeure events, are occasionally inevitable. We will not be held accountable for any delays beyond our control, nor will we be liable for any loss or damages resulting from such delays.
5.4 If you receive damaged goods, please contact us promptly. We will arrange for the return of the damaged items and, upon receipt of the returned items, send a replacement product.
5.5 The risk of loss or damage to the goods is transferred to you upon delivery.
5.6 If you fail to accept or collect the delivered goods, the delivery will still be considered accepted, and you will be charged accordingly.
5.7 We use various couriers, including USPS, UPS, and FedEx, for US deliveries. We will select the courier that provides the best service for our customers. Please provide a mobile number or email address for delivery updates if available from the courier.
5.8 Our products are of ‘reasonable value’; therefore, our selected delivery service requires a signature upon delivery. Please consider this when placing your order.
5.9 For international orders, we use USPS, UPS, or FedEx. Shipping times and charges vary depending on destination and weight. Import duties and taxes may apply, which are not covered by SoftArtistry. To see standard delivery charges for international orders, please refer to the relevant section on our website.
5.10 If you suspect your order has been delayed, you may contact the courier directly or reach out to us for further information.
6. EVENTS BEYOND OUR CONTROL
6.1 We will not be held responsible for any failure or delay in fulfilling our obligations under the contract due to events, occurrences, or circumstances beyond our reasonable control. This includes, but is not limited to, events such as war, insurrection, national or international emergency, governmental advisories, fire, flood, explosion, pandemics, equipment breakdown, labor disturbances, transportation stoppage or delay, shortages of fuel, power, materials, supplies, or labor, or destruction or loss due to natural causes of any kind.
6.2 In the event of such disruptions, we will strive to fulfill our obligations as soon as possible and will seek a reasonable solution. If your purchase is not delivered within six (6) weeks of the estimated delivery date, due to circumstances beyond our control and without any fault on your part, you can contact us to request a full refund.
7. PRICING AND PAYMENT
7.1 The price of the goods will be as quoted at the time we receive your order, barring any obvious errors.
7.2 Payment for an order can be made via any of the methods specified on this website.
7.3 All credit/debit card transactions are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery, assuming no negligence on our part.
7.4 Unless otherwise stated, all prices include any applicable federal, state,or local taxes or assessments that may result from this transaction or any services related to these terms and conditions or the goods. Delivery charges are not included in the prices and will be displayed when you select a delivery option. These charges will be added to the total amount due when you proceed to pay for your order.
8.1 All goods are subject to availability. We typically notify you of availability during order placement; if not, we will inform you of any delay as soon as reasonably possible.
8.2 If we are unable to supply the goods, we will inform you as soon as possible. If you have already paid for the goods, a full refund will be processed.
9. RIGHT TO CANCEL, RETURNS, REFUNDS AND EXCHANGES
9.1 If the goods are found to be defective, you may cancel your order up to fourteen (14) days after the day the goods were received. We are willing to provide an exchange or refund, provided that the goods are returned complete, in original condition and in their original packaging. We suggest obtaining proof of postage when returning goods, as we cannot assume responsibility for goods lost in transit.
9.2 If any boxes have been opened to inspect the goods, it must have been done without damaging the packaging in any way. The packaging is specifically designed for the goods and is considered to be part of the goods. We retain the right to reasonably reject any returns where the goods, due to damaged packaging, are not in a resaleable condition.
9.3 For all returns to mainland United States, we provide a free returns service using USPS, UPS, FedEx. A pre-paid return label is provided upon following the return instructions.
9.4 Please ensure to read goods care information labels, as we will not refund or exchange goods that have been damaged during cleaning, ironing or washing.
9.5 If exchanging goods and the new goods you require cost less than those returned, we will refund the difference. If the new goods cost more, you will be required to pay the difference.
9.6 To cancel an order, you must notify us in writing (e.g. by a letter sent by post or email to the addresses shown below).
9.7 If you cancel your order per this section, your payment for the order will be refunded in full within fourteen (14) days.
9.8 When returning goods, please indicate that you wish to have a refund as well as the reason for returning. If it assists you, you may like to complete the order cancellation form provided, but this is not mandatory.
9.9 Please clearly state the fault with respect to the goods and try to package the goods so that it can be seen. Pack the goods securely in a parcel, include the returns note and send back to:
11255 Quiet Lake Dr
Conroe, TX 77304
9.10 Any goods that have not been packed correctly and have been damaged on return cannot be exchanged or a refund given.
10. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, ownership, and interest in all goods, trademarks, trade names, logos, distinctive marks, designs, and other materials provided or made available by us hereunder or within the context of the relationship between you and us (the “Intellectual Property”) are vested exclusively in us. You shall not reproduce, modify, transfer, grant, assign, license or use the Intellectual Property, except in accordance with these terms and conditions. Indications concerning intellectual property rights and concerning the confidential nature of information from goods and other materials created or made available by us to you shall not be removed or altered. We make no warranty that the goods, services, or other intellectual property do not infringe the rights of third parties.
No failure or delay by a party in exercising any right or remedy provided under these terms and conditions or by law constitutes a waiver of that or any other right or remedy. The further exercise of that or any other right or remedy shall not be precluded or restricted by any single or partial exercise of such right or remedy.
12.1 If any provision of these terms and conditions, or part of any provision, is found by any court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement. The validity and enforceability of the other provisions of this agreement shall not be affected.
12.2 If a provision of these terms and conditions, or part of any provision, is found illegal, invalid or unenforceable, we shall inform you and amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.
13. GOVERNING LAW AND JURISDICTION
13.1 Contracts for the purchase of goods through our website will be governed by Texas law, without reference to conflict of laws principles.
13.2 These terms and conditions are governed by Texas law, without reference to conflict of laws principles. The Texas courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site or from any contract for the purchase of the goods although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.
14. DISPUTES AND COMPLAINTS
14.1 We aim to resolve any disputes with you quickly and efficiently.
14.2 If you have any concerns or are unhappy with anything then please contact us as soon as possible. Our Customer Services can be contacted on the following e-mail [email protected].
14.3 If your dispute cannot be resolved, once our internal complaints process is exhausted, you may refer the disputeHere’s an updated version for softartistry.com with changes as per your requirements:
15. DATA PROTECTION AND PRIVACY
15.1 We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR)).
15.2 We collect information about you to process your order, manage your account and, if you agree, to email you about other products and services we think may be of interest to you.
15.3 We will not share your information for marketing purposes with companies outside of SoftArtistry.com.
15.4 In processing your order, we may send your details to, and also use information from credit reference agencies and fraud prevention agencies.
15.5 You have the right at any time to stop us from contacting you for marketing purposes or giving your information to other members of the SoftArtistry.com.
15.6 If you no longer wish to be contacted for marketing purposes, please contact us at [email protected].