Terms Of Service | ClassicPlainz

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ClassicPlainz.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

CUSTOM ART ORDERS

By using our Photos to Art interface you certify that you own copyright for the photo(s) or are authorized by the owner to make a photo-to-canvas reproduction.

TRADEMARKS

All brand names and products mentioned herein are either registered trademarks or trademarks of their respective owners and are hereby recognized as such.

WARRANTY DISCLAIMER

Products sold by ClassicPlainz.com are covered by Lifetime warranty replacement directly through ClassicPlainz.com. ClassicPlainz.com will exchange products that will become defective due to normal wear and tear during normal and appropriate application of the product. Shipping expense during the warranty transactions will not be covered by ClassicPlainz.com. If the product is no longer available, ClassicPlainz.com will replace the product for one of the same size, free of charge (excluding the shipping charges). ClassicPlainz.com reserves the right to deny any replacement of the products, including but not limited to the following reasons: loss of product, physical damage that was not caused by wear and tear, misuse of products, and fraudulent returns of products not sold to Customer by ClassicPlainz.com. Physical damage must be reported within 7 business days of the receipt of products in case for ClassicPlainz.com to make a claim and exchange the products.

PRODUCT PRICE CHANGES

In the event of a price reduction of an item recently ordered, ClassicPlainz.com will only credit a difference to an order if the order is in the process phase. Any price reduction will not be refunded if the order has been shipped.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ClassicPlainz.com, its officers, directors, employees, agents, licencors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

TYPOGRAPHICAL ERRORS

In the event that a ClassicPlainz.com product is mistakenly listed at an incorrect price, ClassicPlainz.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ClassicPlainz.com reserves 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 cancelled, ClassicPlainz.com will issue a full credit back to your credit card account in the amount of the incorrect price. ClassicPlainz.com is not responsible for typographical or photographical errors. Prices and specifications are subject to change without notice.

TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ClassicPlainz.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

ClassicPlainz.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ClassicPlainz.com.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ClassicPlainz.com products) shall be in the state or federal courts located in Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ClassicPlainz.com products) must be commenced within one (1) year after the claim or cause of action arises. ClassicPlainz.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ClassicPlainz.com may assign its rights and duties under this Agreement to any party at any time without notice to you. An accompanying Commercial Invoice, required by U.S. Customs will show a “Declared” Value that may not be equal to the actual value of the items.

PARTICIPATION DISCLAIMER

ClassicPlainz.com does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ClassicPlainz.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ClassicPlainz.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ClassicPlainz.com in its sole discretion.

LIMITATION OF LIABILITY

ClassicPlainz.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ClassicPlainz.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

CANCELLATION POLICY

Orders must be cancelled via email and a confirmation by one of ClassicPlainz.com representatives within the same business day before 6pm CST. Refused shipments may be subject to a 25% restocking fee.

PHONE ORDERS

By placing an order over the phone you (“Customer”) automatically agree to accept ClassicPlainz.com Terms and Conditions.

PURCHASE AGREEMENT AND PAYMENTS

All Credit Card transactions will be processed on the same date of the order. This capture of payment will be more than 1 business day in advance of shipment. As ClassicPlainz artwork is made-to-order, art prints are shipped between 5-7 business days after capture of payment and custom prints are shipped between 7-10 business days after capture of payment. By accepting delivery of any product sold from ClassicPlainz.com you (“Customer”) agree to be bound by the terms and conditions listed. You and ClassicPlainz.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and ClassicPlainz.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from ClassicPlainz.com.

SALES TAX

Sales tax is only required for orders shipping into Illinois. Therefore all orders shipping into Illinois will be charged applicable sales tax according to current tax rate. Please note that the sales tax for Illinois orders is calculated based upon the total price of the order, and include shipping and handling. The tax imposed by the state on shipping and handling is part of the state sales tax, not a separate tax.

DUTY TAX

All duties and taxes for orders outside of United States are to be paid by an appropriate party. ClassicPlainz.com is not responsible for any billing imposed by any state outside of United States. If products are being shipped outside of United States, the recipient of the product is fully responsible for all the applicable duties and taxes. If merchandise is refused at the time of delivery, it will be returned to ClassicPlainz.com where it will be held for 30 Days. If Goods are not claimed within 30 days of receipt at the warehouse, ClassicPlainz.com holds the right to cancel the order and charge a 25% restocking fee.

CONTRACT AGREEMENT

These terms and conditions, together with an ClassicPlainz.com invoice regarding the products ordered by the Customer, are the complete and exclusive agreement between ClassicPlainz.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between ClassicPlainz.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

PRIVACY

ClassicPlainz.com respects and values your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our website will be used for processing purposes only. The only e-mails you will receive from ClassicPlainz.com are:

Transactional: updates to status of orders and returns
Promotional: updates about discounts, new products, new artists, etc.
Informational: updates about ClassicPlainz

FAIR CREDIT BILLING ACT

We guarantee that every online transaction you make will be 100% safe. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for $50.00, ClassicPlainz.com will cover the entire liability for you, up to the full $50.00. ClassicPlainz.com will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

MOBILE TERMS OF SERVICE

Last updated: Aug. 31, 2024

The ClassicPlainz mobile message service (the “Service”) is operated by ClassicPlainz (“ClassicPlainz”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to ClassicPlainz’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of ClassicPlainz through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with ClassicPlainz. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18336620866 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other ClassicPlainz mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email support@ClassicPlainz.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ClassicPlainz.com. The collective work includes works that are licensed to ClassicPlainz.com. Copyright 2006-2017 and beyond, ClassicPlainz.com RESERVES ALL RIGHTS. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ClassicPlainz.com. You may display and, subject to any expressly stated restrictions or limitations relating to specific materials, download or print portions of the materials from the different areas of the site solely for your own non-commercial use, or to place an order with ClassicPlainz.com. Any other use, including but not limited to the copy/pasting, reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ClassicPlainz.com. You further agree not to change or delete any proprietary notices from materials downloaded from ClassicPlainz.com.

ART COPYRIGHT

In Purchasing any images on this website, you obtain no copyright rights or other intellectual property rights of any form in the content and may not duplicate or republish the art or photography for any reason, including, but not limited to, commercial purposes. You further understand and agree that in selecting any content and in adding text or other alterations to such content, you in no way obtain copyright rights or other intellectual property rights in the content as joint copyright owner or otherwise.

EGIFT CARDS

eGift Cards must be redeemed through the www.ClassicPlainz.com website and can only be used to purchase items available on the www.ClassicPlainz.com website.
eGift Cards are nontransferable and resale is prohibited.
eGift Cards may be purchased in denominations between U.S. $25.00 and $250.00.
Any coupons, discounts, or other promotional offers do not apply to and cannot be used to purchase eGift Cards.
If an order exceeds the amount of an eGift Card, the remaining balance must be paid by the customer.
ClassicPlainz is not responsible for lost, stolen, or misused eGift Cards. Risk of loss passes to the purchaser of the eGift Card upon electronic transmission of the eGift Card to the recipient.
eGift Cards have no expiration, except as required by law.
There are no maintenance or dormancy fees charged for unused eGift Card balances.
eGift Cards are nonrefundable and cannot be redeemed for cash value. The ClassicPlainz return policy does not apply to eGift Cards, however, it does apply to purchases made with eGift Cards. Any refunded amounts from products purchased with eGift Cards will be credited to the recipient’s eGift Card.
ClassicPlainz reserves the right to reverse any eGift Card purchases for any reason and return the funds to the recipient’s eGift Card.
eGift Cards and their use are subject to the ClassicPlainz Terms of Service and Privacy Policy which are incorporated herein. In the event of a conflict, these eGift Cards terms and conditions shall control.
eGift Cards issued as part of a promotion may be subject to different terms and conditions. See specific promotion for details and applicable terms.
ClassicPlainz may provide eGift Card purchasers with information about the redemption status of eGift Cards.
ClassicPlainz reserves the right to cancel any issued eGift Cards and/or close eGift Card accounts and/or request alternative forms of payment if a fraudulently obtained eGift Card is either redeemed through the www.ClassicPlainz.com website and/or is used to make purchases on the www.ClassicPlainz.com website.
ClassicPlainz makes no warranties, express or implied, with respect to eGift Cards, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. Certain state laws do not allow limitations or exclusions of certain warranties. Accordingly, only the limitations and exclusions which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
In the event an eGift Card is non-functional, the recipient and purchaser’s sole remedy, and ClassicPlainz’ sole liability, shall be the replacement of such eGift Card. Certain state laws do not allow limitations of certain damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

ClassicPlainz reserves the right to add, delete and/or modify any of these terms and conditions, at any time, in its sole discretion, by posting a change notice on the www.ClassicPlainz.com website. ClassicPlainz may notify you by email of substantive changes to these terms and conditions.
These terms and conditions are applicable to the maximum extent permitted by law and specific terms and conditions are void where prohibited.