Welcome to leafiestix.com.  Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions.  Please read them carefully as they contain important provisions relating to your use of the site, including an agreement to engage in binding arbitration to resolve any disputes between us.  The website is owned and operated by leafiestix Limited.

I. Privacy

You should review our Privacy Policy to understand our privacy practices.

II. Terms of Use

License and Website Access

We grant you a limited, revocable license to access and make personal use of the website as our customer.  However, you are not permitted to:

• reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose, except as expressly provided;
• use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
• use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
• engage in any activity that interferes with the website or another user’s ability to use the website;
• modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
• assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates all licenses granted.

Electronic Communications

You consent to receive communications from us by e-mail.  You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright

All Website Content is our property or the property of our content suppliers and is protected by international copyright laws.  The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product.  All Website Content that is not our property is used with permission.  The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws.  All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies.  Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent.  All other trademarks and service marks not owned by Leafiestix Limited or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

Reviews, Comments, Communications and Other Content

Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners.  You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus.  You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content.  We regularly review content submitted to the website and we reserve the right to edit or remove any content that we find objectionable for any reason.  You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate generally accepted standards of decency.  You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website.  By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion.  We take no responsibility and assume no liability for any content posted by visitors to our website.

Suggestions and Ideas

Visitors may submit suggestions, ideas or questions.  By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.

Limitation of Liability

We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components.  We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages.  Certain laws do not allow limitations as contained in this clause.  If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

III. Terms of Sale

These Terms of Sale apply to all offers made by leafiestix Limited, all purchases and orders placed by you and all agreements concluded between leafiestix Limited and you in relation to the products and services offered on this website.

Parties

leafiestix Limited, an Irish Limited Company, is hereafter referred to as “Seller,” and the person or company purchasing goods, is hereafter referred to as “Buyer.”  All artwork described on the leafiestix website or by any other means between Buyer and Seller are referred to as “Product”.

Payment

Buyer shall be solely responsible for any sales, use, VAT, excise, import fees, or other taxes.  Such taxes will be added to the final prices in those instances in which Seller is required to collect them from Buyer; provided, however, that if Seller does not collect any such taxes and is later asked by or required to pay such taxes to any taxing authority, Buyer will make such payment to Seller.  At option of Seller, prices may be adjusted to reflect any increase in the costs of Seller resulting from any legislation or any change in the rate charge or classification of any carrier.  Unless otherwise specified by Seller, all prices are F.O.B. Seller’s shipping point.  The purchase price is due prior to shipment.  Buyer shall be responsible and liable for all expenses incurred by Seller in any collection, including all reasonable legal fees.

Delivery

Title to and risk of loss of the Product shall pass to Buyer as soon as the Product is delivered by Seller to the carrier.  Each shipment date is approximate, and Seller shall not be responsible for any damages of any kind resulting from any delay in shipment or delivery of any Product.  Buyer shall be responsible for all shipping, delivering, handling, storage and insurance charges, such charges to be added to the final cost of any Product or reimbursed by Buyer to Seller upon payment of such charges by Seller.  Buyer shall be responsible for any customs fees or any additional delivery charges resulting from customs review.

Warranty

Seller warrants that the Product is an original work of art of the named artist or a giclee print signed and/or embellished by artist and is sold “as is” and in substantial compliance with the quality and condition portrayed on Seller’s website.  SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR OTHERWISE, ON THE PRODUCT, OR ON ANY PARTS OR LABOR FURNISHED DURING THE SALE, DELIVERY, INSTALLATION, OR SERVICING OF THE PRODUCT.  Identical images  published using different media, e.g. an original painting, giclee print (poster), image on a website etc., may have very different parameters, including, but not limited to color, brightness, lightness, hue, and therefore may look very different. This is attributable to the differences between types of media, consequently leafiestix Limited is not responsible for any variance in images.

Claims

Buyer shall promptly inspect the Product upon delivery to identify any damage resulting from shipment.  Buyer agrees that any damages, and resulting claims, arising from shipment shall be satisfied solely through an insurance policy (the “Insurance”) issued by the insurance carrier covering the Product shipment, and Seller shall not be liable for any claims or damages not covered by any such Insurance.  All claims pertaining to damage from shipment must be asserted in writing or by email within ten (10) days after delivery of such Product or such claims are waived in perpetuity.  Any Legal or other action by Buyer based upon breach of this contract or upon any other claim arising out of this sale must be commenced within thirty (30) days from the tender of delivery by Seller.

Limitation of Liability

IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR AS THE RESULT OF THE SALE, DELIVERY, NON-DELIVERY, INSTALLATION, SERVICING, USE OR LOSS OF USE OF THE PRODUCT OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER’S WRITTEN CONSENT, EVEN THOUGH SELLER HAS BEEN NEGLIGENT. IN NO EVENT SHALL SELLER’S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCT IN RESPECT OF WHICH DAMAGES ARE CLAIMED.

Credit

If Buyer shall fail to pay any indebtedness to Seller promptly when due or if Buyer’s performance or financial condition shall at any time seem to Seller inadequate to warrant an extension of credit, Seller may, if it so elects, with or without demand for any payment past due and without prejudice to any other rights or remedies available to it, take some or all of the following actions:  (a) Require cash payment in advance or on delivery or on presentation of a sight draft attached to a bill of lading or such other security or proof of responsibility as is satisfactory to Seller, as a condition to making further shipments of the Product to Buyer or any of its customers (irrespective of whether such shipments are in fulfillment of any order already received and accepted by Seller).  (b) Fill orders previously received by Buyer by shipping the Product direct to customers of Buyer and invoicing said customers as agent for Buyer with the credit risk to be borne by Buyer, and hold the proceeds received from such customers until Buyer is current with Seller.  (c) Cancel any unfilled and unshipped order or portion thereof, by Buyer for the Product.  (d) Apply any outstanding credits or loans due Buyer against any indebtedness owing by Buyer to Seller, whether or not due or past due.  If Buyer fails in any way to fulfill any of its obligations hereunder, Seller may defer further shipments until such default is corrected or cancel this order and recover damages.

Cancellations

After acceptance by Seller, an order shall not be subject to cancellation by Buyer except with Seller’s advance written consent and upon terms that will indemnify Seller against all direct, incidental and consequential loss or damage including, but not limited to, the losses, damages and expenses described in Section 3 above.

Limitation of Assignment

Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other, except that Seller shall have the right to assign them to any company with which it is affiliated or to any corporation into which it shall be merged, with which it shall be consolidated, or by which it, or all or substantially all of its assets, shall be acquired or any other company resulting from a reorganization of Seller or its business segments.

Entire Agreement

This document contains the entire agreement between Seller and Buyer and constitutes the final, complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral communications, agreements, forms or negotiations with respect to the subject matter hereof and replaces the same in its entirety.  By way of illustration and not limitation, Buyer’s order shall be deemed to incorporate, without exception, all terms and conditions hereof notwithstanding any order form of Buyer containing additional or contrary terms or conditions, unless Buyer shall have expressly advised Seller to the contrary in a writing apart from such order form, and no acknowledgement by Seller of an order by Buyer shall be deemed to be an acceptance by Seller of any such additional or contrary terms or condition.  Any acknowledgement by Seller of any order by Buyer is expressly conditional on Buyer assenting to, or otherwise being bound by, any terms or conditions hereof which are in addition or contrary to the terms and conditions of Buyer’s order form.  No additional or contrary terms or conditions or modifications may be made to the terms and conditions contained herein except by a written instrument signed by one of Seller’s officers.  Stenographical and clerical errors are subject to correction by Seller.

Copyright

Buyer understands and agrees that the copyright (the “Copyright”) to the Product is retained by the original artist, and that the transaction herein is not a sale or license to the Copyright to Buyer.  Buyer agrees not to copy or reproduce the Product in any way.

IV. Disputes

Applicable Law

By placing an order with leafiestix Limited, you and we agree that this document, the sale of all Products and any dispute shall be governed by and interpreted in accordance with the laws of Ireland and shall be subject to the jurisdiction of the Irish Courts.

Severability

If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Updated January 17, 2021