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TERMS OF USE
1. About Terms of Use
1.1 These Terms of Use apply to your use of TheImagesHome.com (the Site) which owned and operated by Healthy Images Corp.
1.2 By accessing, browsing or ordering on the Site you agree to be bound by the Terms of Use and to comply with all applicable laws, rules and regulations.
1.3 If you do not accept the these Terms of Use in full, then you have no permission to access the content of the Site and have to stop using it immediately.
1.4 If you wish to place an order you have to accept our Terms for Buyers.
2. Site Integrity
2.1 You agree not to post or transfer to the Site any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach with any copyright or any other intellectual property right, or damaging to data, software or the performance of our or any other parties computer system. You agree to indemnify us in respect to any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition including, but not limited to, any claims made against us by any third party.
3. Copyright and Trade Marks
3.1 You acknowledge that the ownership in any intellectual property rights (including copyright) in the Site belongs to Healthy Images Corp. Accordingly any part of the Site can not be used, transferred or reproduced in whole or in part.
4. Links
4.1 You may not link the Site to any other web site.
4.2 Other web sites wishing to link to the Site from their web sites must contact Healthy Images Corp (wow@theimageshome.com) and may do so only after receipt of or our written authorization.
5. Liability
5.1 Please be aware that to the extent permitted by law and as expressly provided in the Conditions for Buyers, we do not accept liability in respect to the Site, your use of it or our ordering service.
INFORMATION FOR BUYERS
How to buy
If you agreed with Terms of Use of our Site, you can review all available materials. Once you have found something you would like to buy, you should place it in your Shopping Cart and proceed to Checkout. Please Note that we require all buyers to be our members and be logged in. This is for your security and help us to counter any fraudulent transactions that might otherwise take place in your name. During the checkout process you will be asked to accept Our Conditions for Buyers, enter your delivery and contact details and to select a payment option. All credit card transactions are conducted on SSL secure servers.
Methods of Payment
We currently accept the following credit cards: VISA, Master Card, American Express. You can also make payments by USD checks or USD Money Orders.
Formation of Contract
Your order will initially be treated as an offer to buy your selected works, and will be accepted only after we have confirmed that the works are available and the payment has been received. AS soon as we accepted your offer the contract of purchase comes into effect.
Approval Period
All works you purchase from us come with a 14 day Approval Period, which starts the day after you accept delivery of our item.
Return Policy
You can cancel your order, in part or in full, at any time prior to the works being sent to you or if they fail to arrive within 45 days of you placing your order ( and we have not agreed a later delivery date for you)
After delivery you can return any work to Healthy Images Corp by contacting us within the Approval Period and sending it back to us, in the original packaging, within 14 days. You will be refunded in full.
Damaged and Incorrect Items
Please inspect the packaging before to signing for delivery of your Healthy Images Corp order. If the packaging is damaged you have to open it immediately, in the presence of the delivery company representative,before signing for it. Inspect the contents of the package: if they are damaged you should either refuse to accept delivery or get a signed statement from the delivery company representative stating that the contents were damaged in transit. In both cases please contact us immediately.
If you find that the item has been sent in a damaged state or that the incorrect item has been sent please contact us immediately and we will either arrange for the item to be replaced, or for you to receive a full refund including the cost of the return delivery.
CONDITIONS FOR BUYERS
You will find set out below the terms and conditions for Buyers ("Conditions") on which we Healthy Images Corp, operating TheImagesHome.com and contract as distributors on behalf of artist and designers, and representative of artists and designers for the sale of Products. Before proceeding to place an order we request the buyers to read the Conditions thoroughly. Your attention is especially important when you read paragraph 9 which limits our liability and liability of those for whom we act as distributor.
1. Introduction
1.1 Some terms with special meaning are used in these Conditions:
"Approval Period" means the period of 14 days beginning with the day after the day of delivery of our products to the Buyer except for Commissioned Products where there is no Approval Period.
"Buyer" mean a person who offers to buy our Product
"Commissioned Product" is a Product which is made for a Buyer according to the Buyer request.
"Contact" means a contract for the purchase and sale of the Products.
"Delivery Charges" delivery and insurance charges including sales tax.
"Performance Period" a period of 45 days beginning with the day after the day the Buyer's order was received by Healthy Images Corp or other period as may be agreed between the Buyer and Healthy Images Corp.
"Price" means the price of the Product inclusive sales tax but exclusive Delivery Charges.
"Products" meant items ready made of made to order as Commissioned Products offered through the Site.
"Site" means the web site. owned and operated by by Healthy Images Corp and which is located at http://www.theimageshome.com or any subsequent URL which can replace it from time to time.
"Supplier" means the artist, craftsman, designer, producer, writer or representative of any artist, craftsman, designer, producer or writer who is named as the supplier in connection with any Product offered for sale on the Site.
"Total Purchase Price" means the price plus the Delivery Charges relating to the Product.
"Writing" consist of: e-mail, facsimile transmission and comparable means of communications.
1.2 Any reference in this Conditions to any provision of a statute will also include that provision as amended re-enacted or extended at the relevant time.
1.3 The heading of these Conditions are for convenience only and shall not affect their interpretations.
1.4 Except where the context otherwise requires, word denoting the singular include plural and vice versa; word denoting any gender should include any genders; words denoting persons include firms and corporations and vice versa.
2. Applications of the Conditions
2.1 These conditions should apply to all contracts for the sale of Products through this Site to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any confirmation of order or similar document.
2.2 All orders for Products shall be deemed to be an offer by the Buyer to purchase Products pursuant to these Conditions.
2.3 A contract for the purchase of the Products shall come into effect on the acceptance by Healthy Images Corp of an offer by the Buyer as referred to in paragraph 2.2
2.4 Acceptance of delivery of the Products shall be deemed conclusive evidence of an offer by the Buyer to purchase Products pursuant to these Conditions.
2.5 Acceptance of delivery of the Products shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions
2.6 Any variations of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Healthy Images Corp
2.7 Healthy Images Corp employees or agents are not authorized to make any representation concerning the Products unless confirmed by Healthy Images Corp in writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.8 Any advice or recommendation given by Healthy Images Corp or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Products which is not confirmed in Writing by Healthy Images Corp or the Supplier is followed or acted upon entirely at the Buyer's own risk, and accordingly Healthy Images Corp shall not be liable for any such advice or recommendation which is not so confirmed.
2.9 Any typographical, clerical or other error or omissions any description of the Product on the Site or in any quotation, price list, acceptance of offer, invoice or other document or information issued by Healthy Images Corp shall be subject to correction without any liability on nth part of Healthy Images Corp
2.10 Where a buyer is under 18 Healthy Images Corp reserves the right to require confirmation of any order to be given by an adult who is related or otherwise connected to such Buyer.
3 The Price and Payment
3.1 Healthy Images Corp facilitates the purchase of the Products offered for sale on the Site by charging a Buyer for the Total Purchase Price ( which consists of the Price and the Delivery Charges)
3.2. The Total Purchase Price is payable by the Buyer to Healthy Images Corp as soon as the Buyer places the order for the Product.
3.3 Payment will be made in USD unless it is otherwise specified on the Site in respect of the relevant Product, in which case the currency as specified will apply. If the payment is made by credit or debit card it will be deemed to have been received when the payment has been authorized by the relevant credit or debit card company. Where payment were made by wire transfer, check, or other means, payment will be deemed to have been made on receipt of funds by Healthy Images Corp. checks must be made payable to Healthy Images Corp.
3.4 Healthy Images Corp will not confirm the order until payment has been received, except with prior written agreement wi ht certain specific buyers.
3.5 If the Buyer fails to pay the Total Purchase Price within five days of of placing the order, then, without prejudice to any other right or remedy available to Healthy Images Corp, Healthy Images Corp will be entitled to treat the order as having lapsed.
4.Delivery
4.1 Delivery of the Product will be made to the address notified by the Buyer to Healthy Images Corp as the delivery address. The Buyer will make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
4.2 If the Buyer fails to take delivery of the Products or fails to give Healthy Images Corp adequate delivery instructions Healthy Images Corp may:
4.2.1 Arrange for Supplier to store the Products until actual delivery, or if the Buyer wrongfully fails to take delivery of the Products, at the time when delivery has been tendered, charge the Buyer for the reasonable cost of storage (including insurance); or
4.2.2 return these Products to the Supplier with the Buyer remaining liable for all shipping and delivery costs for the Products; or
4.2.3 sell the Products at the best price obtainable and (after deduction all reasonable storage and selling expenses) account to the Buyer for the excess over the Total Purchase Price or charge the Buyer for any shortfall below the Total Purchase Price.
4.3 Any dates quoted for delivery of the Products are approximate only and Healthy Images Corp shall not be liable for the delay of the delivery of the Products. Time for delivery shall not be of the essence of the Contract. The Products can be delivered in advance of the quoted delivery date.
4.4 If on delivery the packaging of the Products is damaged then, before accepting the Product from the delivery company, the Buyer must immediately check that the Product itself is undamaged. If the Product itself appears to be damaged as a result of damage to the packaging, the Buyer must immediately report this to the delivery company official and notify Healthy Images Corp within 24 hours.
4.5 The buyer shall be deemed to have accepted the Products by the end of the Approval Period unless any prior claim has been as mentioned in paragraph 6
4.6 After acceptance the Buyer will not be entitled to reject the Products which are not in accordance with the Contract.
5. Export Terms
5.1 Where the Products are supplied for export, the provisions of this paragraph will apply notwithstanding any other provisions of these Conditions
5.2 The Buyer will be responsible for complying with any legislation of regulations covering the export of Products and the importation of the Products into the country of destination and for payment of any duties on them
6 Returns Policy
6.1 Prior to delivery, the Buyer is entitled to cancel the Contract, except the Contracts relating to Commissioned Products, and to be reimbursed for the Total Purchase Price in the following circumstances:
6.1.1 at any time prior to the sending of the Products to the Buyer
6.1.2 if the Products are not delivered within the Performance Period and agreement for the change of the Performance Period is not reached between the Buyer and Healthy Images Corp
6.2 Following despatch, the Buyer shall be entitled to cancel the Contract within the Approval Period. If the Contract is cancelled, the Buyer will return the Products to Healthy Images Corp within 14 days of giving notice of cancellation. The Buyer is responsible for the organizations of the return delivery of the Products and is liable for the delivery charges for the return delivery. The Buyer will be reimbursed the Total Purchase Price after the return of the Products.
6.3 If the Product arrives in a damaged conditions the Buyer must notify Healthy Images Corp accordingly within 24 hours. If Healthy Images Corp is unable to replace the Product or to arrange the repair of the Product to the satisfaction of the Buyer, the Buyer is entitled to cancel the Contract. The Buyer will be reimbursed for the Total Purchase Price.
6.4 If the Product that is delivered to the Buyer is not the Product that was ordered by the Buyer, the Buyer must notify Healthy Images Corp accordingly within the Approval Period. If Healthy Images Corp is unable to supply to the Buyer the Product that was ordered then the Buyer will be entitled to cancel the Contract. The Buyer will be reimbursed for the Total Purchase Price.
6.5 In the case of any return, the Buyer should state the reason for the return of the Product and (in case of damage) provide a description of the damage.
6.6 Return transportation of the Products will be arranged by the Buyer, unless otherwise is agreed with Healthy Images Corp to the return address provided with the Product of notified by Healthy Images Corp.
6.7 Contract relating to Commissioned Products may be only cancelled with the agreement of Healthy Images Corp and the Supplier, and the Buyer will be liable for all costs incurred by the Supplier relating to Commissioned Products.
6.8 Healthy Images Corp agrees to reimburse the Buyer within 45 days of the cancellation of the Contract.
7. Title and Risk
7.1 Title in the Product will (but not the copyright in the Product or any rights of reproduction in relation to the Product) pass to the Buyer on whichever is the later of the date on which the order was accepted and the date on which the Total Purchase was paid.
7.2 Risk in the Product will remain with the Supplier until delivered to the delivery address as specified by the Buyer whereupon risk will immediately pass to the Buyer.
7.3 All copyright in the Product and all rights of reproduction in relation to the Product will remain with the Supplier.
7.4 All rights in the image on the Site will belong to Healthy Images Corp, and it will retain the right to use it in whatever way it thinks fit
8. Privacy Policy
8.1 Buyers are referred to Healthy Images Corp Privacy Policy which is available on the Site.
9. Warranties and Liabilities
9.1 The Products will at the time of delivery correspond to the description given on the Site.
9.2 Care is taken with the preparation of images of Products on the Site, and the represented colors. Healthy Images Corp takes no responsibility for any difference which arises between the image on the Site and the Product itself as a result of the equipment used by the Buyer to access and view the image. Images on the Site are for guidance only and should not be relied on to determine either the tone or the color of any item. All rights in the images of the Product on the Site belong to Healthy Images Corp. and Healthy Images Corp has the right to use them in whatever way it sees fit.
9.3 Subject as expressly provided in these Conditions except where the Products are sold to a person dealing as a Consumer all warranties, conditions and other terms implied by statute of common law are excluded to the fullest extent permitted by law.
9.4 Where the Products are sold under a consumer transaction, the statutory rights of the Buyer are not affected by these Conditions.
9.5 Any claim by the Buyer which is based on any defect in the quality of conditions of the Products or their failure to correspond with specification shall (either of not delivery is refused by the Buyer) be notified by Healthy Images Corp within the Approval Period or (where the defect of failure was not apparent on reasonable inspection) within seven days after discovery of the defect. If delivery is not refused, and the Buyer does not notify Healthy Images Corp accordingly, the Buyer shall not be entitled to reject the Products and Healthy Images Corp shall not have any liability for any such defect and the Buyer's obligation to pay the Total Purchase Price shall be the same as if the Products had been delivered in accordance with these Conditions.
9.6 Where any valid claim in respect of any of the Products which is based on any defect in the quality or condition of the Products or their failure to meet specification is notified to Healthy Images Corp in accordance with these Conditions, where it is possible to do so, Healthy Images Corp will be entitled to arrange to replace the Products (or part of it) free of charge or, at Healthy Images Corp sole discretion, refund to the Buyer the Total Purchase Price of the Products (or prorated part of the Total Purchase Price) but Healthy Images Corp has no any further liability to the Buyer.
9.7 Except in case of death or personal injury caused by negligence of either Healthy Images Corp or the Supplier, neither Healthy Images Corp nor the Supplier will be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Healthy Images Corp or the Supplier or the employees or agents or otherwise of either such party) which arise out of or in connection with the supply of the Products or their use or sale by the Buyer, the entire liability of both Healthy Images Corp and of the Supplier under or in connection with this Conditions shall not exceed in aggregate the Price of the relevant Products, except as expressly provided in these Conditions.
9.8 Neither Healthy Images Corp, nor the Supplier will be liable to the Buyer or be deemed in breach of these Conditions by reason of any delay in performing or failure to perform, any of Healthy Images Corp or the Suppliers obligations in relations to the Products if the delay or failure was due to any cause beyond Healthy Images Corp and Supplier's reasonable control.
10. Indemnity
10.1 If any claim is made against the Buyer that the Products infringe the copyright, design, trade mark or other intellectual property rights of any person, then unless the claim arises from the use of drawing, design or specification supplied by the Buyer, the Seller will indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim, or paid or agreed to be paid by the Buyer in settlement of the claim provided that:
10.1.1 the Supplier and Healthy Images Corp are given full control of any proceedings or negotiations in connection with any such claim;
10.1.2 the Buyer gives the Supplier and Healthy Images Corp all reasonable assistance for the purposes of any such proceedings or negotiations;
10.1.3 except pursuant to a final award, the Buyer will not pay or accept any such claim or compromise any such proceedings without the consent of the Supplier and Healthy Images Corp; and
10.1.4 The Buyer shall do nothing what would vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement, and this indemnity will not apply to the extent that the Buyer recovers any sums under any such policy.
10.2 The Supplier and Healthy Images Corp will be entitled to benefit of, and the Buyer shall accordingly account to the Supplier and to Healthy Images Corp for, all damages and costs awarded in favor of the Buyer which are payable by, or agreed with consent of the Buyer to be paid by any other party in respect of any such claim;
10.3 Without prejudice to any duty the Buyer at common law, the Supplier and Healthy Images Corp will be entitled to require the Buyer to take such steps as the Supplier and Healthy Images Corp may reasonable require to mitigate or reduce any such loss, damages, costs or expenses for which the Supplier is liable to indemnify the Buyer under this clause.
10.4 In the case of Commissioned Products, if they have been made in accordance with the specification submitted by the Buyer, the Buyer will indemnify Healthy Images Corp and the Supplier against all loss, damages, costs and expenses awarded against or incurred by Healthy Images Corp or the Supplier in connection with or paid or agreed to be paid by Healthy Images Corp or the Supplier in settlement or any claim for infringement of any patent, copyright, design, trade mark or other intellectual property rights of any other person which results from the Supplier's use of the Buyer's specification.
11 Termination and Insolvency of the Buyer
11.1 This clause applies if:
11.1.1 the Buyer is in material breach of any of the provisions of these Conditions; or
11.1.2 the Buyer makes any voluntary arrangement with its creditors or (being individual or firm) becomes bankrupt or (being a company) become subject to an administration order or goes into liquidation (other than for the purposes of reconstruction); or
11.1.3 an encumbrancer takes possession or a receiver is appointed of any other property or assets of the Buyer; or
11.1.4 the Buyer ceases or threatens to cease to carry on business; or
11.1.5 Healthy Images Corp reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
11.2 if this clause applies then, without prejudice to any other right or remedy available to Healthy Images Corp, Healthy Images Corp is entitled to cancel the Contract of suspend any further deliveries under the Contract without any liability to the Buyer, and if the Products have been delivered but not paid by for the Total Purchase Price will become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
12 Notices
12.1 Any notices required to be sent under these Conditions have to be in writing and will be deemed duly served if hand delivered or sent by e-mail, fax (in each case with the original to be forwarded by first class mail) or by first class registered mail correctly addressed to the following address:
Healthy Images Corp
P.O.Box 113
New York, NY 10013
USA
E-mail: wow@theimageshome.com
or to the other address as either party may designate from time to time in accordance with this Clause 12
12.2 Any notice pursuant to Clause 12.1 shall be deemed to have been served:
12.2.1 if hand delivered at the time of delivery by posting through the letter box of the correct addressee in accordance with Clause 12.1;
12.2.2 if sent by e-mail within one hour of transmission during business hours at its destination or within 24 hours if not within business hours but subject to proof by the sender that is has received the acknowledgement confirming that the transmitted notice in readable form has been received and read;
12.2.3 if sent by fax within one hour of transmission during business hours but subject to proof by the sender that it holds an acknowledgement confirming receipt of the transmitted notice in readable form; and
12.2.4 if sent by mail within 48 hours of posting (exclusive of the hours of Sunday) if mailed to an address within the country of mailing and seven days of mailing if mailed to an address outside the country of mailing;
13. Force Majeure
13.1 Neither party shall be liable for failure to perform or delay in performing any obligation under this Conditions if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute. If such delay or failure continues for at least thirty (30) days, the party not subject to force majeure shall be entitled to terminate the Contract by notice in writing to the other.
14. General
14.1 These Conditions together with any document referred to any of it its terms con taints the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertaking or proposals, written or oral, between the parties in relation to such matters. No oral explanation or oral information given to any party shall alter the interpretation of these Conditions
14.2 No addition to, or modification of, any provision of these Conditions shall be binding on the parties unless made by a written instrument and signed by a duly authorized representative of each of the parties.
14.3 The failure to exercise or delay in exercising a right or remedy under these Conditions shall not be constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right of remedy under these Conditions shall prevent any further exercise of the right or remedy or the exercise or any other right or remedy. The right and remedies in these Conditions are cumulative and not exclusive of any rights or remedies provided by law.
14.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the reminder of the provisions in question should not be affected.
15. Law and Jurisdiction
15.1 These Conditions are governed by and construed in accordance with the laws of New York State and the parties hereby submit to the nonexclusive jurisdiction of the New York State courts in respect of any dispute of matter arising our of or connected with these Conditions.
16.
Questions?
If you have any questions please contact us and we will assist you.