TERMS AND CONDITIONS POLICY
(Updated January 7, 2024)
Introduction
These terms and conditions (“Terms”), including any annexes attached hereto or will be added from time to time (this “Agreement”) are entered into by and between Noble Quest Enterprises, Inc. doing business as (d/b/a) Caveman with a Telescope (“Company”, “we”, “our” or “ us”) and you (“Affiliate”, “you” or “your”) regarding your use of the Caveman with a Telescope website to purchase products and any related service (the “Products”).
By purchasing our astrophotography prints and printed products and using our website, you agree to the following terms and conditions. You represent that you have the legal competence to enter into this Agreement. If you are entering into this Agreement on the behalf of an entity, you represent that you have legal authority to bind that entity. In the event of any conflict between the provisions in this Agreement and any document attached hereto, this Agreement shall prevail with respect to your use of the Services.
1. Product Descriptions
Our website provides detailed descriptions of astrophotography prints, including size, material, and any other relevant specifications. We strive to ensure that all descriptions are accurate, but slight variations may occur.
2. Ordering Process
Orders can be placed through our website. Customers must provide accurate and complete information during the ordering process. Company reserves the right to refuse or cancel any order.
3. Pricing and Payment
Prices are listed on our website and are subject to change without notice. Payment is required at the time of order and can be made through accepted payment methods as indicated on our site.
4. Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
5. Shipping and Delivery
We use third-party services for printing and shipping. Estimated delivery times are provided but are not guaranteed. Shipping costs and any applicable taxes will be added to your order total.
6. Return and Refund Policy
If an order arrives damaged or if the product is defective, you can contact us to return it within 7days of the delivery date. Printing service provider will investigate and if relevant, will refund you for the damaged or defective items, or replace it at their discretion. Refunds will be processed in the same manner as the original payment.
7. Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Noble Quest Enterprises, Inc. d/b/a Caveman with a Telescope. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Buyers may use the prints for personal, non-commercial purposes only.
8. Third-Party Services
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We use third-party providers for printing and shipping. While we choose our partners carefully, Company is not liable for any direct or indirect damages caused by these third-party services.
9. Privacy Policy
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Your privacy is important to us. We collect and use personal information in accordance with our Privacy Policy, which is available on our website.
10. Limitation of Liability
Noble Quest Enterprises is not liable for any indirect, special, incidental, or consequential damages arising out of or in connection with our products or these terms and conditions.
11. Governing Law
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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States of America, the State of Florida, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Broward County, Florida. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
12. Right to Change and Modify Terms
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We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
13. Limitation of liability
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To the maximum extent permitted by applicable law, in no event shall Company, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
14. Indemnification
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You agree to indemnify and hold [website owner] harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
15. Contact Information
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For any questions or concerns regarding these terms and conditions, please contact us through the contact information available on our website.
Conclusion
Your purchase signifies your acceptance of these terms and conditions. If you do not agree with any part of these terms, please do not use our website or purchase our products.