TERMS AND CONDITIONS
Welcome to Taiyachan!
These are the terms and conditions for:
Please read the following carefully:
Your use of the Taiyachan Website (hereby “The Website” or “Taiyachan”) and purchase of the products (hereby “products”) on such website, means that you agree to these terms and conditions as set out below (hereby “Terms”).
SHOPPING ON THE WEBSITE
When you place an order for a Product (hereby “order”) you are offering to buy the product for the price advertised and stated on The Website as at the time of purchase, subject to The Terms.
When a website user with the intent to purchase a product on The Website, places an order online, Taiyachan will send that user an email to confirm that the order for the product purchased or about to be purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of their product order details.
The fact that the user receives an automatic confirmation does not necessarily mean that Taiyachan will be able to meet the client order and is not a guarantee of product availability. Once Taiyachan has sent the confirmation email Taiyachan will check product availability against the order placed by the website user. If the product is available, and order details are specific to intended product purchased with the correct product price as advertised at time of sale, this automatic email will be deemed an acceptance or product purchase and will specify delivery details and confirm the price of the Products purchased. If the product is not available, the website user will be informed either by email or telephonically.
Taiyachan (The Website) may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your Statutory Rights.
All new orders are deemed separate and each is treated individually.
Will always try to make sure that the prices on The Website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the User will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order.
The user must pay the price of the product as stipulated on the order before, the product is delivered to the user.
Taiyachan attempts to be as accurate as possible. However, Taiyachan does not warrant that product descriptions, product prices or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Taiyachan itself is not as described, your sole remedy is to return it in unused condition.
All content included on this site, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Taiyachan, its merchants, or its content suppliers and protected by Mexican and international copyright laws. The compilation of all content on this site is the exclusive property of Taiyachan and protected by Mexican and international copyright laws. All software used on this site is the property of Taiyachan or its software suppliers and protected by Mexican and international copyright laws.
RESALE OF PRODUCTS
Customer may not resell any portion of the digital artwork to any other party without prior written permission from Taiyachan, which may be granted or withheld in Taiyachan’s sole discretion.
WORK PRODUCT RIGHTS.
“Work Product” means all original creations prepared by Taiyachan for Customer in connection with this Agreement and the following services:
• Digital Illustration • Character Design and • Character Adoptables • Customized Illustrations.
Upon full and final payment, Taiyachan assigns to Customer all right, title and interest in and to the Work Product produced for Customer, for personal use only, the commercial license is not included. The right to exploit digital art and commercial license can only be granted under written authorization from
RISK OF LOSS
Some products purchased from Taiyachan are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
TAIYACHAN (THE WEBSITE) RESPONSIBILITIES
Taiyachan has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on Taiyachan or contact us for exact sizes.
Taiyachan shall insure Ordered Products at their retail value whilst being delivered to you. Please check the delivered Products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
Taiyachan will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet Taiyachan provides and maintains The Website on an “as is”, “as available” basis and makes no promise that use of The Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our Website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use The Website in breach of these terms you will be liable to and will reimburse Taiyachan for any loss or damage caused as a result.
Taiyachan will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Taiyachan excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Taiyachan and Taiyachan shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• Any incorrect or inaccurate information on Taiyachan Website;
• Any interruptions to or delays in updating Taiyachan Website;
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of The Website or any Product purchased through The Website;
• Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from The Website, or from transmissions via emails or attachments received from Taiyachan.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
Taiyachan may change or withdraw any part of The Website, or may refuse you access to the web site at any time if we consider it necessary.
Taiyachan may also terminate this Agreement and immediately remove, cancel or suspend access to and use of The Website upon breach of any part of these Terms whatsoever.
Termination shall be without prejudice to Taiyachan other rights.
If Taiyachan does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at Taiyachan option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These Terms constitute the full agreement between you and Taiyachan and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Use of Taiyachan Website and these terms are subject to the laws of Mexico and the jurisdiction of the Mexican Courts.