This page contains the terms & conditions. Please read these terms & conditions carefully before ordering any products from us. You should understand that by ordering any of our products, you agree to be bound by these terms & conditions.
By placing an order at American Chordata, you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed from American Chordata or the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
Terms & Conditions in Brief
- By ordering any of our products, you agree to be bound by these terms & conditions.
- By placing an order from American Chordata, you warrant that you are at least 18 years old or have parents’ permission to buy from us.
- All personal information you provide us with or that we obtain will be handled by American Chordata as responsible for the personal information.
- Events outside American Chordata’s control shall be considered force majeure.
- The price applicable is that set at the date on which you place your order.
- Shipping costs and payment fees are recognized before confirming the purchase.
- Card information is transmitted over secure SSL encryption and is not stored.
- Please note that local charges may occur.
- American Chordata reserves the right to amend any information without prior notice.
Terms & Conditions
- RETURN POLICY
As a general policy, American Chordata is unable to accept returns, refunds, or exchanges. American Chordata handles returns on a case-by-case basis. If there is a problem with your shipment, send American Chordata an email at:
orders (at) americanchordata.org
If your issue arrives damaged, please contact American Chordata at [email protected] All claims on damaged prints must be made within 48 hours of receiving the package. Please keep in mind that products may not be replaceable as all American Chordata print products are limited editions. American Chordata will do its best to address your issue.
(a) These terms and conditions of sale (these “Terms”) are the only terms which govern the online sale of the products and goods (“Goods”) sold by American Chordata Foundation, Inc. through its website located at https://americanchordata.org, to you (“Buyer”).
(b) The accompanying online invoice (the “Sales Confirmation” and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Buyer’s general terms and conditions of purchase regardless of whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer’s order does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend these Terms.
(a) The Goods will be delivered within a reasonable time after the receipt of Buyer’s online purchase order, subject to the availability of finished Goods. American Chordata shall not be liable for any delays, loss or damage of the goods while in transit.
(b) Unless otherwise agreed to in writing by the parties, American Chordata shall deliver the Goods to Buyer using American Chordata’s standard methods for packaging and shipping such Goods.
(c) American Chordata may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer’s purchase order.
(d) If for any reason Buyer fails to accept delivery of any of the Goods on the date fixed pursuant to American Chordata’s notice that the Goods have been delivered at Buyer’s requested delivery address, or if American Chordata is unable to deliver the Goods at Buyer’s requested delivery address on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations: (i) risk of loss of the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iii) American Chordata, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
(a) The quantity of any installment of Goods as recorded by American Chordata on dispatch from American Chordata’s place of business, or the place where American Chordata stores the Goods, is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
(b) American Chordata shall not be liable for any non-delivery of Goods (even if caused by American Chordata’s negligence) unless Buyer gives written notice to American Chordata of non-delivery within 7 days of the date when the Goods would have been received in the ordinary course of business.
(c) Any liability of American Chordata for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time period or by adjusting the invoice total to reflect the actual quantity delivered.
- TITLE AND RISK OF LOSS
Title and risk of loss passes to Buyer upon delivery of the Goods at the Buyer’s requested delivery address. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to American Chordata a security interest in and to all of the right, title and interest of Buyer in, to and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing.
- AMENDMENT AND MODIFICATION
These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.
- INSPECTION AND REJECTION OF NONCONFORMING GOODS
(a) Buyer shall inspect the Goods within 7 days of receipt (“Inspection Period”). Buyer will be deemed to have accepted the Goods unless it notifies American Chordata in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by American Chordata. “Nonconforming Goods” means the following: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) the product’s label or packaging incorrectly identifies its contents.
(b) If Buyer timely notifies American Chordata of any Nonconforming Goods, American Chordata shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods; or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to American Chordata’s facility or warehouse. If American Chordata exercises its option to replace the Nonconforming Goods, American Chordata shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s risk of loss, the replaced Goods to Buyer’s requested delivery address.
(c) Buyer acknowledges and agrees that the remedies set forth herein are Buyer’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided here, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to American Chordata.
(a) Buyer shall purchase the Goods from American Chordata at the price[s] (the “Price[s]”) identified on its website for the specific product or good advertised for sale and as of the date of Buyer’s purchase.
(b) All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes.
- PAYMENT TERMS
Buyer shall pay all invoiced amounts due to American Chordata at the time of online purchase of the Goods. Buyer shall make all payments hereunder by credit or debit card only and all payments must be made in U.S. dollars. All products remain American Chordata’s property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents’ permission to buy from American Chordata.
All transfers conducted through American Chordata are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway choosen for the transaction as they are responsible for the transactions made.
- LIMITED WARRANTY
(a) American Chordata warrants to Buyer that for a period of (7) the date of shipment of the Goods (“Warranty Period”), that such Goods will materially conform to the specifications published specifications on the American Chordata’s website as of the date of purchase.
(b) EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 9(a), AMERICAN CHORDATA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY OF TITLE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) Products and goods manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods, or may be sold separately through the Website. Third Party Products are not covered by the warranty in Section 9(a). For the avoidance of doubt, AMERICAN CHORDATA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(d) American Chordata shall not be liable for a breach of the warranty set forth in Section 9(a) unless: (i) Buyer gives written notice of the defect, reasonably described, to American Chordata within 7 days of the time when Buyer discovers or ought to have discovered the defect; (ii) American Chordata is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer, if requested to do so by American Chordata, returns such Goods to American Chordata’s place of business at American Chordata’s cost for the examination to take place there; and (iii) American Chordata reasonably verifies Buyer’s claim that the Goods are defective.
(e) American Chordata shall not be liable for a breach of the warranty set forth in Section 9(a) if: (i) Buyer makes use of such Goods after giving such notice; or (ii) the defect arises because Buyer failed to follow American Chordata’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods.
(f) THE REMEDIES SET FORTH IN SECTION 9 SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND AMERICAN CHORDATA’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 9.
- LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL AMERICAN CHORDATA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY BUYER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY, CONTRACT, TORT OR OTHERWISE, UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL AMERICAN CHORDATA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT AND INCLUDING NEGLIGENCE OR OTHERWISE, EXCEED (7).
(c) The limitation of liability set forth in Section 10(b) above shall not apply to (i) liability resulting from American Chordata’s gross negligence or willful misconduct; and (ii) death or bodily injury resulting from American Chordata’s acts or omissions.
- COMPLIANCE WITH LAW
Buyer shall comply with all applicable laws, regulations and ordinances.
In addition to any remedies that may be provided under these Terms, American Chordata may terminate this Agreement with immediate effect upon written notice to Buyer in American Chordata’s sole discretion.
No waiver by American Chordata of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by American Chordata. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
- FORCE MAJEURE
American Chordata shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of American Chordata.
Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without American Chordata’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Agreement.
- GOVERNING LAW
All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision.
- SUBMISSION TO JURISDICTION
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in Manhattan and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Sales Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (i) upon receipt of the receiving party, and (ii) if the party giving the Notice has complied with the requirements of this Section.
- PERSONAL INFORMATION
All personal information you provide us with or that we obtain will be handled by American Chordata as responsible for the personal information. The personal information you provide will be used to ensure deliveries to you, the credit assessment, to provide offers and information on our catalog to you. The information you provide is only available to American Chordata and the payment processor you choose at checkout, and will not be shared with other third parties. You have the right to inspect the information held about you. You always have the right to request American Chordata to delete or correct the information held about you. By accepting the American Chordata Conditions, you agree to the above.
The first type of cookie commonly used is “Session Cookies”. During the time you visit the website, our web server assigns your browser a unique identifier string so as not to confuse you with other visitors. A “Session Cookie” is never stored permanently on your computer and disappears when you close your browser. To use American Chordata’s shop without bugs you need to have cookies enabled.
The second type of cookie saves a file permanently on your computer. This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. The text files can be deleted. American Chordata’s shop uses this type of cookie to keep track of your shopping cart and to keep statistics of our visitors. The information stored on your computer is only a unique number, without any connection to personal information. We wish it weren’t so, but apparently such is the way with eCommerce!
- ADDITIONAL INFORMATION
American Chordata reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. At the event of when a product is sold out, American Chordata has the right to cancel the order and refund any amount paid in the best way. American Chordata shall also notify the customer of equivalent replacement products if available.
All enquiries: subscriptions (at) americanchordata.org
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.