Terms of service

Welcome to CRUART!

By accessing or using our website, you agree to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern CRUART's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

1. Acceptance of Terms

By accessing and using our website or services, you accept and agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms that may apply to certain sections of the website or to products and services available through the site.

2. Use of the Website

• You must be at least 18 years of age to use this website.
• You agree not to use our website for any unlawful purpose or to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
• Any use of automated systems or software to extract data from our website for commercial purposes is strictly prohibited unless you have an agreement with CRUART.

3. Intellectual Property Rights

All content on this website, including but not limited to text, images, logos, graphics, and designs, is the property of CRUART and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our prior written consent.

4. Orders and Payment

All orders placed through our website are subject to availability and our acceptance. We reserve the right to refuse or cancel any order at any time for any reason.

• All prices are listed in USD unless otherwise specified.
• Payments must be made via our accepted payment methods.

5. Shipping and Delivery

We are committed to delivering your order promptly, but we cannot guarantee exact delivery times. Shipping times may vary based on location and shipping method. CRUART is not responsible for delays caused by carriers.

6. Returns and Exchanges

All sales are final, and we do not accept returns. However, if your product arrives damaged, please contact us with your order number and details of the issue within 24 hours of receiving the item. For further details, please refer to our Return Policy.

7. Limitation of Liability

CRUART is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the website or the purchase or use of any products, to the fullest extent permitted by law.

• Mounting and Installation: CRUART is not responsible for any damage or injury that may occur during the mounting or installation of metal prints. It is your responsibility to ensure that the metal print is mounted securely and appropriately using suitable wall mounting hardware. If you are uncertain about installation, we recommend consulting a professional.

• Damage from Misuse or Improper Handling: CRUART is not liable for damage caused by improper handling, installation, or exposure to extreme conditions such as excessive moisture, heat, or direct sunlight after delivery. It is important to follow all care instructions provided with the product to ensure longevity and quality.

• Product Appearance: Due to variations in color display settings on monitors and devices, the colors and appearance of your metal print may differ slightly from the image displayed on our website. CRUART is not responsible for these slight variations.

• Maximum Liability: In the event of any defect, CRUART's liability is limited to the replacement of the damaged product or a refund, at our discretion, up to the original purchase price. CRU ART is not liable for any incidental, indirect, or consequential damages related to the use or inability to use our metal prints.

8. Third-Party Links

Our website may contain links to third-party websites that are not owned or controlled by CRUART. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share information about you.

10. Changes to the Terms of Service

We reserve the right to update or modify these Terms of Service at any time without prior notice. Changes will take effect immediately upon their posting on the website. Your continued use of the website after any changes will indicate your acceptance of the revised terms.

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of South Carolina without regard to its conflict of law provisions. Any dispute arising out of or relating to these terms will be subject to the exclusive jurisdiction of the courts located in Lancaster, South Carolina.

12. SMS marketing

By consenting to CRUART’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing CRUART products or services, you agree that any controversy, claim, action, or dispute between you and CRUART arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of CRUART’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorney’s fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Lancaster, South Carolina, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the South Carolina, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of CRUART s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to POBox: 696 Fort Mill, SC 29716. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with CRUART. You are responsible for ensuring CRUART ’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and CRUART agree that you may bring or participate in Claims against CRUART only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and CRUART agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.