I. Introduction
A. Purpose of the Terms of Service These Terms of Service (“Terms”) govern your access to and use of the services provided by FAI MACHINA LLC, a Washington limited liability company doing business as Avanti Artifacts (“Avanti Artifacts,” “we,” “us,” or “our”), including our website and any other features, content, or applications offered by us (collectively, the “Services”). The Services include the sale of various items such as mugs, tumblers, shirts, home decor, and other textiles.
B. Acceptance of the Terms of Service By accessing or using the Services, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Avanti Artifacts. If you do not agree to these Terms, you must not access or use the Services.
C. Modifications and Updates to the Terms of Service We reserve the right to modify, update, or change these Terms at any time and at our sole discretion. When we make changes, we will update the “Last Updated” date at the top of this document. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms.
D. Definitions “User,” “you,” or “your” refers to any person who accesses or uses the Services, whether or not they have made a purchase or otherwise interacted with Avanti Artifacts.
II. Privacy and Data Protections
A. Collection of Personal Information We collect personal information from our users in order to process orders and payments, provide a seamless shopping experience, and for other purposes as set forth in these Terms. Personal information may include, but is not limited to, your name, shipping address, email address, and payment information.
B. Use of Personal Information We use your personal information solely for the purpose of processing your order and payment, delivering your purchased items, and, if you opt in, sending you our newsletter containing marketing and promotional information. You are under no obligation to receive our newsletter and can unsubscribe at any time by clicking the “unsubscribe” link provided in the email or by contacting us.
C. Cookies and Tracking Technologies Our website uses cookies and other tracking technologies to collect information about your browsing behavior and preferences, which helps us improve the user experience, analyze site traffic, and personalize content. By using our Services, you agree to our use of cookies and tracking technologies in accordance with our Privacy Policy.
D. Third-Party Service Providers We partner with third-party payment processors and analytics companies to securely process payments, provide customer insights, and enhance the overall user experience. Third-party payment processors are clearly identified during checkout. We only share the necessary information with these third parties to process your order, such as your shipping address when passing it along to our partners for shipping. Our use of third-party analytics providers involves the collection of anonymized data, ensuring your information remains secure and private.
III. Intellectual Property Rights
A. Ownership and Licensing All artwork, designs, and other creative content featured on our website and products (“Content”) are owned and/or licensed by FAI MACHINA LLC. dba Avanti Artifacts. The Content is protected by applicable copyright, trademark, and other intellectual property laws.
B. Copyright and Trademarks All Content, including but not limited to the arrangement and compilation of such Content, is the exclusive property of FAI MACHINA LLC. or its licensors and is protected by copyright and trademark laws. Unauthorized use, reproduction, or distribution of any Content is strictly prohibited.
C. Prohibited Uses You agree not to reproduce, copy, distribute, sell, resell, or otherwise exploit for any commercial purposes any portion of the Content or the Services without the express written consent of FAI MACHINA LLC. You also agree not to use the Content in any manner that would infringe upon or violate the intellectual property rights of FAI MACHINA LLC. or its licensors.
D. Protection and Enforcement We reserve the right to take appropriate legal action to protect and enforce our intellectual property rights, including seeking injunctive relief, monetary damages, and any other remedies available under applicable law.
IV. Purchases and Transactions
A. Product and Service Descriptions All product and service descriptions, including images and specifications, are listed on their respective product pages. We strive to provide accurate and up-to-date information, but errors or inaccuracies may occur.
B. Pricing and Taxes Pricing for all items is clearly marked on both the item listing and during checkout. All applicable taxes will be calculated at checkout based on the shipping address, and customers will have the opportunity to review the total cost before completing the purchase.
C. Payment Methods and Processors We accept payments through PayPal, Visa, Mastercard, American Express, and Discover. PayPal and Stripe are our payment processors, ensuring secure transactions. For information regarding their privacy policies, customers should refer to the respective processor’s website.
D. Order Processing, Shipping, and Delivery Orders are typically processed within 72 hours unless otherwise stated or communicated via email. Shipping and delivery times are posted on the website and may vary depending on the item and destination, as we source our products globally. Customers will be notified of any changes or delays in shipping and delivery times.
E. International Shipping We offer limited international shipping to Canada, the United Kingdom, and European Union countries. International customers are responsible for any customs, duties, taxes, or fees associated with importing goods into their respective countries.
V. Cancellations, Returns, and Refunds
A. Cancellation Policy Customers may cancel their order within 24 hours of placing it. However, as a made-to-order company, we work quickly to process orders, so it is essential to contact us as soon as possible if you wish to cancel.
B. Returns and Exchanges Due to the made-to-order nature of our business, we generally do not accept returns or exchanges. However, if a product arrives damaged, defective, or lost, we will work with the customer to find a solution. Customers should contact us in such cases to discuss the issue and potential remedies.
C. Refunds If a refund is deemed necessary and approved, it will be processed using the same method as the original payment. Please note that it may take some time for the refund to appear on your account, depending on your bank’s policies and processing times.
D. Customer Support We are committed to providing a satisfactory shopping experience and will work with customers to address any concerns or issues they may have. If you have any questions or require assistance, please do not hesitate to contact us.
VI. User-Generated Content and Communications
A. Customer Communications Customers may communicate with us regarding order status, inquiries, and general support through the available contact channels. We encourage open communication to ensure a satisfactory shopping experience and to address any concerns or issues.
B. User-Generated Content Any content generated by customers, such as reviews, comments, or feedback, may be used by the company for marketing or promotional purposes. By submitting such content, customers grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
C. Content Guidelines When generating content or communicating with us, customers are expected to be respectful, courteous, and refrain from using offensive, abusive, or inappropriate language. We reserve the right to remove any content that violates these guidelines or is otherwise deemed unsuitable by us.
D. Privacy of Communications We respect the privacy of our customers and will handle all communications and user-generated content in accordance with our Privacy Policy. Please be aware that any personal information you disclose in your communications with us may be stored, processed, and used in accordance with our Privacy Policy and these Terms of Service.
VII. Limitation of Liability and Disclaimers
A. Disclaimer of Warranties All products and services provided by FAI MACHINA LLC. dba Avanti Artifacts are offered on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
B. Limitation of Liability In no event shall FAI MACHINA LLC., its officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use of, or inability to use, the services or products provided by us.
C. Third-Party Liability FAI MACHINA LLC. is not responsible for any loss, damage, or delay caused by third parties such as delivery companies or manufacturers. However, we encourage customers to contact us if they experience any issues related to their orders, and we will do our best to assist and make things right.
D. Indemnification You agree to indemnify, defend, and hold harmless FAI MACHINA LLC., its officers, directors, employees, agents, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the services or products, your violation of these Terms of Service, or your infringement of any intellectual property or other rights of any third party.
VIII. Termination
A. Termination by FAI MACHINA LLC. We reserve the right, in our sole discretion, to terminate or suspend your access to our services and products, cancel any orders, or terminate our relationship with you without prior notice, for any reason, including but not limited to breach of these Terms of Service or any applicable laws.
B. Termination by the Customer You may terminate your relationship with us at any time by ceasing to use our services and products. If you have any outstanding orders or issues, we encourage you to contact us to resolve them before terminating your relationship with us.
C. Effect of Termination Upon termination of your relationship with us, you will no longer have access to any services or products provided by FAI MACHINA LLC. Any outstanding orders or issues must be resolved in accordance with these Terms of Service and any applicable laws.
D. Survival The provisions of these Terms of Service, including but not limited to Intellectual Property Rights, Limitation of Liability and Disclaimers, and Governing Law and Dispute Resolution, shall survive the termination of your relationship with us and continue to be binding upon both parties.
IX. Governing Law and Dispute Resolution
A. Governing Law These Terms of Service and any dispute arising out of or in connection with your use of our services or products shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.
B. Dispute Resolution In the event of any dispute arising out of or in connection with your use of our services or products, both parties agree to first attempt to resolve the dispute amicably through negotiation. If the dispute cannot be resolved through negotiation, either party may seek to resolve the dispute through mediation, arbitration, or litigation in a court of competent jurisdiction in the State of Washington.
C. Jurisdiction and Venue You agree that any legal action or proceeding arising out of or in connection with these Terms of Service, our services, or our products shall be brought exclusively in the state or federal courts located in the State of Washington. You hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.
D. Waiver of Class Action Rights You agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general action.
X. Miscellaneous
A. Entire Agreement These Terms of Service, along with our Privacy Policy and Refunds and Returns policy, constitute the entire agreement between you and FAI MACHINA LLC. dba Avanti Artifacts concerning your use of our services and products, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us.
B. Privacy Policy and Refunds and Returns Policy Please review our Privacy Policy and Refunds and Exchanges policy, which are available on our website and are incorporated herein by reference. By using our services and products, you agree to be bound by the terms of these policies.
C. Severability If any provision of these Terms of Service is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall continue in full force and effect.
D. Waiver No failure or delay by FAI MACHINA LLC. in exercising any right, power, or remedy under these Terms of Service shall operate as a waiver of any such right, power, or remedy.
E. Contact Information If you have any questions, concerns, or comments about these Terms of Service, our services, or our products, please contact us.
F. Amendments We reserve the right to amend or modify these Terms of Service at any time and for any reason, without prior notice. Your continued use of our services and products following any changes to these Terms of Service will constitute your acceptance of such changes.
Last Updated 03/2023