terms of sale

Terms of SaleThis document contains crucial information regarding your rights and obligations, including conditions, limitations, and exclusions that may apply to you. Please read it carefully.By placing an order for products or services, including through the website (defined below), you accept and are bound by these terms and conditions.You may not order or obtain products or services from this site if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) the legal age to form a binding contract with Made By Thin Air, or (c) are prohibited from accessing or using this site or any of its contents, goods, or services by applicable law.These terms and conditions ("Terms of Sale") apply to the purchase and sale of products and services on or through madebythinair.com (whether in browser-based or mobile format, the "Site") or through any other method or channel where these Terms of Sale are provided or made available for review in connection with a purchase. These Terms of Sale are subject to change by Made By Thin Air (referred to as "MBTA," "us," "we," or "our") without prior written notice at any time at our sole discretion. The latest version of these Terms of Sale will be posted on this Site, and you should review these Terms of Sale before purchasing any products or services available through this Site. Your continued use of this Site after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes.These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 7).1.Order Acceptance and Cancellation: You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After receiving your order, we will send you a confirmation email with your order number and details of the items you have ordered, and a download link if a digital file is purchased. Acceptance of your order and the formation of the contract of sale between MBTA and you will not take place unless and until you have received your order confirmation email. Any services that you purchase pursuant to these Terms of Sale and for which you receive an order confirmation specifying the services purchased are referred to herein as the “Services.” Any products that you purchase pursuant to these Terms of Sale and for which you receive an order confirmation specifying the products purchased are referred to herein as the “Products.” Certain Products may be provided as part of a package price with other Products, and these Terms of Sale shall apply with equal force to all such Products that are “included” in the price of any other Products or provided without additional charge.2.Prices and Payment Terms: (a) All prices posted on this Site are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices include taxes but do not include customs fees or charges for shipping and handling fees for Products shipped outside the continental United Arab Emirates. All such taxes and charges will be added to your total and will be itemised in your shopping cart and in your order confirmation email. We are not responsible for pricing typographical or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.(b) Payment terms are within our sole discretion, and we may offer a payment plan to some customers, although we are not required to. We may offer third-party services on or through the Site to facilitate financing for an order. If you choose to utilise such third-party services (for example, Affirm), you will be subject to all terms and conditions of the third-party service provider. Such third-party may perform a credit inquiry and may request certain information from you in connection therewith. We do not control any such third parties and are not responsible for any action or omission by such third parties. Unless we offer you a payment plan in writing (including the details of such plan), payment must be received by us before our acceptance of an order, including without limitation all applicable taxes, customs fees, and charges for shipping and handling. If we do not accept your order, we will return or cancel any pending payment. Unless otherwise agreed by us in writing, we will not ship any Product until we have received payment in full, and all partial payments are non-refundable and forfeited to us if full payment is not completed. We accept most credit card purchases. We are not required to accept any other payment method. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and customs fees, if any. If we provide an invoice or other writing memorialising the payment due in connection with your order of Services and/or Products, these Terms of Sale shall apply to any such invoice or other writing and to the order and purchase of such Services and Products.3.Shipments; Delivery; Title and Risk of Loss: (a) Fine Art Prints Policy
  • We will arrange for shipment of the fine art print Products to you. You will pay all shipping and handling charges specified during the ordering process. All prints are printed to order. The turnaround time for fine art print orders is approximately 6-10 business days, depending on the destination.
  • Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  • We only deliver fine art prints to the following countries:
      • THE AMERICAS: United States, Canada, Mexico, Brazil, Argentina
      EUROPE: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic,Denmark, Estonia, Finland, France, Greece, Hungary, Ireland,Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,Netherlands, Norway, Poland, Portugal, Romania, Slovakia,Slovenia, Spain, Sweden, Switzerland
      MIDDLE EAST & INDIA: Bahrain, Egypt, Kuwait, Oman, Saudi Arabia, United Arab Emirates, Qatar
      ASIA: Australia, Singapore
(b) Fine Art Prints Policy
  • Upon completing your purchase, you will receive an email containing a download link for your digital file(s). Please note that this link is designed for one-time use only.
  • If you encounter any issues, we can resend the download link up to a maximum of two times. Beyond this, additional requests may not be accommodated. We recommend downloading and securely storing your file(s) as soon as possible.
4.Returns and Refunds:All sales of Products and Services are final, non-refundable, and non-returnable other than as explicitly set forth in this Section 4.(a) If you receive a Product that is different from the Product you ordered, please contact us immediately at info@madebythinair.com. We may require you to provide photographic or other evidence related to the erroneously delivered Product. If you received the wrong Product due to our error, we will replace it with the correct Product at our cost. We may require you to return the erroneously delivered Product prior to sending the replacement.(b) If you receive a Product in damaged condition, you may submit a claim within seven (7) days of delivery of the damaged Product by emailing us at info@madebythinair.com. After seven (7) days, we shall not accept claims for damage. You must carefully follow all of the following instructions to submit a claim for damages: (1) When you receive any Product from us or our affiliate, examine the outside of the box or shipping container and note any visible damage; (2) If damaged, take pictures of the damaged area(s) and the entire outside of the box or container prior to opening it; (3) Open the package and examine its contents for any damage; (4) If the Product is damaged, take clear and complete pictures of all damaged areas of the Product and the entire Product; (5) Send all photos and other evidence of damage to info@madebythinair.com and include the word “Damage” and your order number in the subject line. We will attempt to resolve the issue, including by submitting a damage claim to the applicable shipping carrier; however, at all times we shall have full discretion to provide a refund, replace the Product, credit your account, or provide any other or no remedy that we deem appropriate. Do not return any Product to us without first contacting us and receiving express authority to return a Product. If you make your own arrangements for return shipping, you bear the risk of loss during shipment.(c) We cannot accept claims for damage after the seven (7) day period referenced above. When you purchase fine art prints, you are solely responsible for the care and maintenance of such Product(s). We use our best efforts to print using high-quality ink and paper; however, we cannot and do not guarantee that prints will never fade. For example, placing a print in a location with a large amount of direct sunlight may cause it to fade over time. All sales are final, non-returnable, and non-refundable other than as set forth in Section 4(a) or 4(b). Nothing in this Section 4 is intended to limit the applicability of Section 5(b).5.No Warranty; Disclaimers; Limitation of Liability:(a) We make no express or implied warranties, covenants, or representations of any kind with respect to the Services or Products or any content of the Services or Products. We expressly disclaim all warranties of any kind, express or implied (including but not limited to warranties implied from a course of performance or course of dealing), statutory or otherwise, including but not limited to implied warranties of merchantability, suitability, fitness for a particular purpose or use, title, and non-infringement with regard to any Product or Service you order or purchase from us. The Services and Products are provided on an “as is,” “where is,” “as available,” and “with all faults” basis. By way of example but not limitation, and without limiting the applicability of Section 4(c), we do not represent or warrant that Products consisting of AI art or AI photography prints will never fade or become discoloured, regardless of the care taken by us or you to preserve the original quality and condition of such Products.(b) Information provided through or in any Services or Products (including without limitation content, oral or written advice, and all other information provided in or through any Product or Service) is for entertainment and/or informational purposes only. Neither MBTA nor any of our suppliers, affiliates, or other third parties provide any warranty, guarantee, or promise, whether written or oral, regarding the accuracy, effectiveness, applicability, or suitability of any Product or Service, any content provided through or in any Product or Service, or any other content or information otherwise provided to you. MBTA, our suppliers, and other third parties disclaim any responsibility for the accuracy or completeness of any content or information provided in connection with the Products and/or Services.(c) You acknowledge and agree that you are solely responsible for determining the proper use and for all other matters relating to your use of any Products or Services. You agree to use the Products and Services only for lawful purposes and in accordance with any applicable user documentation, product or service limitations, and restrictions. We disclaim any and all liability in connection with any such matters. If you are dissatisfied with any Product or Service, your sole remedy is to cease using such Product or Service.(d) IN NO EVENT WILL MBTA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION THE USE, MISUSE, OR INABILITY TO USE ANY PRODUCT OR SERVICE), INCLUDING WITHOUT LIMITATION ANY LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OTHER INTANGIBLE LOSSES, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSSES, EVEN IF MBTA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, AND WITHOUT LIMITING ANYTHING IN SECTION 4, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE, ANY PRODUCT OR SERVICE, OR ANY OTHER MATTER WHATSOEVER SHALL BE $100.006.Indemnity: You agree to defend, indemnify, and hold harmless MBTA, our affiliates, and their respective employees, officers, directors, contractors, agents, suppliers, and representatives from any and all third-party claims, demands, losses, liabilities, damages, costs, and expenses, including without limitation reasonable attorneys' fees, arising out of or in connection with (i) your use or misuse of any Product or Service or (ii) your breach of these Terms of Sale.7.Privacy: We respect your privacy and are committed to protecting it. Our Privacy Policy, [insert link to Privacy Policy], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.8.Force Majeure:We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including without limitation acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown, or power outage.9.Governing Law and Jurisdiction: This Site is operated from the United Arab Emirates (UAE). All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the UAE without giving effect to any choice or conflict of law provision or rule (whether of the UAE or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the United Arab Emirates (UAE).10.Waiver and Severability: No waiver by MBTA of any term or condition set out in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MBTA to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.11.Entire Agreement: These Terms of Sale, our Privacy Policy, and our Website Terms of Use constitute the sole and entire agreement between you and MBTA regarding the subject matter herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.Contact Information
This Site is operated by:
Made By Thin Air
Office SD 1-855, Floor 2, Building 02, Dubai Media City, Dubai UAE
info@madebythinair.com