Terms & Conditions

FrenchCowgirls.com Terms and Conditions

Legal Policy | Updated: 8/12/2011

Index

Artisan/Vendor Policies

PART I

  • Refund Policy
  • Pricing
  • Shipping
  • Artwork Description
  • Artisan Background Information

Liability

  • Limitations of Liability
  • Operating Principles
  • Artisan/Vendor Conduct
  • Termination of Service
  • Proprietary Rights
  • Disclaimer of Warranties
  • Indemnity

General Information

  • Acceptance of Terms of Use
  • Violation of Terms
  • Modifications to this Agreement
  • Feedback
  • Arbitration
  • Merchant Services Disclaimer
  • Compliance
  • Third Party Content, Sites, and Services

 

CUSTOMER SECTION

PART 2

 

  • OUR COMMITMENT TO PRIVACY AND INFORMATION DISCLOSURE
  • GENERAL STATEMENT OF PRINCIPLES
  • STATISTICAL DATA
  • PERSONAL INFORMATION COLLECTED – ORDER FORMS
  • INFORMATION CORRECTION OR REMOVAL
  • COOKIES
  • SECURITY
  • ACCEPTANCE OF THESE FRENCHCOWGIRLS.COM POLICIES AND WEB SITE PRIVACY POLICY TERMS AND CONDITIONS

 

ARTISAN/VENDOR POLICIES:
This consignment is between the artisan and French Cowgirls (seller), dba FrenchCowgirls LLC and FrenchCowgirls.com.  The artisan (vendor) appoints French Cowgirls LLC and FrenchCowgirls.com to act as the artisan's marketing agent on the "website" FrenchCowgirls.com for exhibition and sale of handmade, recycled, vintage, and up-cycled artworks representing jewelry, clothing, homegoods, and fine art.

  1. All artwork must be original from concept through completion. No commercial production (such as commercial bisque ware) will be accepted. Only first quality artwork will be accepted.
  2. Consignment rates...consignment rate is 40%. This rate applies to all work and special orders that the artisan sells through FrenchCowgirl.com.
  3. Any special orders the artisan receives as a direct result of a referral by FrenchCowgirl.com will be charged a 25% referral fee. Upon completion of the referral order, the artisan then forwards the 25% referral fee to French Cowgirls LLC. We respect and appreciate the artisans who honor this policy.
  4. Pay schedule...artisans will be paid their 60% of each sale through French Cowgirls LLC.  Payments will be issued 30 days after payment clears.

REFUND POLICY
Refunds will only be allowed within 30 days of purchase.

PRICING
The artisan's retail price (price customers pay on website, at shows, in own studio) should be consistent. It is common sense that having consistent retail prices established by professional artisans creates customer confidence. Customers will buy affordable work. FrenchCowgirls.com or FrenchCowgirls LLC will not be responsible incorrect pricing or descriptions.

SHIPPING
All shipping of products is each artisans responsibility. The artisan is responsible for all shipping charges involved in delivery and return of work. 

ARTWORK DESCRIPTION
Tag each piece with its inventory number.
Add in item description: add all fields in x-cart item form.

ARTISAN BACKGROUND INFORMATION
Customers appreciate information that we provide about our artisans and their work. Many times this sells the work, and enables the customer to fully enjoy his purchase. Artisan statements or resume are excellent tools to convey information about you and your artwork to the customer.
    1.summary of personal background
    2.art media
    3.philosophy or statement of purpose
    4.public works
    5.recent awards
    6.care instructions for your medium of artwork
  
FrenchCowgirls.com and FrenchCowgirls LLC reserves the right to immediately remove content, issue warnings to users, etc. if FrenchCowgirls.com suspects that a user has breached the user agreement or any of its policies.

FrenchCowgirls.com also reserves the right to terminate a vendor if FrenchCowgirls.com is unable to verify or authenticate a vendor's personal information or content or believes that a vendor is acting inconsistently with the letter or spirit of FrenchCowgirls.com’s policies, etc.

LIABILITY
FrenchCowgirls.com is not responsible for consigned products, except to post them on the FrenchCowgirls.com website.  FrenchCowgirls.com or FrenchCowgirls LLC will not be responsible for defective merchandise or breakage if artisan fails to include written care and/or shipping/handling instructions.  French Cowgirls LLC will work with the customer to refund purchase price.  Purchases are non-returnable and non-refundable after 30 days.  Each artisan should acquire their own liability insurance and insure packages when shipping, where applicable.

FrenchCowgirls.com and FrenchCowgirls LLC encourages sellers to outline their own shop policies which must comply with FrenchCowgirls.com’s policies.

LIMITATIONS OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL FRENCHCOWGIRLS.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FRENCHCOWGIRLS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FRENCHCOWGIRLS.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FRENCHCOWGIRLS.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE FRENCHCOWGIRLS.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FRENCHCOWGIRLS.COM SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FRENCHCOWGIRLS.COM SITE OR THE SERVICE OR ANY LINKS ON THE FRENCHCOWGIRLS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FRENCHCOWGIRLS.COM SITE OR THE SERVICE OR ANY LINKS ON THE FRENCHCOWGIRLS.COM SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

OPERATING PRINCIPLES:

  1. Treat all of those with whom we deal as we would want to be treated.
  2. Act with Integrity and Honor our commitments.
  3. Commit only to what we can deliver.
  4. Comply with all laws and regulations.
  5. Make decisions based on facts and fairness.  

By accepting the terms and conditions of this document any user of this site agrees to the terms, conditions, guidelines, rules and regulations of FrenchCowgirls.com and FrenchCowgirls LLC.

 

VENDOR CONDUCT:
You agree not to post, email, or otherwise make available:

  1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
  2. that is pornographic in any way
  3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. that includes personal or identifying information about another person without that person's explicit consent;
  5. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
  6. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual relationships;
  7. that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  8. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Additionally, you agree not to:

    contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
    collect personal data about other users for commercial or unlawful purposes;
    use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by FrenchCowgirls.com;

TERMINATION OF SERVICE
You agree that FrenchCowgirls.com in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if FrenchCowgirls.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that FrenchCowgirls.com shall not be liable to you or any third-party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after said termination. 

PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of FrenchCowgirls.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of FrenchCowgirls.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE FRENCHCOWGIRLS.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FRENCHCOWGIRLS.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, FRENCHCOWGIRLS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FRENCHCOWGIRLS.COM SITE AND THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, FRENCHCOWGIRLS.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FRENCHCOWGIRLS.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FRENCHCOWGIRLS.COM SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, FRENCHCOWGIRLS.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FRENCHCOWGIRLS.COM SITE OR THE SERVICE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

INDEMNITY
You agree to indemnify and hold FrenchCowgirls.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.


GENERAL INFORMATION:
Acceptance of Terms of Use (TOU):
Welcome to our website. FrenchCowgirls.com provides a collection of handmade, western and mountain/lodge products, supplied by independent artisans worldwide. By using the FrenchCowgirls.com service in any way, you are agreeing to comply with the Terms of Use (TOU). In addition, if you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern FrenchCowgirls.com relationship with you in relation to this website.
The posted guidelines for all FrenchCowgirl.com services may change from time to time.  Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with FrenchCowgirls.com in any way, your only recourse is to immediately discontinue use of FrenchCowgirls.com.  FrenchCowgirls.com has the right to enforce the TOU through active investigation, litigation and prosecution.
The term “FrenchCowgirls.com”, “FrenchCowgirls” or "us" or "we" refers to the owner of the website whose registered office is PO Box 1400, White Salmon, WA 98672. Our company registration number is [company registration number and place of registration]. The term "you" refers to the user or viewer of our website.

  • The use of this website is subject to the following terms of use: TOU (terms of use)
  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without FrenchCowgirls.com's prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of United States of America.


Violation of Terms:
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: customersupport@FrenchCowgirls.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for FrenchCowgirls.com to pursue legal action to enforce these Terms, you will be liable to pay FrenchCowgirls.com the following amounts as liquidated damages, which you accept as reasonable estimates of FrenchCowgirls.coms' damages for the specified breaches of these Terms.


Modifications to this Agreement:
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

Feedback:
We welcome your questions and comments on this document in the FrenchCowgirls.com feedback forum: customersupport@FrenchCowgirls.com
Our long-term performance – profitability, growth, and value – is contingent on the confidence of our customers in us. We are committed to the highest ethical standards because we want people to know they can trust us. Trust can only be built on honesty and dependability – on ethical conduct. By accepting the terms and conditions of this document any user of this site agrees to the terms, conditions, guidelines, rules and regulations of FrenchCowgirls.com and FrenchCowgirls LLC.


Arbitration:
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The vendor(s) shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award or judgment in favor of FrenchCowgirls.com

Merchant Services Disclaimer:
Except as otherwise provided in this Agreement, you expressly agree that FrenchCowgirls.com shall not be liable for any loss arising from or related to: 1) Your failure to properly activate, integrate or secure your Merchant Account(s); 2) Fraudulent transactions processed through your payment gateway account(s); 3) Disruption of FrenchCowgirls.com or your merchant bank’s services, systems, server or website by any means; 4) Actions or inactions by any third party, including a Merchant Service Provider, Payment Processor or Bank; or 5) Unauthorized access to: Data, customer data (including credit card numbers and other personally identifiable information) or transaction data.

Compliance:
You will comply with all laws, policies, guidelines, regulations, ordinances or rules applicable to you, this agreement, your business or the transactions, including a) the credit card association rules and regulations, expressly including the Payment Card Industry (PCI) Data Security Standard and b) Any regulatory body having jurisdiction over the subject matter hereof.

Third Party Content, Sites, and Services
The FrenchCowgirls.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of FrenchCowgirls.com including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. 

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

You agree that FrenchCowgirl.com and FrenchCowgirls LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that FrenchCowgirls.com and FrenchCowgirls LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FrenchCowgirl.com and FrenchCowgirl LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

 

CUSTOMER SECTION

OUR COMMITMENT TO PRIVACY and INFORMATION DISCLOSURE

FrenchCowgirls.com has created this privacy statement in order to demonstrate our firm commitment to privacy and to explain to users how their information is collected and used.


GENERAL STATEMENT OF PRINCIPLES
As described in detail below, any information we gather at this web site is strictly for our use and is not shared with any other entity, public or private, for any reason - period. We will not sell or give away any lists or other data that we may retain.


STATISTICAL DATA
Our servers (as most) track IP addresses and referring pages to help with site maintenance and improvements. This data is viewed only as anonymous statistics to show the busiest times of the day or week, pages with errors and how effective our advertising has been. This information is not used for any other purpose.
PERSONAL INFORMATION COLLECTED – ORDER FORMS

With the exception of credit card info, we store the information from your order form to allow us to track consulting issues or refer to a previous order to help provide some customer service. You may elect to have your information completely removed from this system by e-mailing us at customerservice@frenchcowgirls.com with your request. We do not store any type of credit card information.


INFORMATION CORRECTION OR REMOVAL
If you wish to correct, update or remove any information about you that may be in our records, please login and update your profile, or send us e-mail at customerservice@frenchcowgirls.com with the details of your request. If you wish to contact us further, please find complete contact information on our contact page.
FrenchCowgirls.com gathers basic types of information about users:

When users of our website wish to receive our electronic communications such as emails, newsletters, updates, coupons, participation in surveys and other business pertinent to keeping our customers informed, they can voluntarily supply their contact information.


FrenchCowgirls.com will not divulge any information we obtain from users to any third party.  The information we collect through customer sales and registration forms is collected automatically. To receive our products and services, some personal information is required. Other information we request is optional.
The types of personal/business information collected at these pages are:

  • Name
  • Company Name
  • Address
  • Company Website
  • Email address
  • Phone number
  • Credit/Debit Card Information (stored only for sale, not stored permanently)
  • (Etc.)

On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:

  • Name
  • Address
  • Phone Number
  • (Etc.)

 

COOKIES
We place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. FrenchCowgirls.com uses cookies to track user traffic patterns (as described above). Our advertising system delivers a one-time cookie to better track ad impressions and click rates.
You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling, surveys and filling out applications.
We reserve the right to change how cookies are used on our site. Our Web site may set a TEMPORARY "Session"cookie to keep the visitor logged in. This site also sets a "Remember Me" cookie ONLY if people choose to have the site remember their login information upon return to the site.

 

SECURITY

FrenchCowgirls.com operates secure data networks protected by industry standard firewall and strong password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.

  • The website is secured by 256-bit SSL encryption.
  • All passwords are encrypted.
  • Credit card information is encrypted during sales and not saved anywhere.


ACCEPTANCE OF THESE FRENCHCOWGIRLS.COM WEB SITE PRIVACY POLICY TERMS AND CONDITIONS
By using this site, you signify your agreement to the terms and conditions of this FrenchCowgirls.com Web Site Privacy Policy. If you do not agree to these terms and conditions, please do not use the site. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for any changes. Your continued use of the FrenchCowgirls.com Web Site following the posting of any changes to these terms shall mean that you have accepted those changes. If you have any questions or concerns, please email us.


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