Effective Date: 17 December 2022
This website is operated by The Kline Collective LLC, a limited liability company (LLC) formed under the laws of the State of Wyoming by filing Articles of Organization (or similar organizing document) with the Secretary of State with registered office at 30 N Gould St Ste R Sheridan, WY 82801. Throughout the site, the terms “Kline Collective”, “The Kline Collective”, “we”, “us” and “our” refer to The Kline Collective LLC. The Kline Collective LLC offers the websites, www.klinecollective.com, klinecollective.com, www.klinecollective.net, klinecollective.net (collectively, the “Website”) including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Agreement”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you are a minor in your jurisdiction or country, you can use this website only with the consent of your parents or legal guardians.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
1. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. GENERAL CONDITIONS
Kline Collective is comprised of subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). These companies may provide the Services to you on behalf of Kline Collective itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you in this manner.
We reserve the right to refuse our service or offer our goods to anyone for any reason at any time till the time such refusal is in compliance with local laws and regulations.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. If you are unclear about the information, you should contact us for clarification before engaging in any Service.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from third parties, we shall have the right to refuse or cancel any orders placed for the Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit or debit card account for the amount of the canceled order.
4. YOUR RESPONSIBILITIES
Subject to fulfillment of all applicable terms and conditions, when you make a purchase on the Website you shall immediately pay the total amount due, comprised of the total purchase price of the Work and all applicable taxes and service fees. You may pay by wire transfer, credit card, or ACH only. Credit card and ACH purchases are limited to a total purchase price of $25,000.00. By making a credit card purchase, you irrevocably waive any charge-back rights you may otherwise have under the buyer’s cardholder agreement or otherwise. If a credit card or ACH payment is not approved, you will remain personally liable for the total amount otherwise due. In all cases, payment will not be deemed made until we collect the total amount due in good cleared funds. Title to the Product will pass to you when physical possession of the Product is transferred to you or your agent or common carrier. Any claims regarding purchases must be made directly to Kline Collective. Your agree that we may pay commissions to third parties who introduce us to clients or otherwise provide services in connection with the sale.
5. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. In the event of a price reduction of an item recently ordered, Kline Collective will only credit a difference to an order if the order is in the processing phase. Any price reduction will not be refunded if the order has been processed.
6. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. It is clarified that some products available on our website are our artworks while some of them have been purchased from third-parties or are custom made on order. These products or services may have limited quantities and are subject to return or exchange only according to our Refunds and Returns Policy (which prevails at all times over these Terms)
As Kline Collective artwork is made-to-order and hand-painted by people, we have made every effort to display as accurately as possible the colors and images of our products that appear in real. We cannot guarantee that your computer monitor’s display of any color will be accurate. We also cannot guarantee that the final product will look like in the product image. It is your responsibility to provide us with accurate specifications (especially regarding the color) at the time of placing the order. However, every effort is made to reproduce colors accurately, matching as closely as we can to the product image or image supplied, as viewed on a color calibrated monitor. In accepting our Terms and Conditions our customers take on the understanding that discrepancies can occur when viewing images on un-calibrated monitors. The color representation can differ from one monitor to another as can viewing the same image on your camera LCD monitor or a print. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. If you have concern about colors, it is highly recommended to view the product images with different devices to double check. If you have concerns about the color of the artwork, you are always welcome to contact us.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
7. MADE TO ORDER PAINTINGS
We purchase or licence our artwork from artists, galleries and agencies and every effort is made to offer the very highest quality art in terms of image vibrancy, pixel resolution. We want you to be delighted with your painting. Please note that all paintings sold on Kline Collective are hand-painted and made-to-order. For abstract hand-painted artwork, we appreciate clients understanding that there might be a slight difference or variation in the colour of the painting.
Some images on the Website have been specifically cropped or amended to suit the sizes available or due to limitations in the image size and shape.
If you have any specific requirements of the painting that you want to order, you should contact us by email at [email protected]. It includes the color requirement, materials and techniques adopted by the artist and so on. We are happy to offer assistance to you.
8. CUSTOMER SATISFACTION, REDO, REFUNDS AND EXCHANGE
We offer a customer satisfaction policy for our customers if they are not happy with the product due to any issues with the quality such as damage in transit or paint blemishes we will replace the artwork. Kline Collective is happy to offer a redo, refund and exchange. For more information, please refer to the Returns and Refund Policy. This policy is limited to individual customers and doesn’t extend to wholesale customers or customers purchasing more than $1000 value of canvas painting or related products. These cases will be assessed on a case by case basis.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
10. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11. SHIPPING, SALES TAX AND DUTY
Unless explicitly mentioned under law, there are generally no duties for paintings shipped in small quantities. For some orders we can make arrangements with the freight forwarder and the paintings can be delivered under Delivered Duty Paid (DDP). In this case, our shipping carrier is responsible for delivering the paintings to you and pays all costs in delivering the paintings to the destination including import duties and taxes. Sometimes, items destined for some countries may attract customs charges. You the customer acknowledge you have sole responsibility in paying these fees. If a delivery fails because you do not respond in time to Customs communications, or you refuse to pay the applicable charges, we cannot offer any compensation. It is your sole obligation to pay all charges including but not limited to custom charges, custom duties, and others related to the paintings.
Kline Collective is not responsible for any charges and taxes imposed by any state outside of United States. The buyer is responsible for paying all sales, use, GST, VAT or other taxes or charges imposed by law (e.g., a resale royalty) which may be imposed in connection with the sale of the Work that we are required to collect under applicable law and shall indemnify, defend and hold harmless (including reasonable attorneys’ fees) Kline Collective from costs associated with any failure to do so.
If merchandise is refused at the time of delivery, it will be returned to Kline Collective where it will be held for 30 Days. If Goods are not claimed within 30 days of receipt at the warehouse, Kline Collective holds the right to cancel the order and charge a 50% service fee.
All items purchased through this Website are made pursuant to a shipment contract signed between us and the shipping company. Title and risk of loss for all products ordered by you shall pass to you on the shipping carrier or the shipping company. We reserve the right to ship partial orders.
From time to time shipping delays may occur, due to reasons beyond our control. If shipping is delayed, we will do everything possible to ensure a speedy delivery. The stated delivery times shall start at the time of confirmation of the order. They are approximate indications. A delivery within the specified time frame is expected but cannot be guaranteed. Please note that delivery time will depend on any alterations of the product you order, the size of the artwork you order. Possible delays in delivery by our transport service providers may occur in rare cases.
Please note that your delivery may be delivered by different shipping providers and on different days depending on the products you order. For oversized painting, you acknowledge that we may not be able to use express delivery service. Freight “Curbside” Delivery may be used for some larger items. For oversized painting, the delivery time make take approximately six to eight weeks from the time of order.
You acknowledge that it is your responsibility to enter the correct delivery details upon placing your order. If you require a delivery address update, we will endeavour to do this for you, if the order has not yet been shipped. We are unable to change the delivery address once an order has been shipped, and at this stage, it becomes the responsibility of the customer to ensure they receive the order or place a new order. Kline Collective cannot be held liable if you the customer omit any important information from the delivery address, resulting in the order being returned to us. If the order is returned to us due to customer error, you will need to pay an additional delivery fee of $200 to reship your order.
We are not responsible for any act or omission of any packer, shipper or common carrier in the packing or shipping of the product. You acknowledge that once an order is shipped, we cannot be held liable if a delivery is delayed due to the actions of the courier. You acknowledge that Kline Collective does not offer compensation for shipping delays irrespective of whether it is normal and express shipping.
12. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
14. PERSONAL INFORMATION
15. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We do not have any obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
17. DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
18. LIMITATION OF LIABILITY
In no case shall The Kline Collective LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless The Kline Collective LLC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The entire content included in this site, including but not limited to text, graphics or code is the exclusive intellectual property of Kline Collective LLC. Kline Collective LLC RESERVES ALL RIGHTS in the text, graphics, images, and other materials available on this website. Permission is granted to electronically to copy and print hard copy portions of this site for the sole purpose of placing an order with Kline Collective. You may display and, subject to any expressly stated restrictions or limitations relating to specific materials, download or print portions of the materials from the different areas of the Website solely for your own personal and non-commercial use, or to place an order with Kline Collective. Any other use, including but not limited to the copy/pasting, reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from Kline Collective.
In purchasing any images on this website, you do not obtain any copyright or other intellectual property rights in the images and any other content available on the website. You may not duplicate or republish the art or photography for any reason, including, but not limited to, for commercial purposes. You further understand and agree that in selecting any content and in adding text or other alterations to such content, you in no way obtain copyright rights or other intellectual property rights in the content as joint copyright owner or otherwise.
In terms of photographs or images supplied to Kline Collective LLC, it is the customer’s responsibility to make sure that these images are either copyright free or that the customer has the permission to use and supply the images to Kline Collective. The Customer warrants that they either own or have obtained the necessary permission or license to any image which is supplied to Kline Collective for use/reproduction and the customer agrees to assume full legal and financial responsibility for any copyright suit or action which may take place regarding materials customer has supplied.
We disclaim any responsibility or liability for copyrighted materials posted on the Website or through our Services. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by us. If you return our products (paintings or images) or discontinue using our services, it will be considered as a termination of this Agreement on your part. You will be liable to pay all amounts in accordance with our Returns and Refunds Policy.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
23. ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
25. GOVERNING LAW
This Agreement shall be governed by and construed according to the laws of the Hong Kong Special Administrative Region without regard to any choice of law or conflict of laws principles that would direct the substantive law of another jurisdiction to apply. You agree all disputes, litigation, and claims between the parties based on or arising out of this Agreement shall be adjudicated in the courts of Hong Kong Special Administrative Region.
26. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
27. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]. We will try our best to respond to you as soon as possible.
These Terms are effective and were last updated on 17 December 2022.
Kline Collective is located in Wyoming.