Terms & Conditions / Return Policy
TERMS OF USE / RETUNRN POLICY
Welcome to our online store! Mark's Paint provide their services to you subject to the
following conditions. If you visit or shop within this website, you accept these conditions.
Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand
our practices.
ELECTRONIC COMMUNICATIONS
When you visit Markspaint.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software, is the property of Mark's Paint or
its content suppliers and protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property of Mark's Paint with copyright
protected by U.S. and international copyright laws.
TRADEMARKS
Mark's Paint trademarks and trade dress may not be used in connection with any product or
service that is not Mark's Paint, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Mark's Paint. All other trademarks
not owned by Mar's Paint or its subsidiaries that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored by
Mark's Paint or its subsidiaries.
LICENSE AND SITE ACCESS
Mark's Paint grants you a limited license to access and make personal use of this site and
not to download (other than page caching) or modify it, or any portion of it, except with
express written consent of Mark's Paint. This license does not include any resale or
commercial use of this site or its contents: any collection and use of any product listings,
descriptions, or prices: any derivative use of this site or its contents: any downloading or
copying of account information for the benefit of another merchant: or any use of data
mining, robots, or similar data gathering and extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of Mark's Paint. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Mark's Paint and our associates
without express written consent. You may not use any meta tags or any other ":hidden text":
utilizing Mark's Paints name or trademarks without the express written consent of Mark's
Paint. Any unauthorized use terminates the permission or license granted by Mark's Paint.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the
home page of Mark's Paint so long as the link does not portray Mark's Paint, its associates,
or their products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any Mark's Paint logo or other proprietary graphic or trademark as
part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If you are under
18, you may use our website only with involvement of a parent or guardian. Mark's Paint and
its associates reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas,
comments, questions, or other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of ":spam.": You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content. Mark's Paint reserves
the right (but not the obligation) to remove or edit such content, but does not regularly review
posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Mark's
Paint and its associates a nonexclusive, 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. You grant
Mark's Paint and its associates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you own or
otherwise control all of the rights to the content that you post: that the content is accurate:
that use of the content you supply does not violate this policy and will not cause injury to any
person or entity: and that you will indemnify Mark's Paint or its associates for all claims
resulting from content you supply. Mark's Paint has the right but not the obligation to monitor
and edit or remove any activity or content. Mark's Paint takes no responsibility and assumes
no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Mark's Paint are made pursuant to a shipment contract. This
basically means that the risk of loss and title for such items pass to you upon our delivery to
the carrier.
PRODUCT DESCRIPTIONS
Mark's Paint and its associates attempt to be as accurate as possible. However, Mark's Paint
does not warrant that product descriptions, pricing or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered by Mark's Paint itself is not as
described, your sole remedy is to return it in unused condition. Empire Art also has the right
to cancel any order based on any errors in pricing or content.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MARK'S PAINT ON AN ":AS IS": AND ":AS AVAILABLE":
BASIS. MARK'S PAINT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARK'S PAINT DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. MARK'S PAINT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM MARK'S PAINT ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MARK'S PAINT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
APPLICABLE LAW
By visiting Mark's Paint, you agree that the laws of the state of California, without regard to
principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort
that might arise between you and Mark's Paint or its associates.
DISPUTES
Any dispute relating in any way to your visit to Mark's Paint or to products you purchase
through Mark's Paint shall be submitted to confidential arbitration in California, except that, to
the extent you have in any manner violated or threatened to violate Mark's Paints intellectual
property rights, Mark's Paint may seek injunctive or other appropriate relief in any state or
federal court in the state of California, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrators award shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this
site. These policies also govern your visit to Mark's Paint. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability of any
remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material
can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or
you can email us at: info@markspaint.com
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RETURN POLICY
We believe in offering the Very Best ...Value, Quality and Selection. You may return items
for a refund or exchange items within 90 days from the date of purchase. Custom orders
may not be returned unless defective. Please include a copy of the receipt along with the
unused product and original packaging. For any item purchased through Catalog or Internet
please follow the Return or Exchange directions below.
To Return or Exchange an item by Mail
1. Complete the section of your invoice titled Exchange/Return form. Next to the item you
are returning, indicate on the form the quantity and reason for each return item. Also indicate
exchange or additional order items.
2. Box the item securely. The original invoice is required. Enclose the invoice plus all original
packaging and accessories.
3. Address your package by using the return -shipping label provided also on the invoice.
4. We will issue a credit to the original credit card for the cost of the item and the sales tax, if
applicable. Please allow 10 to 15 business days for the credit to appear on your credit card
statement. Shipping charges are not refundable, and shipping will be charged for the new
items(s) sent.
Special & Custom Order Items:
You may change or cancel your order within 1 hours of placing it. After 1 hours, production
of your custom order begins, so we cannot make changes. Changes or cancellations cannot
be made on "rush" orders because production starts immediately.
Other Return Information
Special & Custom Order Items: If we made an error on your order we will fix the order
immediately at no charge to you. If you made an error in your order, unfortunately we cannot
issue a return or refund because we are unable to recover our cost on special order items.
We do our best to minimize the chance for errors by helping you collect the necessary
information to process your order.
Problems With Your Order
An Item Is Missing You may receive more than one shipment when you place an order with
multiple items. You will not incur additional shipping charges for the split shipment. The
invoice enclosed with your order indicates which items shipped. If you have additional
questions please feel free to contact us.
My Order Didn't Arrive Orders shipped through Federal Express or UPS can be tracked. To
access tracking information about your order go to Track My Order. For orders shipped
through United States Postal Service or through Freight, please allow up to ten business
days for your order to arrive.
An Item Is Damaged or Defective Your satisfaction is our number one priority and if an item
does not meet your expectations, simply return it to us. You can mail most items back by
using the label and following the shipping instructions on the invoice enclosed with your
order. You will be refunded for the cost of the item and sales tax if applicable.