Item of the Week
Terms & Conditions
Coup de Foudre, LLC
The following terms and conditions set forth and govern the use of the internet site and merchant services of Coup de Foudre, LLC and its subsidiaries by all users. Your use of this web site and/or our services indicates your acknowledgement that you have read, accept and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by Coup de Foudre, LLC. Commonly asked questions and their answers may be found at Frequently Asked Questions.
All catalog items offered are available from stock and ready for immediate delivery, subject to prior sale. Prices, in U.S. dollars net, are subject to change in subsequent catalogs, and do not include packing, carriage and insurance charges. The method of shipping is at our discretion unless the buyer has a specific preference. Orders placed outside the continental United States will be shipped by Registered Air Mail, unless other arrangements are requested. Our shipping makes it possible to track whatever you have ordered.
The first order received by email, telephone, post, cable, personal visit, or pony express will be honored. Please confirm all non-post orders by letter or email within seven (7) days. Customers new to us are requested to send payment or supply trade references, as directed, with initial orders and in all cases payment is due no later than fifteen days from our confirmation by invoice. Payment also may be made using our Billing Form. Payments must be made in U.S. dollars. New Mexico residents are required to include the state sales tax.
Merchandise is sold on approval basis and may be returned within fourteen (14) days of receipt for full credit, except those items otherwise indicated. Please do notify us of a pending return. We make every attempt to accurately and specifically describe flaws and blemishes in our merchandise. This often, in sum, causes defects to stand out far more than one would characterize in a casual perusal. If you are interested in an item and its condition please contact us.
Ownership/Title to any item ordered from us will pass to the buyer only upon payment to us of the full amount of the price at which the items are ordered. The acceptance of a check, note, other commercial paper or trade acceptance by Coup de Foudre, LLC is not deemed payment until said check, note, other commercial paper or trade acceptance shall have been paid according to the terms and conditions thereof. A payment by the buyer to Coup de Foudre, LLC of less than the invoice total shall not be deemed a part payment and shall not transfer Ownership/Title to the buyer but shall be considered merely as a deposit for the particular item(s) ordered and Ownership/Title shall remain with Coup de Foudre, LLC until payment in full has been discharged by the buyer or an agent on the buyer's behalf.
All items are guaranteed to be original. Books are listed with as-issued or contemporary bindings unless described otherwise. Given dimensions are in inches, height x width. For books these figures indicate cover size; for prints and photographs the size indicates the area of the plate or image. For sculptural objects size is usually given as height x width x depth, not including the stand or mount, and is usually in centimeters with inches in parentheses.
Digital photos and photocopies, to which we retain copyright, of many items are available for bona fide research or serious purchase inquiry. These pictures must carry the note © Coup de Foudre, LLC if used in publication and a release must be obtained prior to publication. Costs vary, please inquire.
If you post reviews of, and comments on, products featured on the site, we would appreciate a copy or notice of such review or comment.
*******************Appraisals and consignments are performed under standard arrangements and fees, specifics of which are available upon request.
We are interested in buying and selling collections, important single items, institutional duplicates and/or deaccessioned books, prints and ephemera in the Mechanical, Natural, Human & Exact Sciences; Medicine; History of Ideas; Mountaineering and Wine. We also buy Ethnographic and Tribal items, Antiquities and early Americana.
Visitors are welcomed by appointment.
While the foregoing pretty much describes the general conditions imposed upon those who use both our internet site and our on-site services, the legal minds also insist we include the specific terms and conditions imposed upon users. These follow below.
This Agreement governs the Terms and Conditions on which all property is offered and sold on the Site and creates a legal contract between each person or entity buying any property offered on the Site (buyer, you or your) and Coup de Foudre, LLC (seller, we or us). This Agreement further governs relations between browsers and users of this Site (user, you or your) and Coup de Foudre, LLC. When an affiliate or subsidiary of Coup de Foudre, LLC offers merchandise on the Site, it will abide by the same terms and conditions as Coup de Foudre, LLC including the terms and conditions of this Agreement. This Agreement also governs the Terms and Conditions under which on-site and walk-in buyers make their purchases from us.
Though we make every attempt to avoid errors, the information presented on our site could contain inaccuracies or typographical errors. We reserve the right to make changes to any material in our pages and to make improvements and/or changes in the products, programs, services, and their descriptions, at any time and without prior notice. Notice of simple typographical corrections and errors in our literature (that do not affect policies) will not be posted or sent to subscribers.
Children may want to visit us on the internet. We obviously welcome browsing, but parents should know that some of our cultural material may not be suitable for all children. We believe parents should be responsible for supervising the on-line activities of their children and taking into account various tools that allow them to provide their children with a controlled, child-friendly internet. Among other things, these tools are designed to preclude children from releasing personal information on-line without the permission of their parents.
Your use of this web site or purchase from us, whether in person, through a representative (even if we were not notified of such representation), by written communication, on-line, via telephone or any other method, indicates your acceptance of all our terms and conditions set forth in this Agreement. You also agree to abide by the procedures, guidelines, terms and conditions which are incorporated by reference into, and thus made part of, this Agreement. The entries have been organized under the headings 'General Terms and Conditions' and 'Additional Provisions Relating To Buyers' to facilitate your review and placement shall not be construed to diminish or exclude the binding force of any condition as regards all users in all circumstances. If you do not agree with the following terms and conditions please do not use this Web Site!
1. Operation of Site; Involvement of Coup de Foudre LLC Parties; Taxes; Total Purchase Price
This site is created, operated and administered by Coup de Foudre, LLC. No other parties have any involvement in any transaction entered into, on or through the Site, except for any escrow services that both the Buyer and Seller agree to use during the course of a transaction.
Unless exempt by law, the Buyer may be required to pay the Seller sales or use tax, or other applicable transactional tax, as determined by the Seller. The Buyer may also be subject to pay a tax on merchandise traded, or other tax in his or her domicile. It is the Seller's and the Buyer's responsibility to determine whether sales, use, or other taxes apply to the transactions and to collect, report and remit the correct tax to their respective appropriate tax authority.
The "Total Purchase Price" is defined as the combined amount of (1) the price of the item, plus (2) applicable Time Payment fees, plus (3) sales, use, or any other taxes that Coup de Foudre, LLC is required to collect pursuant to applicable law, plus (4) the costs of any applicable permits or fees, plus (5) shipping costs and customs duties (if applicable), plus (6) transit insurance charges that Coup de Foudre, LLC considers necessary to assure safe delivery. All prices are in U.S. dollars unless stated otherwise. Occasionally, as a customer service, we may provide a price in another currency, in the event of a dispute over such price the U.S. dollar price will prevail.
2. Binding Obligation of Buyer; Payment.
Upon your request to make a purchase you will be notified by e-mail if the item is still available. Upon our determination that the item is available you will be liable to pay the Total Purchase Price for such item either by check, money order, credit card or other means agreeable to Coup de Foudre, LLC. Payment is due no later than fifteen days from our confirmation by invoice unless Time Payment plans are arranged
Buying on Time Payments creates a binding obligation on the part of the Buyer, enforceable by Coup de Foudre, LLC, to pay fully the Total Purchase Price and all other sums due, and perform any other conditions of completion with respect to the sale.
The presence of the credit card Purchase button on items on our site usually means that the item is still available. Rarely, we forget to remove the item and its button or another customer may have purchased the item just before you. If you purchase an item that we have already sold we will refund your money, or you may apply it to another item.
3. Limitations of Guarantees
All property offered on the Site is sold subject to the specific warranty and guarantee as to authenticity, physical condition and title set forth in Paragraph 4 below. Other than as set forth in the specific warranty and guarantee set forth in Paragraph 4, all property on the Site is sold to Buyers "AS IS," and Coup de Foudre, LLC makes no guarantees, warranties or representations, expressed or implied, to any Buyer with respect to the property or photographs of it, other than those outlined in the item's individual description, including without limitation its merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. No statement anywhere, whether oral or written, other than those outlined in the item's individual description, shall be deemed such a guarantee, warranty or representation. Please note that Coup de Foudre, LLC makes no representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in the property.
4. Certain Guarantees
Coup de Foudre, LLC makes certain guarantees with respect to property offered for sale on the Site. Please note that ONLY statements in the item's main description on the product description page, and which are not otherwise expressly qualified in the description page as being "Not Guaranteed," are guaranteed by Coup de Foudre, LLC.
Other information may reflect additional detail about the item, but no guarantee is made by the Seller with respect to this information. In addition, statements relating to the authenticity, creator or originator and culture or source of origin of an item are further qualified by the specific limitations set forth in the following subParagraph (i), even if the paragraph in which such statement is made is labeled as "Guaranteed" on the product description page.
i.) Authenticity Guarantee
Subject to the limitations set forth above and below, the Seller guarantees that (a) each item offered by the Seller is not a counterfeit (as defined below) and (b) the creator or originator of the item, or the date on which or period during which the item was created, or the culture or source of origin with which the item is identified, is as set out in the Guaranteed Property Description of the item (the "Authenticity Guarantee"). If the Guaranteed Property Description does not include a statement as to the artist or creator, date, period, culture or source of origin of an item, no guarantee is made as to such attributes. The Authenticity Guarantee of each item sold on the Site is given for a period of three (3) years from the date that the Buyer bought the item and is only given to the Buyer who purchased the item on the Site and not to any subsequent owner. As used herein, a "counterfeit" means a deliberate modern forgery, i.e., an imitation created since 1870 with the intention of deceiving as to authorship, origin, date, age, period, culture or source(where the correct description of such matters is not reflected by the description of the property) and which, at the date of the sale, had a value materially less than it would have had if the item had been in accordance with the guaranteed description of the property. No item shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind.
The Authenticity Guarantee does NOT apply to:
The actual authorship of any paintings, drawings or sculpture created prior to 1870, unless the item is determined to be a counterfeit; Any description where it was specifically noted that there is a conflict of specialist opinion on the authorship of the item; Attribution that was in accordance with the generally accepted opinion of scholars or specialists on the date the item was sold; Items for which the only means of establishing that such item was counterfeit at the time of sale was by a method or process that was not generally accepted for use until after the date of sale or was unreasonably expensive or impractical or was likely to cause damage or loss of value to the item; The authorship of Chinese and Japanese paintings, regardless of the date of creation; The date of execution and type of wood for Chinese furniture; or Frames, bases or other means of mounting that may be sold with the actual work of art.
In order to understand statements made by Coup de Foudre, LLC as to the authenticity of an item, you should review the relevant terms of the specific on-line catalogue, which terms are incorporated herein by reference and determine the scope of the Authenticity Guarantee. For example, any painting or other work of art that is described as "Attributed to" a certain artist or creator rather than "by" such artist or creator indicates a qualified opinion of the Seller that the work is possibly by the named artist or creator, but there is insufficient evidence available to guarantee that the work is by such artist or creator. Similarly, works described as "circle of" or "manner of" or similar terms indicate an opinion of the Seller that the work is not believed to be "by the nam"ed artist. If it is determined that a sale is subject to rescission under the terms of the Authenticity Guarantee, the Seller is obligated to rescind the sale in accordance with subParagraph (iv) below, provided that the item is returned to the Seller at its place of business in the same condition as it was at the time of sale and free from any claims by third parties. Coup de Foudre, LLC may request, before determining whether to rescind a sale under the Authenticity Guarantee, that the Buyer obtain the written opinion of up to two recognized experts in the relevant field who are mutually acceptable to the Seller and the Buyer.
ii.) Physical Condition Guarantee
The Seller also warrants that the description of an item's physical condition is substantially correct based upon a fair reading of the description of the item taken as a whole. This warranty applies only for a period of two (2) weeks from the date the item is received by the Buyer and is only made to the person who purchased the item on the Site and not to any subsequent owner. If the item is framed or mounted on a base or other mounting, or is covered by glass, no guarantee or warranty is made with respect to the condition of the frame, base, other mounting or glass. If the description of an item's physical condition is not substantially correct based upon a fair reading of the description of the item taken as a whole, the Seller is obligated to rescind the sale, provided that the item is returned by the Buyer to the Seller at its place of business in the same condition as it was at the time of sale and free of any claims by third parties. When reviewing descriptions of items, Buyers should bear in mind the age and past use of the item and should assume that items will show signs of reasonable "wear and tear." If a Buyer wants additional information as to the condition of an item, he should contact the Seller prior to buying the item.
iii.) Representation as to Title
Coup de Foudre, LLC represents, warrants and covenants that it has the right, power and authority to rightfully transfer good title of the item sold to the buyer, free from any security interest or other lien or encumbrance.
iv. Sole Remedy
It is specifically understood and agreed that with respect to any of the representations or warranties set forth in this Paragraph, the rescission of a sale and refund pursuant to Paragraph 4 of these General Terms and Conditions is exclusive and in lieu of any other remedy that might otherwise be available to the Buyer as a matter of law, or in equity. The Buyer shall not be entitled to any incidental or consequential damages incurred or claimed.
In the event that Coup de Foudre, LLC is required to provide a refund to a Buyer for any reason (including, without limitation, by reason of any breach of any of the guarantees specified in Paragraph 3 of these General Terms and Conditions, because the item cannot be shipped at the close of sale, or any provision of an invalid shipment tracking number or failure to insure a shipment as required by Paragraph 31 set forth under the heading "A Few Provisions Relating to Buyers"), Coup de Foudre, LLC must promptly remit to the Buyer the entire Total Purchase Price less payment processing fees. It is important that the Buyer keep all packing materials until the Buyer is satisfied with the condition of his/her purchase. Packing materials may be required if you have any concerns regarding the condition of your merchandise
6. Refusal of Transaction
Coup de Foudre, LLC reserves the right to withdraw any property and/or remove, screen or edit any materials or content on the Site. Coup de Foudre, LLC may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Coup de Foudre, LLC will not be liable to any Buyer or third party by reason of Coup de Foudre, LLC's withdrawing any property from sale; removing, screening or editing any materials or content on the Site; or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
7. Transaction Limits
Coup de Foudre, LLC may set limits on the dollar amount and number of transactions completed through the Site by a Buyer.
8. Eligibility to Purchase on the Site
Purchases on the Site are limited to parties that lawfully can enter into and form contracts and participate in sales on the Site under applicable law. For example, minors and persons and entities domiciled in jurisdictions where on-line sales are prohibited are not allowed to participate. To register, you must provide your real name, work and home phone number, e-mail address, credit-card details and other requested information. Purchasing on the Site is available only to individuals and others who meet the terms of eligibility and who are acceptable to Coup de Foudre, LLC. By buying on Time Payments on the Site, you specifically authorize Coup de Foudre, LLC to transmit registration information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit-card authorization and to authorize individual purchase transactions. You also specifically authorize Coup de Foudre, LLC to share such information with its affiliates pursuant to Paragraph 16 of these General Terms and Conditions.
If you are a Dealer purchasing on behalf of a client, in the client's name, you are financially responsible for such purchases and represent that you have (a) provided notice to that client of the use of his/her information as set forth in this Terms of Sale, and (b) that you have obtained that client's express consent to the disclosure and use of that client's information as set forth in this Terms of Sale. You agree that, if you are purchasing for or on behalf of a client, you represent that you have the authority to nonetheless bind that client as a principal to all terms and conditions provided herein. By purchasing merchandise in that client's name you also represent that the statements you provide for our invoice are true and that you are not purchasing for any unlawful purpose.
9. Compliance with Laws
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and any transactions conducted on or through the Site.
10. Place of Contract; Disputes
The contract between the Buyer and the Seller will be completed when the Buyer has paid for the item in full. For purposes of this Agreement the sale contract is considered to have been completed in Santa Fe, New Mexico, U.S.A. Coup de Foudre, LLC reserves the right to reject any sale any time prior to the Buyer making a payment. In the event of two or more Buyers trying to make a purchase of the same item Coup de Foudre, LLC will make a determination as to which Buyer will prevail. In the event of any dispute Coup de Foudre, LLC will have the final discretion to determine the successful Buyer. If any dispute concerning a sale arises after the sale, Coup de Foudre, LLC's sale record is conclusive. Please note that Coup de Foudre, LLC is not responsible for errors or omissions in connection with the transmission of purchase order requests to the Site, nor for any on-line or other charges and fees you may incur in connection with a purchase.
11. Password Security
Your password may be used only to access the Site, use the services available on the Site, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you must request a change in your password.
You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement authorities, and Coup de Foudre, LLC will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
13. Export/Import Restrictions
Some of the items for sale may require cultural and customs permits for export from the country in which they are located and import to the Buyer's country, and may also be subject to a right of pre-emption or compulsory purchase by the country from which they are to be exported. It is the responsibility of the Seller to ensure that the item is properly and lawfully exported from the country in which it is located. Property imported into the Buyer's country is the responsibility of the Buyer. Coup de Foudre, LLC and its affiliates MAKE NO REPRESENTATION OR WARRANTY AND ACCEPT NO LIABILITY WHATSOEVER TO THE BUYER OR ANY THIRD PARTY IN RESPECT OF THE AVAILABILITY OR ISSUANCE OF VALID IMPORT AND EXPORT PERMITS OR THE EXISTENCE OR EXERCISE OF PRE-EMPTION RIGHTS TO PURCHASE BY GOVERNMENTAL OR REGULATORY AUTHORITIES ANYWHERE.
[We do not sell merchandise that we know or believe to be illegal. We keep current on the laws and regulations governing trade in items manufactured from elements of endangered species. Having stated this, we have sold, and will continue to sell, vintage tribal items carved in ivory, pieces containing feathers and the like. These ethnographic materials are either antique or were made before current laws and enlightened practice made them illegal. While it is not against U.S. law to sell many of these things it is, in many cases, now illegal to bring them into the U.S. regardless of their age of manufacture. For this reason, international sale of feather headdresses and breastplates, ivory carvings, and some other items are sold not subject to return. It is impossible for us to legally re-accept them even though we sent them abroad in the first place. Clients contemplating a purchase of any questionable items are urged to contact us before placing orders.]
14. Title; Risk of Loss
When Coup de Foudre, LLC delivers an item to its shipping agent (i.e. the U.S. Postal Service, UPS, etc. for shipment to the Buyer, title to the item and risk of loss will pass to the Buyer. If the Buyer collects the item from the Seller in person, title to the item and risk of loss will pass to the Buyer upon delivery to him. If the item is damaged in transit, the Buyer should contact the shipping agent and process a claim under the applicable insurance policy. Coup de Foudre, LLC is not obligated to take an item back under this Agreement if the item was damaged in transit (although Coup de Foudre, LLC is obligated to insure all items and to provide reasonable assistance to help the Buyer resolve damage claims with the insurer). It is important that the Buyer keep all packing materials until the Buyer is satisfied with the condition of his/her purchase. Packing materials may be required if you have any concerns regarding the condition of your merchandise.
15. Remedies for Buyer's Failure
If any applicable conditions of this Agreement are not complied with in a timely manner by the Buyer, in addition to other remedies available to Coup de Foudre, LLC by law or in equity, including without limitation the right to hold the Buyer liable for the Total Purchase Price, Coup de Foudre, LLC may, at its option, cancel the sale and re-offer the item on the Site or sell it privately. In addition, Coup de Foudre, LLC may hold the Buyer liable for any and all costs including late charges of 1½ % per month of the Total Purchase Price (or the highest rate allowed under applicable law), and/or the costs associated with collection, re-offer, handling charges, commissions, legal fees, or other expenses.
16. Choice of Law; Venue
This Agreement as well as each Buyer's, and Coup de Foudre, LLC's respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, USA which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use. By accessing or using the Site or our services, you irrevocably consent to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of Delaware with respect to any claim, action or proceeding arising out of or in connection with the Site, any transactions conducted on or through the Site and this Agreement, and that proper venue shall lie in the aforementioned courts, and you agree not to commence or prosecute any such claims, actions or proceedings other than in the aforementioned courts.
Coup de Foudre, LLC has attempted to ensure compliance with the requirements of Delaware law. However, some of the information in the pages contained in this web site may be forbidden access from certain jurisdictions and no representation or warranty is made as to whether the information available in this web site complies with the laws of jurisdictions and countries from which the pages in this web site should not be accessed.
17. Privacy and Data Protection
ii.) Unless otherwise authorized or consented to by Coup de Foudre, LLC and excepting the sites in the Links page of this site, you , the user, agree not to use any information regarding other participants that is accessible from the Site or disclosed to you by Coup de Foudre, LLC except to enter into and complete transactions on and through the Site. Without limiting the generality of the foregoing, you agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.
iii.) This web site contains and provides links to material submitted and created by third parties ("Other's Sites"). Coup de Foudre, LLC excludes all liability for any illegality arising from or error, omission or inaccuracy in Other's Sites. Coup de Foudre, LLC also makes no warranty that Other's Sites are free from computer viruses or any other malicious or impairing computer program. Coup de Foudre, LLC also makes no warranty that Other's Sites are free from adult-oriented material, or material which you may deem objectionable. Coup de Foudre, LLC provides links from this web site to Other's Sites for your convenience only but does not necessarily endorse the material on these sites.
18. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Coup de Foudre, LLC, AND ITS SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY PROPERTY OFFERED ON THE SITE OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION:
i.) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
ii.) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
iii.) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
iv.) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Coup de Foudre, LLC.
TO THE FULL EXTENT PERMISSABLE UNDER APPLICABLE LAW, Coup de Foudre, LLC DISCLAIMS ANY AND ALL SUCH WARRANTIES.
Further, the pages contained in this web site may contain technical inaccuracies, unverified data and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. Coup de Foudre, LLC accepts no responsibility for keeping the information in these pages up to date or liability for any failure to do so. Likewise we are not responsible for data displayed on cached web servers.
19. Waiver of Claims Against Coup de Foudre, LLC Consigned Items
BECAUSE COUP DE FOUDRE, LLC AND AFFILIATES ARE NOT RESPONSIBLE FOR THE GUARANTEES PROVIDED BY A CONSIGNER/EQUITY PARTNER OR THE DESCRIPTIONS OF ITEMS PROVIDED BY A CONSIGNER/EQUITY PARTNER, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS REGARDING A CONSIGNED OR EQUITY ITEM OR ITS DESCRIPTION, YOU RELEASE COUP DE FOUDRE, LLC, AND ITS AFFILIATES, (AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES AND DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COUP DE FOUDRE, LLC ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING LIABILITY FOR NEGLIGENCE, BREACH, OR OMISSION AND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME, PROFITS, REVENUES OR DATA), NOR FOR LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE.
Coup de Foudre, LLC makes no warranty that this web site (and in particular web sites which are linked to this web site) is free from computer viruses or any other malicious or impairing computer program.
21. Limited License
Coup de Foudre, LLC grants a limited license to each user of the Site to make personal use only of the Site for purchasing property on the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, making any derivative of the Site, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever, including without limitation the reproduction of images found on the Site for any use other than viewing the property for the purpose of considering a purchase.
Except as stated above, the contents of this web site may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of Coup de Foudre, LLC. You may not distribute, display or copy any of the contents of the pages contained in this web site to third parties including, but not limited to "caching" any material on this web site for access by third parties and "mirroring" any material on this web site.
You may print or download to disk the contents of an individual page of this web site for the purpose of private and personal non-commercial use or for the sole purpose of placing an order with Coup de Foudre, LLC. You may also permit your browser software to make an electronically stored, transient copy of the content in this web site for the purpose of viewing it while connected to the Internet only. You may only make ONE copy of any of the content of this Site.
22. Ownership and Copyright
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, software and design, is the property of Coup de Foudre, LLC; its affiliates; licensors and their affiliates; or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Coup de Foudre, LLC; its affiliates; licensors and their affiliates; or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. All software (including applets), software compilations and underlying source code used on the Site are the property of Coup de Foudre, LLC; its affiliates; licensors and their affiliates; or other content suppliers and their affiliates and are protected by U.S. and foreign copyright laws and international conventions. The content and software on the Site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on the Site, is strictly prohibited. All rights reserved.
23. Notice of Intellectual Property Rights
Trademarks, patents, service names, graphics, logos and other identifiers noted on the Site with the symbol tm are the registered trademarks of Coup de Foudre, LLC; its affiliates, licensors and their affiliates, or other content suppliers . Coup de Foudre, LLC and Twist 'n' Curltm are registered trademarks in the United States and other countries. There may be other graphics, logos, and service names trademarked by Coup de Foudre, LLC; its affiliates, licensors and their affiliates, or other content suppliers not identified as such on the Site. No Trademark may be used in connection with any products or services without the express prior written approval of the owner of the applicable Trademark. Coup de Foudre, LLC's trademarks may not be used in connection with any product or service that is not Coup de Foudre, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Coup de Foudre, LLC.
Coup de Foudre, LLC and its affiliates, in their sole discretion, reserve the right to refuse service, terminate accounts, cancel orders and/or restrict access to the Site without notice for any reason including, without limitation, if Coup de Foudre, LLC believes that customer or browsing conduct violates applicable law or is harmful to the interests of Coup de Foudre, LLC and its affiliates.
25. Translations; Governing Language
English shall be the language of the Site, and all transactions occurring in connection with the Site, and all users waive any right to use and rely upon any other language or translations. This Agreement may be presented in languages other than English for the convenience of our users. You specifically agree that the English language version of this Agreement shall control in the event of any inconsistency between that version and any version presented in languages other than English.
Il est de la volanté express des que le présent Site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.
To be effective, notices to Coup de Foudre, LLC relating to this Agreement, the Site or any transaction conducted on or through the Site must be given in writing and must be sent to Coup de Foudre, LLC by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the following address:
Coup de Foudre, LLC
E-mailed notices will be viewed merely as an intention of your purposes pending your notification to us in the manner outlined above. As with the other provisions of this Agreement, Coup de Foudre, LLC may change its address for notices by posting the new address on the Site. From spring through September when the business is operated from Livingston, Montana or Lago di Garda, Italy, it is best to email us to determine where to send non-email correspondance.
You agree that any notices required to be given under this Terms of Sale by Coup de Foudre, LLC to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
27. No Agency; Third-Party Beneficiary
Coup de Foudre, LLC is not the agent, fiduciary, trustee, partner or other representative of any other Buyer or Seller excepting Consigners and Equity Partners whose items may be marked as such in item descriptions. Such marking consists of the following symbol in an item description: !. Nothing expressed or implied from this Agreement is intended or shall be construed to give to any person other than the hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Coup de Foudre, LLC and relying Buyers and site users.
28. Severability; Non-waiver
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Coup de Foudre, LLC's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Coup de Foudre, LLC's right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Coup de Foudre, LLC must be made in writing and signed by an authorized representative of Coup de Foudre, LLC specifically referencing this Agreement and the provision to be waived.
29. Entire Agreement
This Agreement, and any pages referenced in it, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof (provided, however, that the terms of any separate agreement between Coup de Foudre, LLC and another party shall remain in force in accordance with the terms of that agreement).
Coup de Foudre, LLC, in its sole discretion, may terminate this Agreement, access to its web site, or access to the service without notice for any reason and at any time.
Several questions that clients frequently ask about our business are addressed in Frequently Asked Questions.
30. Binding Contract
By purchasing an item, the Buyer agrees to pay the Total Purchase Price for the item creating a binding obligation on the Buyer, enforceable by Coup de Foudre, LLC, to pay fully and promptly all sums due and perform any other conditions of completion with respect to the applicable sale. Unless an item is returned in the same condition as it was at the time of sale and free of any claims by third parties, a purchase may not be canceled. In addition to, and without limitation of, the rights of Coup de Foudre, LLC pursuant to Paragraph 14 of the General Terms and Conditions of this Agreement, a Buyer (a) specifically authorizes Coup de Foudre, LLC or its subsidiaries to charge such Buyer's credit card or other credit facility up to the amount required to finalize any transaction in accordance with this Agreement and (b) specifically acknowledges that if Coup de Foudre, LLC or it subsidiaries is unable for any reason to collect funds sufficient to completely cover the costs of any transaction to which such Buyer is a party, Coup de Foudre, LLC and its subsidiaries reserve the right to turn such matters over to its attorney or collection agencies. In addition, Coup de Foudre, LLC may obtain such payments by deducting from future payments owed by the Buyer, charging the Buyer's credit card, or by seeking such payment from the Buyer by any other lawful means.
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of your obligation to Coup de Foudre, LLC and our Terms of Sale and will be sufficient basis for our taking any action we deem necessary to protect our interests. You further agree that your failure to respond for over ten (10 calendar days to inquiries by Coup de Foudre, LLC concerning the accuracy of any details associated with your obligation(s) to us shall constitute a material breach of our Terms of Sale and will be sufficient basis for cancellation of any sale contract and the immediate calling in of your obligation(s).
Buyers must pay for merchandise by credit card, check, money order or gift certificate or by sending a wire transfer, or using the on-line services of PayPal for the Total Purchase Price as indicated on the Buyer's Invoice.
Once payment has cleared our bank Coup de Foudre, LLC will ship the goods and will provide a valid shipment tracking number (for purchases of more than $100.00) to verify and track shipment to the Buyer. For all items sold on the Site, the Seller must ship all goods fully insured for all risks of loss or physical damage (with an insurance value equal to no less than the Total Purchase Price less the cost, if any, of the insurance premium) and through a shipper that permits Coup de Foudre, LLC and the Buyer to track the location of shipments. If the Seller provides an invalid shipment tracking number or fails to insure the shipment and the goods are lost or damaged in shipment, then the Seller must provide a full refund in the amount of the Total Purchase Price as provided in Paragraph 4 of the General Terms and Conditions of this Agreement. If the Seller cannot ship an item to the Buyer within thirty (30) days after the close of the sale, the Seller must so notify the Buyer and, at the Buyer's option, provide a refund of any sums paid, pursuant to Paragraph 4 of the General Terms and Conditions of this Agreement. The Buyer waives any rights he/she has under this Agreement with respect to any goods shipped by us to a Buyer-provided third party address.
32. Packing and Carriage
A Buyer is obligated to pay the cost of packing and shipping the item to him and insuring the item while in transit. If the item is shipped to you from another country, you are also obligated to pay any costs of export and import, including, without limitation, duties, fees (brokerage or other) and costs of permits, which in some cases may be substantial. Buyers should also be aware that packing and shipping costs may be substantial, particularly if the item is of large size or weight, or requires special packing due to its fragility or construction. Coup de Foudre, LLC will provide general guidelines to assist Buyers in determining the costs of shipping, packing and insurance, but these are guidelines only and may change materially based on the location to which the item will be shipped. If a Buyer has any questions about the potential cost of shipping an item, the Buyer should contact Coup de Foudre, LLC to obtain a shipping estimate. Coup de Foudre, LLC is not responsible for the acts or omissions of carriers or packers of purchased items other than for our own in-house packing. Packing and handling of purchased items is at the entire risk of the Buyer (subject to the Seller's obligation to provide adequate packing to generally accepted standards in the field and insurance as provided in this Agreement in Paragraph 31.) You must contact Coup de Foudre, LLC if you wish to make alternative arrangements for receiving the item.
Note: Keep packing materials until you are satisfied with the condition of your purchase. Packing materials may be required if you have any concerns regarding the condition of your merchandise.
33. Non-delivery of goods
If your goods are not delivered to you within 14 days of the dispatch date you must notify us immediately, otherwise we cannot accept responsibility for the lost goods. You will be notified of the dispatch date by e-mail or letter shortly after we have received your order.
34. Damage in transit
Any claim arising from damage in transit must be made both to the carrier and to Coup de Foudre, LLC within 14 days of receipt of the goods. If you sign for the delivered package before checking the number of packages and their condition then you relieve Coup de Foudre, LLC (and, perhaps, the carrier too) of responsibility for loss or damage in transit. With this in mind, PLEASE CHECK THE CASES AND CONTENTS IMMEDIATELY UPON RECEIPT. Goods seen to be damaged should be signed "Damaged in transit" and packaging materials should be preserved for inspection. A signature with the endorsement "Not examined" or similar is not acceptable and neither Coup de Foudre, LLC nor our carrier will accept responsibility for damaged goods if so endorsed. Damaged goods must be reported within 14 days of delivery otherwise Coup de Foudre, LLC cannot accept responsibility.
35. Charges and Disputes
Buyers are bound by the payments they remit to pay for a transaction. The Buyer will resolve any dispute directly with Coup de Foudre, LLC and not by (i) attempting to revoke a charge to his or her credit card, (ii) attempting to exercise any other rights with respect to consumer credit transactions to obtain a refund or (iii) attempting to recall a wire transfer.
36. Wire Transfers
If a wire transfer is required, the Buyer will be provided with all information required to complete the transaction. The Buyer must provide such information to the Buyer's bank to initiate and complete the wire. So that payments can be properly credited, the wire-transfer instructions sent by the Buyer to his bank must include all of the transaction information we set forth. Wires must be sent in U.S.-dollar-denominated amounts for the Total Purchase Price and must be received into Coup de Foudre, LLC's bank account and must be final (irrevocable) when sent.
Within 7 days of receipt of an order a retail Buyer may return for a refund any book, map, print, manuscript, or work of art that we sell as long as it is in the same condition as when we sold it and any carpet or textile as long as it has not been worn or soiled. Any order placed by a Dealer is, unless otherwise stated, not returnable, unless the object is not as described. All returns must be free of any claims by third parties (such as might be the case if the Buyer has re-sold the item.) An object is not considered to be ordered subject to customer approval unless Coup de Foudre, LLC understands and agrees to such terms prior to shipment.
We do require that you notify us of a pending return. And we ask that you keep the packing materials until you are satisfied with the condition of your purchase. (Packing materials may be required if you have any concerns regarding the condition of your merchandise.) See our Returns Policy for information on how to make a return.
We do not accept wine returns unless the bottle is described as returnable in the catalogue. Wine paraphernalia may be returned if we have misrepresented its condition. Occasionally an item in one of our catalogues may be specifically listed as non-returnable. Merchandise which is consigned to us or property in which we maintain an equity interest may, or may not, be returnable. Inquire about such items, which are marked in our catalogues with the following symbol: (!). Some items may not be returned because their importation into the United States is forbidden. This may be true even if their export from the U.S. was not illegal. See Paragraph 13 above.
For full information on our policy, see Returns.
38. Chargebacks and Refunds
Coup de Foudre, LLC is responsible for chargebacks to the Buyer's credit card or refunds from other means of payment received by Coup de Foudre, LLC due to allowable merchandise return or other valid reason. Coup de Foudre, LLC may wish to verify the Buyer's identity before finalizing such a transaction. Coup de Foudre, LLC may deduct from chargebacks or refunds any payments due to Coup de Foudre, LLC on any other merchandise bought by the Buyer, or his or her representative, on or through the Site or through any other means, or on other fees due from the Buyer.
Coup de Foudre, LLC may earn interest or other compensation from the balances in its bank account that results from our receiving funds from the Buyer. If Coup de Foudre, LLC subsequently has to offer a chargeback or refund there shall no interest or other compensation to the Buyer regardless of the time elapsing between the buyer's payment and the chargeback or refund.
We reserve the right to distribute information to you that is pertinent to the quality or operation of our site and services as well as those of our subsidiaries and service partners. These announcements will be predominately informative in nature and may include notices describing changes, new merchandise and products, or other information we deem appropriate.
I have read the information above and by choosing the ACCEPT box, I agree that all of these Terms and Conditions of Sale shall apply, together with any additional provisions that may be set forth on my Invoice and/or Bill of Sale. Further, I also agree to accept all of these conditions and provisions without change.
I DO NOT ACCEPT
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