Terms and Conditions of Sale
Please Read Carefully – by placing your order with Premier Pop Art you are agreeing to the following terms and conditions. I agree, All claims must be made in writing within 48 hours of receipt or will be considered not valid.
IN CONSIDERATION of the obligations herein expressed and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
“Agreement” means your order received by us and incorporates by reference these Terms and Conditions of Sale.
“applicable law” means the statutes, rules, regulations, and any other law of every kind and nature as adopted and/or amended in any applicable jurisdiction from time to time.
"art product" means the commodity of pure rare, precious or noble artwork that Premier Pop Art shall now or may hereafter offer for sale to buyers in its ordinary course of business. "New" artwork refers to newly minted, current year and uncirculated products, although these may exhibit scratches, dents, tarnish or other blemishes obtained during or after the shipping process. "Used" artwork refers to current or non-current year products which may exhibit scratches, dents, tarnish or other blemishes. The value of artwork products is unaffected by physical condition.
“business days" means the normal work days Monday through Friday inclusive, and does not include Saturdays, Sundays, and federal statutory holidays in the USA.
“buyer" shall be the individual, corporation, limited liability company, limited liability partnership, partnership, or other business or trust entity purchasing artwork from Premier Pop Art (hereinafter "buyer", "you" or "your").
“cancellation fee” means the Twenty Five Percent (25%) administrative charge added by us to every order where you have not complied with the requirements for payment as set out in Section 4 of this Agreement. This cancellation fee is in addition to any other funds owed to us by you,including but not limited to those funds pursuant to Section 9 hereof.
"carrier" means the relevant company delivering your order(s). The carrier may be USPS, FedEx, UPS or such other carrier as may be used by us from time to time.
“clearing time” means the time period from when your payment in full is received by us and when such payment can be verified. The duration of this clearing time is determined based on the method of payment used by you and may be amended from time to time at our discretion.
“FINTRAC” means the Financial Transactions Reports Analysis Centre of USA.
“market value” means the value of a certain artwork product as determined by the trading of same on certain markets and as acceptable to us in our sole discretion at a particular time and date.
“method of payment” means those methods we make available to you to pay us for your order, as may subject to certain terms and conditions and may be changed at our sole discretion from time to time.
"NSF" means Non-Sufficient Funds and occurs when payments are made to Hedge Bullion without adequate funds in the account which the instrument is drawing on.
"order" means your verbal or electronic request to us for a certain quantity of a certain artwork product for a certain price at a particular time and date as agreed to by us in our sole discretion.
"liquidation" means the conversion of your artwork product(s) to cash, and is undertaken by us in the event of a voluntary liquidation (Buy-Back) or an involuntary liquidation of your order.
"returned payment" refers to payments retracted after having been submitted to Premier Pop Art or AMG Financial Group, Inc.. This can include, but is not limited to, cancelling; credit card, checks and bill payments.
"seller" shall be First Third Capital, Inc. dba Premier Pop Art dba premierpopart.com., it's members, affiliates, but not directors, officers, employees, agents, heirs or assigns (hereinafter "premierpopart", "Premier Pop Art", "we", "us" or "our") that are duly authorized to deal in artwork.
2. Art Market Price and Availability Change Constantly
The parties hereto agree that the artwork products we offer for sale are commodities traded on various markets, and that the market price and availability of such bullion change constantly in accordance with market forces and supply and demand. We reserve the sole and absolute discretion to set the sale and buy-back prices for all products and bullion offered by us.
3. Placement of Artwork Order Creates Binding Legally Enforceable Agreement - NO CANCELLATIONS!
We are a leading artwork dealer in the art market and need to maintain our good name and competitive position. As such, we are entitled to and will rely on your verbal or electronic promise to pay us for your artwork order. In furtherance of this, once you have placed a artwork order with us, either over the telephone or through our website, you create a binding legally enforceable agreement to pay for your artwork product order.
Once you've placed your order, we do NOT allow any cancellations by you. Once you have paid for your order in full, we will happily buy-back your artwork product(s), in accordance with Section 8 hereof.
By accepting the terms of sale International Customers acknowledge that the customs office of the destination country may apply customs fees, import duties, taxes and other charges in accordance with that country's applicable tax law. International Customers furthermore acknowledge that any such surcharges will be their own responsibility and not that of Premier Pop Art.
International Customers are encouraged to contact their local tax authority for more information regarding any and all surcharges they might be forced to incur upon taking delivery of their artwork.
You agree that you shall submit full payment within one (3) business days and that Premier Pop Art shall receive full payment within one (3) business days of placing such order by using one or more of our methods of payment. Such payment must include the full amount owing to us, including but not limited to, payment for the artwork product(s), shipping and handling, and any transaction and/or other fees, as applicable. Should any delays or payment issues be encountered, as happens from time to time, you are required to contact our customer support to inform them of said issues in order to guarantee pricing. Failure to notify us of payment delays could result in S. 9.1 Order Liquidation. Should the customer cause a chargeback before a return or refund process plays out the customer agrees to pay Premier Pop Art and/or First Third Capital, Inc. a $400 chargeback inconvenience fee.
All payments must be made in USD, as indicated on your order.
Upon our receipt of your payment, in full, we will hold your payment and your artwork product(s) ordered for the clearing time applicable to the method of payment(s) used by you. In most cases, once your payment has been verified and upon expiration of the relevant clearing time, your order will be released for shipment to you.
4. 1NSF/Returned Payment Statement
Customers are asked to contact Premier Pop Art support staff should any issues arise in the course of making payment for outstanding orders. Should payments be found to be NSF or should we learn of a returned payment, initiated by the buyer, Premier Pop Art will automatically add a $25 charge to the customer account as an administration and processing fee. Should the customer cause a chargeback before a return or refund process plays out the customer agrees to pay Premier Pop Art and/or First Third Capital, Inc. a $400 chargeback inconvenience fee.
5. Order Confirmation and Invoice
Once you have placed your order, either over the telephone or electronically, we will endeavor to send you a confirmation and an invoice by email for same. Our failure to send and/or your failure to receive either or both of these email(s) does NOT invalidate or otherwise cancel your order with us; you are still required to pay for your order in accordance with Section 4 hereof.
You agree to take all steps necessary, including but not limited to updating any address books and/or adjusting spam or junk-mail filters, to ensure that you can receive emails from us in a timely manner, complete with any attachments, in furtherance of this Agreement.
You shall hold the existence and terms of all your transactions with Premier Pop Art and/or First Third Capital, Inc., including, without limitation, the existence of any disagreement or dispute and the existence and the terms of any resolution thereof, in strictest confidence and you shall not disclose any such information to any person or entity unless (a) such disclosure is required by applicable law or regulation or (b) such disclosure is required by a court or other tribunal of competent jurisdiction. If you become aware that you may be required to make any disclosure of such information, including, without limitation, as a result of the receipt of a subpoena or other compulsory process, you shall promptly notify, in writing, Premier Pop Art and/or First Third Capital, Inc. and you shall cooperate, in good faith, with Premier Pop Art and/or First Third Capital, Inc. in obtaining a protective order or other appropriate relief, if any, with respect to such disclosure.
7. Record of Order and Related Information
You agree and consent that we may maintain the records comprising your order and related information for our purposes, including but not limited to, in order to verify the terms of such order, to aid in staff training, for audit and/or quality control purposes, in order to comply with any laws as now exist or may hereafter exist, and/or for any other reason reasonably related to our business purposes.
8. Buy-Back Policy (Voluntary Liquidation)
We are always interested in buying and selling bullion products. Our Buy-Back policy (also called a voluntary liquidation), provides a market for your fully paid artwork product order.
At any time after you have fully paid your bullion product order, even before we have shipped it, you can choose to sell your artwork product order back to us at the market rate for such buy-backs at that time as long as we have the funds available at that time. Please contact us to discuss the buy-back of your paid artwork order.
9. Involuntary Liquidation Policy
9.1. Should you fail to pay for your order as required pursuant to Section 4 hereof, we reserve the right to liquidate your order for market value at the time of such liquidation, in our sole discretion. We are under no obligation to take any steps or to refrain from taking any steps, in order to or in an attempt to maximize market value for your order and we take no responsibility for same. You remain responsible for the full value of your order as agreed to at the time such order was placed by you. This responsibility includes, but is not limited to, your responsibility to pay us the cancellation fee (25%) plus the difference in value, in the event that the market value of your unpaid order is less than what you agreed to pay at the time of placing your order. The credit card information provided by you pursuant to Section 6.1 hereof will be used by us to charge you for any amounts owing to us pursuant to this Section 9.1.
If the market value of your unpaid order is greater than you had promised to pay for such order, any such gains remain our property.
9.2. Where you have placed more than one order with us and have paid for one or more of the order(s) but also fail to pay for one or more of such order(s) in accordance with Section 4 hereof, any shipment of the paid order(s) may be held at our discretion until payment in full is received in accordance with Section 4 for all orders and the applicable cancellation fee(s). At our sole discretion, we may elect to apply the money received by us for your paid order(s) and/or the bullion product(s) comprising your paid order(s) against any payment(s) due and owing to us on account of your unpaid order(s). If, after exercise of any such election(s) by us, you still owe us any amount, we may, in our sole discretion, involuntarily liquidate any remaining artwork product(s) in the quantity required by us, acting reasonably, in order to ensure that we are paid in full for all your orders and the applicable cancellation fee(s).
Where, after all your unpaid order(s) and applicable cancellation fee(s) (25%) are paid to us, any of your order(s) or portions thereof remain due and owing to you, you may elect to receive shipment of such order(s) or portions thereof so remaining, or to receive payment in the amount of the market value for same, refunded by check.
9.3. The determination of any loss or gain of value on all or part of your order for the purposes of this Section 9 is calculated as the difference between the price you agreed to pay for such artwork product(s) at the time your order was agreed to by us, and the market value of same obtained by us as at the time of liquidation pursuant to this Section 9.
9.4. Premier Pop Art/ First Third Capital, Inc. reserves the right to employ the services of a collection agency should cancellation fees remain unpaid for a period exceeding 90 days. Customers wishing to avoid such an issue should contact customer support before the 90 day period expires in order to reach a solution.
10.1 Shipment Time
10.1.1 Usually within ten (10) business days from when we receive payment in full for your order (unless the clearing time applicable to your method of payment exceeds ten (10) business days), we will ship your order to you, subject to artwork product availability and liquidity. From time to time, the shipment time of your order may be delayed for reason(s), including but not limited to, reductions in our inventory as a result of increased demand for certain artwork products, the reduced supply available to us of same and/or a reduction in liquidity of Premier Pop Art/ First Third Capital, Inc. In the event of the above we will have up to 1 year to deliver. We will endeavor to update our website with any delays applicable to particular artwork product as may arise from time to time.
10.1.2 If we are unable to comply with the shipment time provided to you under Section 10.1.1 hereof, we will endeavor notify you of same as soon as reasonably possible. Upon receipt of such notice, you may elect to:
(1) accept the new shipment time provided by us, which new time shall not exceed an additional 1 year (364) days; or
(2) request that we buy-back your order pursuant to Section 8 hereof if funds are available. If funds are not immediately available then within 1 year (364) days we will complete the buy-back.
10.1.3 If we are unable to ship your order within the new shipment time estimated under Section 10.1. 2(1) hereof, then after this new time has passed, we will buy-back your artwork order pursuant to Section 8 hereof and remit payment to you for the value of:
(1) the voluntary liquidation; or
(2) your payment for your order, including any shipping fees paid by you,
whichever is greater within 1 additional year (364) days.
10.1.4 Shipping Discrepencies: Once you receive your shipment if there is any discrepencies such as shortages or damages you have 2 days or 48 hours to report it to us in writing by email. After that time period passes, Premier Pop Art/ First Third Capital, Inc. and our insurance carrier are not responsible for any claims whatsoever. No exceptions.
10.2 Credit for late receipt (where applicable only)
At our sole discretion we may issue you a coupon for the cost of shipping if your package is late. The determination of whether a package is late is at the discretion of the relevant carrier. Any coupons issued here under shall be in a form and subject to such terms and conditions as determined by us in our sole discretion.
10.3 Shipping method
We reserve the right to substitute a different shipping method other than that which you selected on you order. Where the actual shipping method costs less than the method of shipping you had selected we will issue you a coupon for use with us and subject to such terms and conditions as determined by us in our sole discretion.
10.4 Shipping options
We will insure the full value of your shipment to the address provided when your order was placed. Your signature is required to receive delivery. Should you choose to re-direct your order to be shipped to any other location and/or to waive the requirement for a signature, you agree to incur all risk and liability associated with such order.
11. Reservations of Right
In addition to the other rights contained in this Agreement, we reserve the following rights unto us, to be exercised in our sole and absolute discretion:
11.1 Right to Refuse Service to Anyone
We reserve the right to refuse service to anyone.
11.2 Right to Correct Errors in Orders
We reserve the right to correct any typographical or clerical errors or omissions in any order. We will make a good faith effort to notify you of any such corrections to your order.
11.3 Right to Cancel Any Order
We reserve the right to cancel any order at any time for any reason. If we exercise this right, we will cancel your order, including the shipment of same, and we will notify you and refund to you all monies you may have paid to us pursuant to such order, less any costs and/or fees associated with cancelling your order, as may be applicable.
11.4 Right to Require Payment by Bank Wire Transfer
We reserve the right to require any payment by bank wire transfer.
11.5 Right to Change Terms and Conditions of Sale
We reserve the right to change any terms and conditions of sale at any time without any further notice.
11.6 Right to Accept or Reject Any Late or Defective Payment(s)
We reserve the right to:
(1) accept any late or otherwise deficient payment(s) including but not limited to liquidation payments(s); and/or
(2) reject any late or otherwise deficient payment(s), including but not limited to liquidation payment(s),
at any time in our sole and absolute discretion.
11.7 Right to Hold Monies and Shipments to comply with FINTRAC and the law
(1) If you are, or if you appear to be, sending to us multiple payments or other payment(s) that, in our sole discretion, may require us to report such payment(s) to FINTRAC or take other steps in order to comply with applicable law, we reserve the right to hold any and all such payments and to withhold shipment of the related order(s) in our sole discretion until you provide us with all the information as we may require, to our sole satisfaction, in order to comply with FINTRAC and/or applicable law.
(2) We hereby reserve the right to involuntarily liquidate, cancel and/or rescind any order where we are unable to obtain and/or to verify any information required by us pursuant to Section 11.7(1) hereof.
11.8 Right to Hold Payment
We reserve the right to hold any payment until it is verified and cleared and/or the customer has communicated with us and submitted a valid Credit Card on all first time orders. This is done solely in the interest of fraud prevention and all holds are removed promptly upon the completion of the above conditions.
11.9 Computation of Time Period
Unless otherwise expressly stated herein, the first day for computing any applicable time period shall be the first business day following the placement of the relevant order.
If the last day of the time period falls on a day other than a business day, then the last day of a time period shall be the next business day thereafter.
This Agreement shall be construed and governed by the laws of the State of Florida and the laws of the USA applicable therein and the parties hereto irrevocably at torn to the exclusive jurisdiction of the Courts of the State of Florida. However, any dispute which is not able to be solved between the two parties needs to go through mediation and/or arbitration in Dade County Florida and not the courts. Each side pays for mediation and arbitration. In the event that a law suit is filed against Premier Pop Art or First Third Capital, Inc., or any of its representative companies or individuals without first going through mediation and arbitration, the Plaintiff agrees to immediately pay the Defendant's attorney up to the first ten thousand dollars in attorney fees spent whether or not the Plaintiff wins or loses the case.
Time shall be of the essence of this Agreement.
This Agreement constitutes the entire agreement between the parties hereto and the parties acknowledge and agree that there are no covenants, representations, warranties, agreements or conditions expressed or implied, collateral or otherwise forming part of or in any way affecting or relating to this Agreement save as expressly set out in this Agreement.
This Agreement may not be altered or amended in any of its provisions, except where any such changes are reduced to writing and executed by the parties.
No consent or waiver, express or implied, by either party to or of any breach or default by the other party in the performance by the other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such party hereunder. Failure on the part of either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder.
If any term, covenant or condition of this Agreement or the application thereof to any party or circumstances shall be invalid or unenforceable to any extent, the remainder of this Agreement or application of such term, covenant or condition to a party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby and each remaining term, covenant or condition of this Agreement shall be valid and shall be enforceable to the fullest permitted by law.
Mention in this Agreement of any particular remedy of a party in respect of a default by the other party does not preclude the first party from any other remedy in respect thereof, whether available at law or in equity or by statute or expressly provided for in this Agreement. No remedy shall be exclusive or dependent upon any other remedy, but a party may from time to time exercise any one of more of such remedies generally or in combination, such remedies being cumulative and not alternative.
This Agreement shall endure to the benefit of and be binding upon the successors and assigns of each of the parties.
The parties acknowledge and agree that any payment of monies required to be made hereunder shall be made in USD funds.
11.11 Default Remedies
If a portion of any purchase is placed in your credit facility as provided by the company on Customer’s account, and CUSTOMER fails to make any required payment(s), or clear the balance due Premier Pop Art , as the case might be, Premier Pop Art , in addition to other remedies available and not as a limitation of same, shall have the irrevocable POWER OF ATTORNEY of the CUSTOMER, to liquidate any of the CUSTOMER’S equity in existing products reserves in order to pay any obligations of the CUSTOMER due Premier Pop Art / First Third Capital, Inc.
This may result in the CUSTOMER reserves acquired in unrelated transactions being liquidated to pay off obligations for any other transactions.
Premier Pop Art will, for promotional and customer reward purposes, periodically have coupon codes available for customer use on orders. Unless otherwise stated, coupons will be valid until the stated expiration date or quantity threshold has been met. Premier Pop Art reserves the right to activate and deactivate new and existing coupon codes, from time to time, as it sees fit. Should customers have any concerns regarding a specific coupon they are encouraged to call our toll free number and speak to a member of our Support team.