Terms of Use

Conditions of Sale

The following Conditions of Sale (“Agreement”) define the relationship between EESOME CO(“eesome co” or “we” or “us”) and the buyer (“you” or the “buyer”) of the artwork (“merchandise”) sold in connection with the website at www.eesomeco.com (the “Site”). We may modify these Conditions of Sale as well as any other terms, conditions or information on the Site by posting such changes on the Site. By making an offer to purchase any merchandise or participating in any sale, you accept and agree to be bound by these Conditions of Sale and any other policies, guidelines, FAQs and requirements that we post elsewhere on EESOME CO from time to time, including EESOME CO”s Terms of Use.

The Site

The Site is a platform for the exhibition and sale of vintage goods and other property. All buyers on the Site must be at least 18 years old and able to form binding contracts under applicable law. You are responsible for all charges incurred under your account. In order to make a purchase, EESOME CO may use the services of third parties. We reserve the right to withdraw the merchandise from the site at any time without any liability whatsoever for the withdrawal. Unless agreed otherwise in writing between you and us, we are not responsible to the buyer in any way with respect to the exhibition or sale of any merchandise on the site.

Buyer’s Responsibility

Subject to fulfillment of all applicable terms and conditions of this Agreement, when the buyer makes a purchase on the site the buyer shall immediately pay the total amount due, consisting of the total purchase price of the Work and all applicable taxes and service fees. By making a credit card purchase, the buyer irrevocably waives any charge-back rights the buyer may otherwise have under the buyer’s cardholder agreement or otherwise. If a credit card is not approved, the buyer 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.

If the buyer fails to comply with any applicable term or condition of this Agreement, the buyer will be in default, and we will be entitled in our absolute discretion to exercise any or all of the following rights and remedies (in addition to any other rights or remedies available to us at law): (i) to hold the buyer liable for the total amount due; (ii) to cancel the sale or any other sale to the buyer, retaining as liquidated damages any amounts already paid by the buyer.

Taxes

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 merchandise that we are required to collect under applicable law and shall indemnify, defend and hold harmless (including reasonable attorneys’ fees) EESOME CO from costs associated with any failure to do so. We are required to collect sales tax for any merchandise delivered in the same state that the merchandise is currently located in.

Limitation of Liability

EESOME CO Shall not be liable for any damages, in particular EESOME CO shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to  any dispute regarding any merchandise offered and/or sold on the site, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if EESOME CO has been advised of the possibility of such damages.

Governing Law. 

This Agreement shall be governed by and construed under the laws of the State of Tennessee.