Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
This website is owned and operated by Kevin P. Groark. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the opportunity to purchase authentic space collectibles. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Terms of Sale:
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
Discounts:
Discounts cannot be used in conjunction with other methods of discount, i.e. social media discounts cannot be used in conjunction with vouchers or coupon codes more than the intended times.
​
Return and Refund Policy:
For any undamaged product, simply return it in undamaged condition along with all packaging and supporting documents within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note that the original shipping cost (to the buyer) will not be refunded. The buyer is also responsible for return insured shipping costs, and the item must be received by Orbital Artifacts in undamaged original condition. If the returned item is damaged in shipment, no refund will be issued and the item will be returned to the sender. In such cases, the buyer agrees that they will be liable for the return shipping of the item. Additionally, responsibility for pursuing insurance claims for damages occurring during the return shipping of previously purchased items will be incumbent upon the buyer, who must pursue them directly with the shipper. Kevin P. Groark and OrbitalArtifacts.com will provide any photos required for the filing of a claim, but will otherwise be absolved of any responsibility in the pursuit of such damage claims.
​
Retention of Right to Change Offerings and Pricing:
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. We also retain the right to change prices for any item we offer.
In the event that a www.orbitalartifacts.com product is mistakenly listed at an incorrect price, www.orbitalartifacts.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.orbitalartifacts.comreserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.orbitalartifacts.com will issue a full refund using the original payment method.
​
Third-Party Links:
In an attempt to provide increased value to our visitors, www.orbitalartifacts.com may link to sites operated by third parties. However, even if the third party is affiliated with www.orbitalartifacts.com, www.orbitalartifacts.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.orbitalartifacts.com. These linked sites are only for your convenience and therefore you access them at your own risk.
Ownership of Intellectual Property, Copyrights and Logos:
The Service and all materials contained therein, or transferred thereby, including, without limitation, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Kevin P. Groark. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.orbitalartifacts.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.orbitalartifacts.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.orbitalartifacts.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Right to Suspend or Cancel User Account:
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
​
Indemnification:
You agree to indemnify and hold Kevin P. Groark and Orbital Artifacts harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with use of the website or any of the services offered on the website by you or any other person accessing the site using your Internet account or orbitalartifacts.com account.
​
Limitation of Liability:
To the maximum extent permitted by applicable law, in no event shall Kevin P. Groark be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
In addition, to the maximum extent permitted by applicable law, Kevin P. Groark assumes no liability or responsibility for: (i) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (ii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
​
Right to Change and Modify Terms:
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
​
Promotional Emails and Content:
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
​
Dispute Resolution:
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of California, USA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Los Angeles County, California, USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.