Personalized Gifts and Personalized Ornaments from Russell Rhodes

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Personalized Christmas Gifts

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Personalized Ornaments

Conditions of Sale Contract

I. Definitions. This Contract is the entirety of the Agreement. You and Your, in addition to the their standard dictionary definitions, refer to the individual using the Site in any of its parts or functionalities. Us and we is defined as PersonalizedOrnamentsMall.com, Russell Rhodes and all other artists, their owners, officers, employees, agents, successors, manufacturers, artists, contractors and assigns in whole or in part.Use and using as occurring herein have, in addition to their standard dictionary definitions, the following meaning: intentional or unintentional appearance of the Website on your browser; a single click of the mouse by you on any page, section or photograph; your browsing the Site in whole or in part; and/or you making a purchase or purchases from the Site including ownership in any locale of our product at any time whether or not under your direct control or supervision; and including the purchase of product gifted to a third party by you or resulting from your purchase. Use and using are further defined as: any magnitude of interaction, miniscule or great in quantity or frequency of action, by any cause intentional or unintentional, with the Website’s products in image or physical form, with the Website itself in whole and/or with any of its component parts, and/or with the Website’s functionality in whole or in part.

II. Agreement between parties. If you use our website, you agree to the foregoing definitions, and affirm this Agreement as binding between you and us. If you do not agree, do not use our website.

III. Shipping Policy. In order to offer the lowest possible shipping and handling rates to all of our customers, the cost to ship each item is shown within the text for that item. We feel that it’s unfair to generalize the shipping price, hiding these expenses for extra profit within a scale if you happen to order a single or multiple items for express air shipments. Our air shipment rates, where available, are offered on a per item basis at your convenience. All products are shipped by USPS and/or FedEx services depending upon weight and size. We pay for the insurance, and we offer you tracking and shipment information on your site under your login.

IV: Sales Tax. As required by law, sales tax is automatically applied to your order total if your shipping address is within the State of Texas.

V: Our Guarantee and Return Policy. Every item we sell is guaranteed to be 100% free from defects of material and workmanship. While we’ve never had an item returned for reasons of defect, were we to have a first time, we would replace at our sole discretion the item or piece(s) at our expense swiftly. If you receive an item from us that you believe has some defect, please call us immediately at: 214-335-3548, report it, and obtain a Return Authorization number. An authorized return requires that all original packaging be maintained and shipped back to us under the specific additional direction of one of our Customer Service Advocates. Items on our site are not returnable for return or credit; we do not offer “mass market” merchandise.

VI: Changes and Cancellations. Due to the highly personal and special-order nature of all of our products, once placed, your order cannot be altered, changed or cancelled. Please make sure you have the exact spellings, wording and addresses you want us to work with prior to placing your order. For your convenience and to ensure understanding, we offer an optional “check box” so that you can verify your understanding of our policies.

VII: Credit Card Chargebacks and Fraud. Given every effort on our part to replace damaged goods and/or correct any potential error, chargebacks (defined as a reversal for any reason of charges made on a credit card presented as payment for our product(s)) are treated as fraudulent acts, and a $100 fee will be assessed to your credit card in addition to the re-instatement of the original charge(s), both of which you agree that we may charge to your credit card. The fee and reinstatement amount are separate from and in addition to any fees and costs associated with arbitration as may occur--the policies governing which are covered in Paragraph XIV--and any other cause or causes arising from or related to in any way the reversal of charges including but not limited to collection costs and attorney fees as we may incur related to collection efforts. You agree that we may apply these costs as well to your credit card, or pursue, at our sole discretion and at your expense, other avenues of collection.If you are using someone else’s credit card information and the charge is reversed for any reason, in addition to any federal criminal charges that may befall you, you affirm this Agreement as binding upon you in all aspects, with the additional agreement that: you agree to a judgment proceeding against you providing for a lien placed on any property you have an interest in for the amount of $5000.00, plus attorney fees and costs, court costs, reasonable expense of suit and collection costs, plus the value of the merchandise at the time the charge-back occurred. Further, you agree that we may contact the recipient of our goods if a third party and inform them that the goods were obtained fraudulently, name you as the perpetrator, and you agree to hold us harmless and indemnify us in any action that may arise from our attempts to collect the value of the fraudulently obtained merchandise from the third party or parties or their relatives by blood or law, including any neighbors, housemates, guests or others who may have knowledge of your whereabouts.

VIII. Damaged Goods for Christmas Delivery. We design our packaging to exceed all standards. In 8 years, we’ve had one damaged item. The courier admitted to us that 9 of the 18 wheels of their truck demolished the package. Statistically speaking, we and our customers are never bothered with damage problems. All of our items have custom foam triple-thick inserts or whatever it takes for us to be sure your items will arrive safely. If for any reason you happen to be the statistical anomaly that receives something from us that was damaged in transit, you must retain all packaging. The courier may be the deciding factor in terms of replacement.

IX:. Cut-Off Times. We are open all year, so there's no standard cut-off time. What does occur is that there is a cut-off time for by-Christmas ground delivery. You can choose FedEx overnight, 2-day, or 3-day services for late-December orders.

X: Privacy Policy. Most companies use phrases like, “we share your information with other reputable companies only”. Our privacy policy is simple: we electronically record what you tell us in order to fill your order, in order to improve our product offerings and Website, and in order to mail new product information or special offers to you. We do not and will not share any information of any kind with anyone else unless so ordered by a Court of Law, (has never happened). As technology and the law change, we may have to insert more legalese here or change this policy. If that’s the case, without notice, the new wording will appear on this Web page.

XI. Errors. If you make an error and we've produced what was asked for, your order is considered complete and non-returnable. In some cases, however, we can change your order for you for a nominal fee. Example of something we can change for you: on the fireplace platter, you asked for Jeff, but you forgot that your in-laws changed his name to Geoff. We can replace the ceramic stocking with his corrected spelling for a nominal fee. Example of something we cannot change: hand-painted lettering on a glass ornament, (turpentine will remove the name, but will also remove the finish). We’ll make every effort to accommodate you if we can.If we make an error, we will re-ship the corrected item or piece as we determine within 3 days at our expense. In 2005, we made 6 errors out of over approximately 32,000 personalized pieces. Thus, it's rare, but we are extremely sensitive to the upset a small error can cause in a time-sensitive situation. Please report any error we make immediately and we'll fix it equally fast.

XII. Errata. While we strive to maintain 100% accurate information on this Website, there may be cases where, due to human or technological error errata may appear on the Site or correct information may be missing in whole or in part. While this has never happened, we maintain our right to correct any error, whether published or omitted, at any time, including after an order is placed. We will also change, update and/or correct information at any time without notice. And, our customers are welcome to visit the Website at any time to view all available information that we maintain as accurately as possible to the best of our ability and knowledge.

XIII. Disclaimer of Liability. We make no representations or warranties of any kind, whether express, implied or inferred, with respect to this Website, its content, or the information, graphics, photography or products available on or through it. While we make every effort possible to publish accurate data and to provide safe products, all information is presented “as is”, with any and all faults; and all merchandise is presented and delivered “as is” with no warranty as to any particular use or purpose. And, Russell Rhodes, The Personalization Source, and all artists represented, their owners, officers, employees, agents, successors, manufacturers, artists, contractors and assigns, will not be liable for any damages whatsoever arising out of or related to the use of this Website or the products presented at any time on this Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer of any kind, as well as damages for lost profits, business or life interruption, even if we are notified in advance of the potential for any such damages. In using this Website, you agree to indemnify Russell Rhodes, its owners, officers, employees, agents, successors, manufacturers, artists, contractors and assigns against any and all cause(s) brought to bear arising out of or related to in any way the use of this Website and/or to its products presented in the past, currently or in the future, including but not limited to: information; photography; product possession, use, handling, or misuse; swallowing; lacerating; dropping, breaking, shattering or exploding; falling off and/or onto; laying, placing or positioning product on top of or coming into contact with any surface causing damage of any kind; direct or indirect consequences for plugging an electrical cord into an outlet; damage to persons, property or livelihood of any kind as a direct or indirect consequence of use of this Website and/or its products regardless of when or the manner in which visual or text information is or was presented on the Website.

XIV. Applicable Law and Indemnification. By using this Website, you agree that the laws of the State of Texas, without regard to principles of conflict of laws will govern this Agreement and any dispute of any sort including but not limited to Website use and/or product use or manipulation or application of any kind that might arise between you and this Website, Russell Rhodes, The Personalization Source, and all artists represented, their (collectively and individually) owners, officers, employees, agents, successors, manufacturers, artists, contractors and/or assigns. You agree that any dispute relating in any way to your use intentional or otherwise of our Website, its parts and functionalities and/or of products shown on our website without regard to when or how they were presented or acquired shall be submitted to confidential arbitration in Dallas, Texas. Under any action brought against us in whole or in part you agree to appear personally, and you re-affirm your voluntary indemnification of us in any proceeding progressing from your use of our Website and/or products including the willful or unintentional presentation of products, and/or gifting of any of our products to any third party by yourself or another--whether to minor or adult--whether within your immediate control or not, then or now. Further, if your appearance does not occur for any reason whatsoever, you agree to be liable for and indemnify us wholly against any and all outcomes of any arbitration, including any class action or other cause brought against us that may be filed under any jurisdiction whatsoever related in any way to your use, possession of or gifting of our Website and/or products.

XV. Exclusions. If any word, sentence, portion or paragraph of this Agreement is judged as contrary to the laws of the State of Texas and therefore excluded, the judgment shall have no bearing on any and all remaining portions, sentences, or paragraphs of this Agreement all of which you agree remain binding and in force to inure to our benefit at our sole discretion. You further agree that we may pursue enforcement of this Agreement at our sole discretion in any jurisdiction or venue of our choice, including but not limited to arbitration or the State of Texas.

XVI. Future Changes. Terms and conditions as published in this Agreement as of the date of your acceptance are binding ad infinitum. Future changes to this Agreement will not effect you, as you are only agreeing to the Agreement as offered and accepted at the time of your Website use. We may be required to make changes and enhancements to the Agreement from time to time, at which point you are bound additionally by any future Agreement extant on the Website if and only if you use our Website at a future date and only per the Agreement in place at the specific time of your use of our Website.

Now that all the legalese is spelled out, enjoy your shopping experience. Our primary focus, personalized Christmas ornaments, can be most easily accessed through this link: Personalized Christmas Ornaments

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