In plain English: we will replace any ornament defective for reason of manufacture or an error on our part at our total and complete expense. For your privacy, we never share any customer information--in aggregate or in the specific--at any time with anyone for any reason. If we make a mistake, we'll correct it. If the ornament has a manufacturing defect, we'll replace it. If you've made a mistake and want to re-order the ornament, we'll offer you a discount.
Terms of Service
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 RussellRhodes.com, Russell Rhodes, 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.
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 write to us via the Contact Us link, report it, and send camera-phone photos of the problem. We'll get it fixed or replaced immediately. Items on our site are usually not returnable for refund or credit; we do not offer "mass market" merchandise. If, in our discretion a special circumstance exists, we may offer a return with the understanding that a 20% restocking and/or cleaning/erasing/repainting fee may apply. We do not offer customer service by telephone; all communication must be in writing so that we can efficiently serve you.
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 canceled. Please make sure you have the exact spellings, wording and addresses you want us to work with prior to placing your order. In the rare case we're able to pull someone off her job to attempt to find your order among 500 or more in November and December, a nominal "hunt and find" fee will apply, plus any bank fees charged in placing and reversing the transaction to locate & cancel the order, as well as to process the refund.
VII. Damaged Goods for Christmas Delivery. We design our packaging to exceed all standards. In 24 years, we've had fewer than 20 damaged items, each of which had literally been run over by a postal truck. Thus, 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, retain all packaging and send photos via the Contact Us link on the website. The courier may be the deciding factor in terms of replacement.
VIII:. 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. 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 an average year, we make 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.
XI. 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.
XII. 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.
XIII. 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.
XIV. 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.
XV. 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, we hope you're able to find just the right Christmas ornaments for each person on your list.
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