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Terms and Conditions
INTRODUCTION
This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, and all other actions you take on our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between Patches Co. (the seller) and you (the Purchaser), and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, products, the content, and software provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice. The agreement posted on our website reflects the latest agreement and you should carefully review these terms before you use our site.
This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, and all other actions you take on our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between Patches Co. (the seller) and you (the Purchaser), and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, products, the content, and software provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice. The agreement posted on our website reflects the latest agreement and you should carefully review these terms before you use our site.
USE OF THE SITE & PROHIBITIONS
The Site allows you to shop and purchase online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) mining or collecting information about users’ personal information; (c) manipulating the price of any item or interfering in any way with the operation of the website. (d) take any action that may damage the rating system.
For you to complete the sign-up process on our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the sign-up process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
The Site allows you to shop and purchase online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) mining or collecting information about users’ personal information; (c) manipulating the price of any item or interfering in any way with the operation of the website. (d) take any action that may damage the rating system.
For you to complete the sign-up process on our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the sign-up process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
PAYMENTS AND PROCESSING OF INVOICES
Patches Co. has the sole description to provide the terms of payment. Unless otherwise agreed, payment must first be received by Patches Co. prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, PayPal, or electronic check. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. Unless otherwise noted, all invoices are required to be paid to start production on custom products. An order may be invoiced separately. Patches Co. has all the discretion to cancel or deny orders. Patches Co. is not responsible for pricing, typographical, or other errors in any offer by Patches Co. and reserves the right to cancel any orders arising from such errors. For all but consumer purchases, Patches Co. reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
Patches Co. has the sole description to provide the terms of payment. Unless otherwise agreed, payment must first be received by Patches Co. prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, PayPal, or electronic check. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. Unless otherwise noted, all invoices are required to be paid to start production on custom products. An order may be invoiced separately. Patches Co. has all the discretion to cancel or deny orders. Patches Co. is not responsible for pricing, typographical, or other errors in any offer by Patches Co. and reserves the right to cancel any orders arising from such errors. For all but consumer purchases, Patches Co. reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
REFUND POLICY
Within 30 days of purchase, for any reason, undamaged products can be returned for a full refund, excluding bulk orders as they may not be eligible for refunds. (Note: Customized product orders exceeding 100 pieces will be considered as bulk orders.)
Many of our products are custom processed, so each product may have slight variations and cannot be 100% identical to the print. Minor differences (defined as aesthetic differences of 5% or less in the product) are considered normal and acceptable. If the merchandise is defective or if you are unsatisfied with the product, please inform us within 7 days of receipt, and we will be happy to assist you.
In order to receive any type of refund, the goods in question must be returned to our office. Please contact your sales rep or our customer service team to arrange for a pickup or to receive a return shipping label. We will pay for shipping back to our company.
After we receive the items in question we will inspect for defects in quality, manufacturing, and deviation in color or design. We will only issue a refund if 6% or more of the products fail inspection. Please keep in mind that these are hand-made items.
If goods are found to be within the 5% margin of error for handmade products, we will ship them back to you and charge you the shipping costs for returning your goods to you.
If goods are found to be defective during our inspection, we will remake the products and ship the new products to you at no cost. Production time for remakes is usually 15-20 days unless otherwise agreed upon in writing.
Within 30 days of purchase, for any reason, undamaged products can be returned for a full refund, excluding bulk orders as they may not be eligible for refunds. (Note: Customized product orders exceeding 100 pieces will be considered as bulk orders.)
Many of our products are custom processed, so each product may have slight variations and cannot be 100% identical to the print. Minor differences (defined as aesthetic differences of 5% or less in the product) are considered normal and acceptable. If the merchandise is defective or if you are unsatisfied with the product, please inform us within 7 days of receipt, and we will be happy to assist you.
In order to receive any type of refund, the goods in question must be returned to our office. Please contact your sales rep or our customer service team to arrange for a pickup or to receive a return shipping label. We will pay for shipping back to our company.
After we receive the items in question we will inspect for defects in quality, manufacturing, and deviation in color or design. We will only issue a refund if 6% or more of the products fail inspection. Please keep in mind that these are hand-made items.
If goods are found to be within the 5% margin of error for handmade products, we will ship them back to you and charge you the shipping costs for returning your goods to you.
If goods are found to be defective during our inspection, we will remake the products and ship the new products to you at no cost. Production time for remakes is usually 15-20 days unless otherwise agreed upon in writing.
CANCELLATION FEE
For canceled orders paid for by CREDIT CARD, there is a 5% cancellation fee. This fee covers the costs and fees associated with processing two credit card transactions. Thank you for your understanding. There is no cancellation fee when orders have been paid by check or money order.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notice you of such cancellation.We do not warrant those product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a non-custom product offered on our website is not as described, your sole remedy is to return it in unused condition.
For canceled orders paid for by CREDIT CARD, there is a 5% cancellation fee. This fee covers the costs and fees associated with processing two credit card transactions. Thank you for your understanding. There is no cancellation fee when orders have been paid by check or money order.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notice you of such cancellation.We do not warrant those product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a non-custom product offered on our website is not as described, your sole remedy is to return it in unused condition.
ACKNOWLEDGMENT OF RIGHTS
By using or shopping from this Web site, Buyer asserts that they own, licensed, or have purchased rights to any and all registered trademarks and copyrighted images, logos, or content contained within their artwork reproduced by Patches Co. With full knowledge of the above, the Buyer hereby releases and shall indemnify and hold harmless EnamelPins, Inc. and its successors, legal representatives, licensees, and assigns from any and all claims or damages resulting from or associated with the use of the artwork. You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through the use of or access to the Program or proprietary information related thereto.
EDITING, DELETING, AND MODIFICATION
We may edit, delete, or modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT, AND SHOPPING ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGEFRAUDFRAUDULENT ACTIVITIES are highly monitored on our site and if fraud is detected Patches Co. shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered on our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products, and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.
By using or shopping from this Web site, Buyer asserts that they own, licensed, or have purchased rights to any and all registered trademarks and copyrighted images, logos, or content contained within their artwork reproduced by Patches Co. With full knowledge of the above, the Buyer hereby releases and shall indemnify and hold harmless EnamelPins, Inc. and its successors, legal representatives, licensees, and assigns from any and all claims or damages resulting from or associated with the use of the artwork. You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through the use of or access to the Program or proprietary information related thereto.
EDITING, DELETING, AND MODIFICATION
We may edit, delete, or modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT, AND SHOPPING ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGEFRAUDFRAUDULENT ACTIVITIES are highly monitored on our site and if fraud is detected Patches Co. shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered on our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products, and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.
DELAYS IN ORDER DELIVERY
Patches Co. will always give 100% to make sure we deliver in time for your event. Patches Co. will NOT be responsible for delays caused by:
CUSTOMS - Our products are hand-manufactured and imported. Customs (the US and other countries) from time to time inspect international shipments at random. If your products are held for a customs inspection, we will not be responsible for any delays.
SHIPPING - Because our products are imported, we can not be held responsible for delays incurred AFTER we have given the products to our international shipping carrier. Weather, War, Changes in international shipping laws, and carrier delays can all cause your order to arrive late. Please give yourself enough time for production and shipping your product. Patches Co. will not be responsible for carrier and shipping delays.
CHANGE and additions to your order- Patches Co. will not be responsible for delays in production caused by the client making changes to the design, adding additional quantity, or requests for pre-production samples or ship date changes made after the order is in production.
Patches Co. is ONLY responsible for delays resulting in late delivery to the shipping carrier.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers, and suppliers. All information submitted by an end-user customer pursuant to a Program is proprietary information of Patches Co. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-WAIVER
Failure of the Patches Co. to insist upon strict performance of any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions, and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of the USA, without any reference to conflict-of-laws principles.
Any dispute, controversy, or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Illinois, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Patches Co. will always give 100% to make sure we deliver in time for your event. Patches Co. will NOT be responsible for delays caused by:
CUSTOMS - Our products are hand-manufactured and imported. Customs (the US and other countries) from time to time inspect international shipments at random. If your products are held for a customs inspection, we will not be responsible for any delays.
SHIPPING - Because our products are imported, we can not be held responsible for delays incurred AFTER we have given the products to our international shipping carrier. Weather, War, Changes in international shipping laws, and carrier delays can all cause your order to arrive late. Please give yourself enough time for production and shipping your product. Patches Co. will not be responsible for carrier and shipping delays.
CHANGE and additions to your order- Patches Co. will not be responsible for delays in production caused by the client making changes to the design, adding additional quantity, or requests for pre-production samples or ship date changes made after the order is in production.
Patches Co. is ONLY responsible for delays resulting in late delivery to the shipping carrier.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers, and suppliers. All information submitted by an end-user customer pursuant to a Program is proprietary information of Patches Co. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-WAIVER
Failure of the Patches Co. to insist upon strict performance of any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions, and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of the USA, without any reference to conflict-of-laws principles.
Any dispute, controversy, or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Illinois, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.