TERMS AND CONDITIONS
The Legal Details
Welcome! I invite you to look through my website and browse items that were made by me!
Uncapped Creations (“www.UncappedCreations.com”) owns and operates this Website. This governs your relationship with www.UncappedCreations.com (“Uncapped Creations”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms and Conditions"). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes I may have made to the Terms of Service.
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Access to this Website is permitted on a temporary basis, and I reserve the right to withdraw or amend the Services without notice. I will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
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This Website may contain links to other websites (https://htmlcolorcodes.com, https://www.wix.com/about/privacy, https://www.paypal.com/us/webapps/mpp/ua/privacy-full, and https://about.usps.com/who/legal/privacy-policy/full-privacy-policy.htm ), which are not operated by www.UncappedCreations.com (“Uncapped Creations”). Www.UncappedCreations.com(“Uncapped Creations”) has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
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ENTIRE AGREEMENT
The Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.UncappedCreations.com (“Uncapped Creations”).
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PRIVACY POLICY
Our privacy policy, which sets out how we will use your information, can be found at the Policy section. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
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PROHIBITIONS
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.UncappedCreations.com (“Uncapped Creations”) will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
I will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
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INTELLECTUAL PROPERTY, SOFTWARE, AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.UncappedCreations.com (“Uncapped Creations”) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.UncappedCreations.com (“Uncapped Creations”) and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, sell or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
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TERMS OF SALE - ONLINE AND CUSTOM ORDERS
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
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In order to contract with www.UncappedCreations.com (“Uncapped Creations”), you must be over 18 years of age or have permission from a parent/guardian and possess a valid credit or debit card issued by a bank acceptable to us. www.UncappedCreations.com (“Uncapped Creations”) retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign and/or international products and services may fluctuate and be charged according to the current United States Postal Service (“USPS”) shipping rates. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon placing your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Cancellations
I will cancel orders only if goods have been purchased without dispatch.
(e) Refunds
Refunds will be honored for the following circumstances:
(i) Goods arrive damaged, with photographic proof, and are sent back. A free return label will be sent to you via e-mail provided. Once goods have been received and evaluated by me.
(ii) Goods that were sent to the wrong address (wherein I addressed it incorrectly) and they will be arriving late.
(f) Replacements
Replacements can be of equal or lesser value. If of lesser value, a refund will be given for the rest, not including shipping. Replacements will be honored for the following circumstances:
(i) Goods that were sent to the wrong address (wherein I addressed it incorrectly); at no cost.
(ii) Goods that were misspelled incorrectly (wherein I wrote it incorrectly; at no cost.
(iii) Goods arrive damaged and you send back said goods; at no cost.
(g) Shipping
Both U.S and foreign/international shipping is calculated at the current United States Postal Service (“USPS”) shipping rates. Please see [Shipping Policy] for more details.
(h) Previews
Previews of the design are sent with a watermark before design completion. It is sent through e-mail provided, assuming correct. Preview will not be sent again if incorrect e-mail address is provided.
(i) Online Pre-Made designs are shown within 5-7 business days (considered "Processing Time"). You have 24 hours to approve or request changes to the design. If no response or approval, design moves forward with printing. If changes are requested, please expect an extra 5 business days for Processing Time. If changes are requested after print completion, you will be charged an extra $5 as a reprinting fee.
(ii) Custom designs are shown the week prior to the week you are scheduled, the latest, on the Monday of the week you are scheduled. Unlimited request for changes. The number of changes does not affect the amount of time to be shipped. Custom designs are shipped the Friday or Saturday of the week you are scheduled.
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DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.UncappedCreations.com (“Uncapped Creations”), content providers and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
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This does not affect www.UncappedCreations.com (“Uncapped Creations”)'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
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LINKING TO THIS WEBSITE
You may link my home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. I reserve the right to withdraw linking permission without notice.
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Disclaimer as to ownership of trademarks, images of personalities, and third party copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services, and/or locations featured on this Website are in no way associated, linked, or affiliated with www.UncappedCreations.com (“Uncapped Creations”) and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.UncappedCreations.com (“Uncapped Creations”).
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INDEMNITY
You agree to indemnify, defend and hold harmless www.UncappedCreations.com (“Uncapped Creations”), from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
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VARIATION
www.UncappedCreations.com (“Uncapped Creations”) shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
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INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
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COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments via e-mail (uncappedcreations@gmail.com).
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WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.