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Terms & Conditions

We may change these terms and conditions from time to time. Changes to the terms and conditions will be effective when you next access our web site after they are posted, or 30 days from the date they are posted, whichever is earlier.

Links to other web sites:

This site may contain links to other sites that are operated by unrelated third parties. We are not responsible for the privacy practices or the content of such Web sites.

Copyrights:

All software, web site design, text, graphics, and the arrangement thereof, is Copyright ©2008-2009 by Shop Handmade. ALL RIGHTS RESERVED. Permission is granted to print portions of this Web site for the sole purpose of placing an order with Shop Handmade. Any other use of materials on this Web site--including reproduction for purposes other than those noted above, modification, distribution, or republication--without the prior written permission of Shop Handmade is strictly prohibited.

Product images are copyrighted by Shop Handmade and may also be copyrighted by the manufacturers of those products or their designers. You may not copy or use these images in any way, except as part of using this web site. Copyrighted images are used on this web site pursuant to 17USC113(c) and no other use is intended.

DMCA Digital Millennium Copyright Act:

If you believe that your copyrighted works are contained on our system and you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, then we want you to know the proper procedure for notifying us. You should send us a written Notice which contains the following:

Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
Information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as a physical address, telephone number, and, if available, an electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, your agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical signature. You must be a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Your Notice to us should be sent to us via a reliable means to "Legal Department - DMCA Compliance" at the address in our Contact Us section. Generally, you should use certified mail or a carrier that provides not only delivery confirmation but that also requires a signature. While you may email us or call us, this does not constitute a proper Notice to us.

Once we receive your Notice we will follow the procedures outlined in this policy and in the DMCA.

Right To Manage:

ShopHandmade reserves the right to manage this web site and service in the way that it deems to be most beneficial to success. You agree that not every circumstance can be anticipated and that ShopHandmade can use its best judgment in managing the ShopHandmade web site and service. You agree that common sense plays an important part of any service of this type, and also that business judgment is important to achieving success. ShopHandmade may exercise broad discretion in establishing, adapting, and selectively applying policies and rules. It is the philosophy of ShopHandmade to not have rigid, black & white published policies but to operate the web site and service adaptively and even to experiment. Therefore not every service, account, policy, or offer may be universally applied or available. It is not a right or expectation that this web site or service is unchanging and uniform, or that rules and policies are blindly implemented for the sheer sake of uniformity. ShopHandmade may choose who may use the web site or services and how those services may be used on a case-by-case basis as long as this does not result in illegal discrimination.

Disclaimer & Limitation:

Shop Handmade IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. Shop Handmade DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Shop Handmade DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. You agree to hold us harmless and to waive any claims you may have against us relating to any products and services you receive from us, to the maximum extent permitted by law.

Except as specifically stated on this site, neither Shop Handmade nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. This limitation also includes your right to collect penalties or fees where we may have been in error, unless such error was malicious or intentional.

Our maximum liability under any circumstance shall be $25, even if the fault was ours and even if we were notified by you of the possibility of greater losses and damages.

Disputed Amounts:

If you dispute any charges we apply to a credit card that you provide us with, you must first attempt to settle this with us and before contacting your credit card company. If we are unable to resolve your complaint within 14 days you may contact your credit card company. However, if you do contact your credit card company and you do not prevail in your complaint, and if a chargeback investigation is initiated, then you agree to pay us a dispute fee of $40 to cover our direct and processing costs relating to the chargeback. This will be charged to your credit card.

Collections:

In the event that you have not paid us for goods or services are considered to be "past due" we shall have the right to assign your account to collection services. In the event this is necessary, you authorize us to disclose all of our records relating to your account, and this information may be shared with credit bureaus and other firms involved with collecting monies due us. In effect, you waive all rights to privacy if it becomes necessary for us to collect monies you owe us.

If you pay us with a check which is dishonored, you agree to pay us a $40 processing fee, in addition to any monies owed. Until you have paid us in full, you grant us the right to post the dishonored check and your information on our web site and elsewhere. You acknowledge that this is a special permission you are granting us and that it exceeds our ordinary legal rights and certain protections you may normally be entitled to.

Litigation:

By accessing this site and using any of its features other than this page, you expressly agree that venue shall be the State of Washington and that Washington State Law shall apply in all cases and for all disputes of every nature that have arisen or may arise between us. You expressly waive all arguments of jurisdictional diversity. Any legal actions prosecuted or instituted by you or Shop Handmade, shall only be brought in a federal or state court of competent jurisdiction in King County or Pierce County, Washington, and each party hereby consents to the jurisdiction and venue of such courts for all such purposes. Shop Handmade shall be entitled to full recovery of its attorney's fees and costs in the event that it shall prevail in any legal action, including efforts to collect amounts due from you. By using this site, you waive any right you may have to collect attorney's fees, penalties, punative damaged, or fines to the maximum extent permitted by law for you to waive such rights. Any failure to enforce any rights under this agreement shall not be deemed to be a waiver.

Other Terms:

Our policies of sales are contained on this web page, which may be supplemented but may not be amended by any newsletters or other documents that we publish. This means that in the event of a conflict between this web page and any other publication of information of ours, this page is the authoritative policy.

We reserve the right to correct errors, change prices, and revise terms and conditions at any time by posting the current information on this web site; no other notice to you of changes shall be required. Any legal notices sent to Shop Handmade shall be addressed to our Legal Department and shall be made only by personal delivery or via USPS, Federal Express, UPS, or DHL (return receipt required as proof of delivery.) You represent that you are at least eighteen (18) years of age, are legally competent to enter into this agreement, have completely read this agreement, and voluntarily accept and agree to its Terms and Conditions.

(Revised October 15, 2008)

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