EARTHSTAMP® TERMS AND CONDITIONS

EARTHSTAMP® TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY. THE TERMS AND CONDITIONS OF PRODUCT SALES AND SERVICE PROJECTS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

1.  Order Acceptance: These Terms and Conditions constitute a binding contract between Customer and EARTHSTAMP® and are referred to herein as either "Terms and Conditions" or this "Agreement". Customer accepts these Terms and Conditions by making a purchase from or placing an order with EARTHSTAMP® or shopping on EARTHSTAMP® Website (the "Site") or otherwise requesting products (the "Products") or engaging EARTHSTAMP® to perform or procure design services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on the Site at the time Customer places an order or requests design services will govern the order in question, unless otherwise agreed in writing by EARTHSTAMP® and Customer. These Terms and Conditions will supersede any agreement or document, including terms and conditions that are part of a purchase order or other document sent to EARTHSTAMP® by the Customer. By submitting an order, Customer is deemed to have accepted these terms.

2.  Design Services:  EARTHSTAMP® offers stamp design services to its Customers. EARTHSTAMP® products are designed at the instruction of and to specifications provided by Customer. Customer will be supplied one proof of design to review and approve free of charge. Additional proofs are available at Customer’s request for $25.00 each. EARTHSTAMP® reserves the right to imprint content in the border of each stamp, including but not limited to its name.

3.  Order Submission:  Design files may be submitted in various formats; however, JPEG or Photoshop formats are preferred. EARTHSTAMP® shall from time to time establish design standards and specifications that shall supplement the terms and conditions herein. For questions or clarifications regarding formatting or a copy of the design standards, or services provided, contact our design center at design@earthstamp.com.  Once an order is submitted, Customer is bound by these terms and by any other terms  that may be conveyed to Customer by EARTHSTAMP® prior to EARTHSTAMP®’s acceptance of the order.

4. 
Product: There may be some imperfections in each imprint. Air bubbles in the product are normal. EARTHSTAMP® does not provide imprinting services and accordingly does not warrant perfect imprints. EARTHSTAMP® reserves the right to include content in the border of each stamp, including but not limited to its name.

5.  Shipping: Customer shall be responsible for all shipping charges resulting from each order, including any returns. EARTHSTAMP® is not liable for any loss or damage during the course of shipment. This includes accidents, theft, vandalism, labor difficulties or disputes, weather extremes, other acts of nature or other circumstances beyond the control of EARTHSTAMP®.

6. 
Applicable Law Disclaimer: EARTHSTAMP® does not warrant the applicability of any local, state, or federal law to the use of EARTHSTAMP® products. It shall be the Customer’s sole responsibility to ensure that the use of any EARTHSTAMP® product complies with and is not in violation of any applicable local, state or federal law, including but not limited obtaining any applicable permits that may be required.

7.  Pricing: EARTHSTAMP® reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to product availability and the availability of personnel to perform the services. Therefore, EARTHSTAMP® cannot guarantee that it will be able to fulfill Customer’s orders.

8.  Sales Tax: EARTHSTAMP® will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchase order is received, the new tax rate in effect at the time of shipment will apply. We will only charge tax in states where taxes apply. No customers are eligible for tax exemptions for transactions made from EARTHSTAMP®.

9.  Payment Terms: Payment is due upon placement of order. Orders shall not be processed until receipt of payment. Payment in form of the following are accepted: VISA, Mastercard, American Express, Money Order, and other means by approval of EARTHSTAMP®. Should Customer elect to pay by credit card, Customer agrees to be bound by the Terms and Conditions set forth by the Merchant Account processor.

10.  Returns. Because of the specialty nature of these products, returns shall not be accepted after production of the product. Prior to the production of the product, refunds may be made; however, there shall be a $25.00 processing fee for each cancellation.

11.  Product Use Limitations:  EARTHSTAMP® products are intended to be used for imprints in soft surfaces, such as sand, snow, or soft dirt. EARTHSTAMP® offers no warranty for stamps used in any other forum, or contrary to the instructions provided with EARTHSTAMP® products.  EARTHSTAMP® is not liable for misuse of any product. Customer takes all responsibility for confirming the appropriateness of the products for Customer’s intended use. EARTHSTAMP® assumes that Customer has all rights necessary for the design and use of the EARTHSTAMP® products as they are pursuant to Customer’s specifications and makes no claims or inquiries as to such rights. Customer agrees to indemnify and hold harmless EARTHSTAMP® against any claims or damages relating to the failure to have sufficient rights.

12.  Right to Use:  EARTHSTAMP®reserves the right to use any and all product images, including images of those products ordered by the Customer, in its marketing, promotions and advertising material, including but not limited to web media, print media, and video marketing.  By submitting this Order and accepting these Terms and Conditions, the Customer hereby agrees to allow EARTHSTAMP® to use images of the Customer’s product and its imprint in any said marketing, promotion or advertising material.

13.  Limited Liability: EARTHSTAMP®’s sole liability in the event that a product does not conform to the Customer’s specification, is limited to either replacement of the product or refund of the purchase price, at EARTHSTAMP®’s discretion. EARTHSTAMP® is not liable for property damage, personal injury or economic loss caused by the product. Notwithstanding anything to the contrary in these terms and conditions, EARTHSTAMP® makes no representations or warranties with respect to any materials provided by Customer for use with the products or as to the performance of the products when used with such materials.

14.  Proprietary: The design and materials used in the production of stamps is proprietary to EARTHSTAMP®.

15.  Governing Law:
THESE TERMS AND CONDITIONS, ANY DESIGN REQUEST, THE SERVICES HEREUNDER AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF IDAHO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN LATAH COUNTY, STATE OF IDAHO, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided Customer under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.

16.  Information on the Website:  While every effort is made to update the information contained on this website, neither EARTHSTAMP® nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. EARTHSTAMP® reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know by emailing info@earthstamp.com.


If you have any questions regarding these Terms and Conditions, please contact us at 1-208-274-2970 or via email at info@earthstamp.com.

EARTHSTAMP® is a registered trademark of Earthstamp, Inc., an Idaho corporation. All Rights Reserved.