Return and Refund Policy

mmmem  eeTHE RUSTIC ORCA CRAFTING COMPANY'S TERMS AND CONDITIONS OF SERVICE

Updated 6/30/2024

OVERVIEW

This website is operated by The Rustic Orca Crafting Company. Throughout the site, the terms, “I”, “me”, “my” and “myself” refer to The Rustic Orca Crafting Company. The Rustic Orca offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting my site and/or purchasing something from me, you engage in my “service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Service apply to all users of the site, including without limitation users who are browsers, partners, customers and merchants.

Please read these Terms and Conditions of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access my website or use any of my services. 

Any new features, tools or products which are added to the current store shall also be subject to the Terms and Conditions of Service. You can review the most current version of the Terms and Conditions of Service at any time on this page. I reserve the right to update, change or replace any part of these Terms and Conditions of Service by posting updates and/or changes to my website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

My store is hosted by GoDaddy. They provide me with the online e-commerce platform that allows me to sell my products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms and Conditions of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use my products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including by not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

I reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service(s) and/or Product(s), use of the Service(s)/Product(s), or access to the Service(s)/Product(s) or any contact on the website through which the service(s)/product(s) is provided, without express written permission by me.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices of my products are subject to change without notice.

I reserve the right at any time to modify or discontinue a product or service (or any part or content thereof) without notice at any time.

I shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service(s)/Product(s).

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return according to my Return and Refund Policy.

I have made every effort to display as accurately as possible the colors and images of my products that appear at the store. I cannot guarantee that your computer monitor's, or phone screen’s display of any color will be accurate.

I reserve the right, but am not obligated, to limit the sales of my products or Services to any person, geographic region or jurisdiction. I may exercise this right to limit the quantities of any products or services that I offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of myself. I reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

I reserve the right to refuse any personalized order you place with me. I may, in my sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that I make a change to or cancel an order, I will attempt to notify you by contacting the email and/or phone number provided at the time the order was placed. I reserve the right to limit or prohibit orders that, in my sole judgement, appear to be placed by dealers, resellers or distributers.

You agree to provide current, complete and accurate purchase and account information for all purchases made at my store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS

I may provide you with access to third-party tools over which I neither monitor nor have control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

I may also, in the future, offer new services, features and/or products through the website (including the release of new tools and resources). Such new services, features, and/or products shall also be subject to these Terms and Conditions of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with me. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at my request, you send certain specific submissions or without a request from me send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively “comments”), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to me. I am and shall be under no obligations (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments.

I may, but have no obligation to, monitor, edit or remove content that I determine in my sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead me or third-parties as to the origin of any comments. You are solely responsible to any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your voluntary submission of personal information through the online store is governed by my privacy policy. 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on my site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

I undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules or local ordinances; (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other types of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. I reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

I do not guarantee, represent or warrant that your use of my service will be uninterrupted, timely, secure or error-free.

I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time I may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by me) provided ‘as is’ as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable, quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Rustic Orca Crafting Company, employees or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

IDEMNIFICATION

You agree to indemnify, defend and hold harmless The Rustic Orca Crafting Company and our partners, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms and Conditions of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions of Service are effective unless and until terminated by either you or me. You may terminate these Terms and Conditions of Service at any time by notifying me that you no longer wish to use my Services, or when you cease using my site.

If in my sole judgement you fail, or I suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly my deny you access to my Services (or any part thereof).

SHIPPING POLICY

I make every effort to ship orders within 14 days of receiving payment; however, larger orders may take longer. I rely on USPS for order delivery within the United States, which sometimes suffers delays that are outside of my control. Although most orders should be delivered via USPS Ground Advantage within 3-5 business days of your order being completed/filled, I ask that customers wait at least 10 business days prior to requesting a complementary replacement order.

ENTIRE AGREEMENT

The failure of me to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.

These Terms and Conditions of Service and any policies or operating rules posted by myself on this site or in respect to The Service constitutes the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms and Conditions of Service).

Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms and Conditions of Service and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the laws of Vancouver, WA 98684, United States.

CHANGES TO TERMS AND CONDITIONS OF SERVICE

You can review the most current version of the Terms and Conditions of Service at any time at this page.

I reserve the right, at my sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. Your continued use of or access to my website or the Service following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms and Conditions of Service should be sent to me at therusticorca@gmail.com.