Terms of Use
Welcome to drakehousegifts.com (the "Site"). Please review the following basic
rules that govern use of the Site (the "Agreement"). Please note that
your use of the Site constitutes your agreement to follow and be bound
by these rules and policies.
Privacy Statement
Drake
House Gifts, LLC is committed to protecting your privacy. We will not
sell or disclose any information that identifies you to a third party
without your prior approval. Drake House Gifts does not sell, trade or
rent your personal information to others.
We utilize encryption and Secure Sockets Layers (SSL) for all personal and credit card information.
You
do not need to provide your credit card information on this site to
complete your purchase. We also accept, checks and money
orders. Additional instructions are provided during the check out
process for these payment options.
We
may use the information we collect to periodically notify you about new
services or special offers we think you'll find valuable. If you would
rather not receive this information, you may send an e-mail to drakehousegifts@aol.com with "unsubscribe" as the subject line.
Shipping
Most
orders are shipped within 1 to 3 business days and received within 5 to
7 business days. Where free shipping is offered, this will be via UPS
Ground Service or USPS Priority Mail within the United States only. You
will receive an e-mail confirming your order and shipping date. Please
contact us if domestic next day delivery is needed so we can ensure the
proper handling of your request.
International shipping
(outside of the United States) is available through the United States
Post Office, consistent with common and customary practices for
international shipments originating from the United States. Free
shipping via UPS Ground is not available for international shipping.
International
shipments will generally incur two charges - one for the USPS shipping
charges and one for the taxes, customs or othe costs incurred during
transit. Drake House Gifts will collect for shipping charges to the
destination country ONLY. We will contact you with an estimate of
the USPS charges; however, taxes and customs costs are not availble
until the shipment arrives in the destination country. With this
in mind, it is the customer's responsibility to pay for all destination
country custom charges and taxes. These fees will be sent
C.O.D. Your shipment can not be released from your country's
customs agents until these fees are paid.
Backorders
A
"backorder" is an item which is temporarily out of stock when ordered,
but which will be available in the near future. Drake House Gifts, LLC
("we", "us", "our") will notify you via e-mail of back orders. If you
wish to cancel or change your order, please indicate so in your
response.
Returns
We
accept returns of non-defective merchandise for store credit or
replacement only. Please contact us within 15 days of your purchase for
instructions on how to return non-defective merchandise.
We
accept returns of defective merchandise for replacement only. Please
contact us within 7 days of receipt of your product for instructions on
how to return defective merchandise. The defective merchandise will be
replaced with the same product, if available, or a substitution may be
offered with similar products of equivalent value.
All returns
must be in the original packaging with proof of purchase from our
store. Return shipping is paid by the customer. Please insure your
shipment and save the receipt as we cannot be responsible for
merchandise lost or damaged during return. Returns made without prior
notification to us may be returned at the customer's expense.
We
will not accept returns of defective merchandise if the defects are
caused by negligence, misuse, accident, any alteration or repair made
after the point of sale or use of the merchandise outside of
environmental or technical specifications.
Pricing
All prices at the Site are quoted in U.S. Dollars.
Product Colors
We attempt to display the colors of products as accurately as possible. The actual colors you see will depend on your monitor.
Disputed Charges
If
you dispute any charges later determined to be a valid, you will be
charged a $25.00 fee by us in addition to any costs incurred for
recovery of the valid charge, including, without limitation, legal,
court, travel expenses and any other expenses incurred by us, our
agents or employees.
General Terms Of Site Access
You
use and browse the Site at your sole risk. We are not liable for any
direct or indirect damages arising out of you accessing the Site
whether through infection by a virus or otherwise. You assume full
responsibility for all costs for servicing and repairing any equipment
you use in connection with your use of the Site.
The Site is
presented “As Is”. We use reasonable efforts to include accurate and
up-to-date information, but make no warranties or representations as to
its accuracy and assumes no liability or responsibility for any errors
or omissions in the content on the Site.
Ownership of Site Contents; Downloading
Unless
otherwise noted, all text, images, data, software and other materials
that are part of this Site (collectively, the "Contents"), are
copyrighted works. The Site as a whole is the property of Drake House
Gifts, LLC, our affiliates, partners or licensors and is protected by
United States and International copyright and trademark laws, including
the names of product lines and the manufacturers which are being used
with permission of their respective owner(s) in accordance with fair
use principles. You may download or copy materials displayed on the
Site for your personal use only. No right to title or interest is
transferred as a result of such downloading.
If you make a
Submission, you represent and warrant that you own or otherwise control
all rights to your Submission. You further represent and warrant that
such Submission does not constitute or contain software viruses,
commercial solicitation, chain letters, mass mailings, or any other
form of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise make misleading representations. You
agree to indemnify Drake House Gifts, LLC for all claims and losses
arising from any Submission by you whether such claims or losses are
incurred by you or us.
User Comments, Feedback and Other Submissions
All
comments (feedback, suggestions, ideas, and other Submissions) shall be
and remain the property of Drake House Gifts, LLC. By transmitting or
posting any Submission, you hereby grant us a nonexclusive,
royalty-free, irrevocable, transferable right to use, modify, publish,
sell, assign and display any Submission. You agree that we are free to
use, without restriction and without compensation to you, any ideas,
concepts, know-how, suggestions, or techniques contained in any
Comments you send to the Site for any purpose whatsoever, without
limitation, including developing, manufacturing, distributing and
marketing products.
Links to Other Web Sites and Services
We
do not control the content of any outside web sites, services, or
resources to which this Site may link. We do not necessarily endorse or
sanction such sites.
Acceptance
The
receipt of an e-mail order confirmation does not constitute acceptance
of an order or confirmation of an offer to sell. We reserve the right,
without prior notification, to limit the order quantity on any item
and/or to refuse service to any customer. Verification of information
may be required prior to the acceptance of any order.
Limited Warrantee
We
are an authorized retail dealer only. If we are unable to resolve the
matter of a defective merchandise pursuant to the Return Policy stated
above, then our sole obligation and your sole remedy under this
Warranty shall be for us to take reasonable efforts to contact the
manufacturer/distributor to repair or replace the defective merchandise
pursuant to their Limited Warrantee. This Limited Warrantee can be
viewed in its original form and context at www.reedandbarton.com.
Indemnification
You
agree to defend, indemnify, and hold Drake House Gifts, LLC as well as
its officers, directors, shareholders, employees and agents harmless
from and against any and all claims, damages, costs, and expenses,
including attorney's fees, arising from or related to your use of the
Site.
Choice of Law and Jurisdiction
This
site is controlled and operated by Drake House Gifts, LLC with its main
office in Manahawkin, New Jersey. This Agreement shall be construed in
accordance with the laws of the State of New Jersey, without regard to
any conflict of law provisions. Any dispute shall be resolved in a
venue selected by Drake House Gifts, LLC at its sole discretion. You
hereby expressly consent to the jurisdiction of, and waive any
objection to venue.
Termination
This
Agreement is effective unless and until terminated by either you or
Drake House Gifts, LLC. You may terminate this Agreement at any time.
We may also terminate this Agreement at any time and may do so
immediately without notice, and accordingly deny you access to the Site
at our sole discretion.
Upon termination of this Agreement by
either you or us, you must promptly destroy all materials downloaded or
otherwise obtained from this Site, as well as all copies of such
materials, whether made under the terms of this Agreement or otherwise.
Modifications
Drake
House Gifts, LLC may from time to time change the policies for using
the Site which will be posted here in the Terms of Use. Your use of the
Site following any such change constitutes your agreement to follow and
be bound by these changes.
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