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Welcome to Rainy Day Color Factory. This document outlines my terms and conditions, privacy policies, shipping and return policies, and other important information regarding your use of my website and services.
Acceptance of Terms
By using my website, you agree to these terms and conditions.
Changes to Terms
I may update these terms from time to time. Changes will be posted on this page.
Contact Information
For any questions, please contact me at [email protected].
Information Collection
I collect personal information solely for the purposes of processing and shipping orders, as well as contacting buyers about their existing orders. I do not contact customers after an order is completed unless it is relevant to a previous purchase. I do not add anyone to mailing lists without their explicit opt-in. An opt-in mailing list option will be available on the checkout page or the Thank You page.
Use of Information
The information collected is used exclusively for processing orders and shipping. I do not use the information for any other purposes.
Data Protection
I prioritize the protection of your data by employing SSL certificates to ensure secure connections and by keeping my site regularly updated. Additional security measures are implemented as needed to safeguard your personal information.
Cookies and Tracking Technologies
I may use cookies and similar tracking technologies to enhance your browsing experience on my website. Cookies are small data files stored on your device that help me understand how you use my site and allow me to improve its functionality. If I implement cookies, you will be informed via a pop-up that allows you to manage your cookie preferences. I may also use tracking technologies, such as pixels, to support advertising and marketing efforts.
Third-Party Services
I use third-party payment processors, such as PayPal, and may use others like Square or Stripe in the future. These processors handle your payment information securely. This information is kept general to accommodate any future changes.
User Rights
Users have the right to access, correct, or delete their personal information. For more details, please contact me at [email protected].
Children’s Privacy
As an e-commerce site, I do not knowingly collect information from children under 13. If it comes to my attention that I have inadvertently collected such information, I will take steps to delete it promptly.
Changes to Privacy Policy
I will notify users of any changes to my privacy policy by posting updates on this page.
Shipping Rates
Shipping rates are calculated based on a base fee plus additional item fees. International shipping costs more and follows the same structure of a base fee plus additional item fees.
Processing Time
I maintain a quick turnaround time, typically shipping orders by the next business day.
Delivery Time
Order Tracking
Tracking information is provided for all orders and can be found in the account section of my website.
Shipping Insurance
Shipping insurance is included for all orders at no additional charge.
Address Accuracy
Customers are responsible for ensuring that their shipping address is accurate. The address provided at checkout is the exact address used on the shipping label.
Lost or Damaged Packages
If your item arrives damaged, please provide a photo of the damage. This helps me learn how to better protect future orders. While it is uncommon, packages can occasionally be lost permanently. I work with the shipping carrier to track down packages and get them to the proper destination. I take responsibility for any errors on my part. However, it is very important for customers to carefully verify the address they enter for shipping.
Return Eligibility
I offer a “no questions asked” return policy. Please notify me within 7 calendar days if you wish to make a return. Personalized items are non-refundable.
Return Process
To initiate a return, please go to the Account section of the website and find the order that was placed to request a return. Contact me if you have any issues with this. [email protected]
Refund Process
Refunds are issued as soon as the item is received back at my studio.
Exchange Policy
Exchanges are handled as two separate transactions: a return and a new purchase. You may choose to wait for the return and refund to be issued before making the new purchase, or you can make the new purchase while the return is still in transit.
Non-returnable Items
Commissioned art and personalized items are not eligible for return. Please ask lots of questions and review the pictures carefully before purchasing.
Return Shipping Costs
Return shipping costs are the responsibility of the buyer. Original shipping fees charged to get the order to the customer are non-refundable.
Accepted Payment Methods
I use PayPal as my payment processor, which allows for various payment options including credit cards and Venmo.
Payment Processing
Payments are processed securely through PayPal.
Currency
All prices are listed in USD (United States Dollars).
Taxes and Duties
The customer is responsible for any applicable taxes and duties.
Copyright
All images and content on this site are copyright Jennifer Comstock.
Use of Content
I retain all copyrights of the artwork. Purchasing artwork does not transfer any licensing rights. The artwork is for personal use only and may not be reproduced, distributed, or used for commercial purposes without explicit permission from Jennifer Comstock.
Prohibited Activities
Users are prohibited from engaging in any activities that violate laws or regulations while using my site. This includes, but is not limited to, fraudulent activities, spamming, and posting harmful or defamatory content. Additionally, my artwork may not be used in any illegal activities, or in ways that promote hate, discrimination, or violence, including but not limited to, displaying the artwork in spaces that support or promote such ideologies.
User Responsibility
Users are responsible for ensuring their use of the site complies with all applicable laws and regulations. Users must also ensure that the information they provide is accurate and truthful.
Disclaimer of Warranties
The site and all content, products, and services available through it are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. I do not warrant that the site will be uninterrupted, secure, or error-free, or that any defects will be corrected.
Limitation of Damages
To the fullest extent permitted by law, Rainy Day Color Factory and Jennifer Comstock shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the site; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the site; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; or (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the site.
Physical Product Disclaimer
While I use best practices in creating and packaging my artwork, I cannot be held liable for any damages or injuries resulting from the improper handling, installation, or use of my products. This includes, but is not limited to, damages or injuries caused by improper hanging, exposure to extreme conditions, or ingestion by children, pets, or others. Customers are responsible for ensuring that artwork is securely and safely displayed.
Jurisdiction
These terms and conditions are governed by and construed in accordance with the laws of the State of Oregon, USA, without regard to its conflict of law principles.
Dispute Resolution
Any disputes arising out of or relating to these terms and conditions, the use of the site, or the purchase of any products from Rainy Day Color Factory shall be resolved through binding arbitration in Oregon, USA. Both parties agree to submit to the personal jurisdiction of the courts located within Oregon for the purpose of litigating any disputes.
Notification of Changes
I will notify users of any changes to these policies by posting updates on this page.
Effective Date
These policies are effective as of June 5, 2024.
For more information or if you have any questions or concerns, please contact me at:
Email: [email protected]
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Popwheel Art, LLC -- © Jennifer Comstock