Terms & Conditions
Stacey's Customer Agreement
This Agreement ("Agreement") is an agreement between you and Stacey's Personalized Gifts ("Stacey's") that states the terms and conditions under which you may use the Site and receive Stacey's orders, which includes processing and delivery of product orders. Your use of Stacey's ordering service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, please do not use the Site or Stacey's ordering service. If you have any questions about this Agreement or the Site please send us an e-mail.
Order Policies
Placing Orders: Orders may be placed online through our secure website, via phone, by fax, or via US Mail. If ordering by US Mail, please send the order form along with payment information (or check or money order) to Stacey's; PO Box 10; St. Thomas, ND 58276. Please be sure to include your phone number, e-mail address, mailing address, and shipping address so that we can contact you with any questions.
Process Time: Orders are filled in the order they are received and will not ship until payment has been received by Stacey's. Stacey's reserves the right to hold orders for up to two weeks or as otherwise necessary to verify money orders and checks. Once payment has been received, we strive to process all orders within seven (7) business days (Monday-Friday excluding holidays).
Cancellation and Order Change Policy: All sales are final. Once an order has been placed, no cancellations are possible. Similarly, if you wish to add to your order, Stacey's reserves the right to treat any additions as a second order incurring additional shipping charges.
Refund Policy: Because Stacey's products are permanently engraved/etched to customer specifications, there are no returns or refunds. If the customer made a spelling error and wishes to order a replacement, please contact Stacey's to place a "replacement order." If Stacey's did not engrave the lettering as specified by the customer, Stacey's will provide the replacement. Remedies are limited to the purchase price of the product only.
Product Availability: At Stacey's, we maintain high standards in all our processes to assure you the highest quality. If for some reason we are unable to ship all or part of any order, our liability will be limited to those amounts paid under this Agreement.
Shipping Policies
Shipping Method & Costs: All orders will be shipped from North Dakota. All orders are shipped via US Mail or UPS.
International Shipping: International shipping is available for individual orders. Shipping cost is postage plus a small handling fee.
Payment Terms
Form of Payment: To make your ordering as flexible as possible, we accept PayPal, Visa, MasterCard, Discover, check (by US Mail), and money order (by US Mail). For your security, we do not accept payment information via e-mail.
Invalid Payments: Stacey's will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Stacey's reserves the right to collect funds for any uncollected transactions owed to it. You shall be responsible and liable for any costs, including attorneys' costs and collection costs, that Stacey's may incur in its efforts to collect any unpaid balances from you. Your right to use Stacey's Online Ordering Service is subject to limits established by Stacey's and/or by your credit card issuer.
Other Terms & Conditions
Privacy: Your privacy is important to us. We will not share your information with any third party except as required by law or as necessary to complete an order placed by you with us. To respect your privacy, all information collected on this Site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned unless you consent otherwise. Please feel free to call or e-mail with any questions regarding our privacy policy.
Product Information: We make every effort to provide you with accurate information that is complete, reliable, current, and error-free.
Electronic Communications: By providing your e-mail to Stacey's you consent to receive communications from us electronically. Stacey's may send occasional e-mails about changes to its services, surveys, or special offers. If you would like to optout of receiving such e-mails, please send us an e-mail stating that you do not wish to receive promotional communications. If you do opt out you will continue to receive non-promotional communications regarding the status of your orders or your account.
License and Proprietary Rights Copyright & Ownership: All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of or duly licensed to Stacey's. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Stacey's for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Stacey's is strictly prohibited. You acknowledge that Stacey's remains the owner of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Stacey's reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Stacey's.
Trademarks: "Stacey's," "Stacey's Personalized Gifts," Stacey's logo, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Stacey's and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in Stacey's and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or Stacey's.
Site Access: You will provide all equipment and services, and be responsible for all telephone and other charges necessary to access Stacey's and the Site. Please contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on Stacey's Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.
You also acknowledge that from time to time Stacey's or this Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that Stacey's may undertake from time to time; or (3) causes beyond the control of Stacey's or that are not reasonably foreseeable by Stacey's.
User Name & Password: Access to Stacey's orders is accomplished through the use of a user name and a password that will be issued to you upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of Stacey's with your password. You agree to notify Stacey's promptly of any unauthorized use of your password, and you will remain liable for any use of Stacey's until you notify Stacey's of the unauthorized use of your password to the extent permitted by law.
Your Account: You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access Stacey's. You agree and accept responsibility for keeping your account information current, including address, payment information, telephone number, and email address. You can update your account information by contacting us. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Stacey's, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement.
Acceptable Use Policy: You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of Stacey's, which includes, without limitation, use of Stacey's Site to: (1) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (2) disseminate or transmit material that to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (3) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (4) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (5) export, re-export, or permit downloading of any message or content in violation of an export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (6) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on Stacey's Online Ordering Service or any other computer network; (7) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (8) engage in any other activity deemed by Stacey's to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability: You expressly agree that use of Stacey's, the Site, and the internet is entirely at your own risk. Stacey's, the Site, and its contents are provided on an "as is," "as available," basis.
To the extent permitted by applicable law, Stacey's disclaims all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to Stacey's, the Site, or its contents, or with respect to any information, services, and products provided through or in connection with Stacey's online ordering service; Stacey's does not adopt any representation or warranty of any manufacturer or merchant of any such information, services, or products. Stacey's makes no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the Site or Stacey's online ordering services. Stacey's does not warrant that the functions provided by the Site will be uninterrupted or error-free, or that this site or the server that makes it available is free from viruses or other harmful components.
Neither Stacey's nor any of its directors, employees, shareholders, affiliates, agents, representatives, third-party information providers, merchants, or licensors (collectively "Stacey's Parties") shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of date, income, or profit; or loss or damage to property, arising out of or in connection with the use of, or the inability to use, the Site, Stacey's online ordering service, or the internet.
Stacey's liability shall be limited to the purchase price of the product. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of Stacey's online ordering service and to terminate this Agreement. Stacey's reserves the right to limit your order or the quantity of a specific product you may order. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.
The material in the Site is provided for lawful purposes only. Stacey's controls and operates this Site, and uses it for its operations in the state of North Dakota, USA. Stacey's makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.
Indemnification: You agree to defend, indemnify, and hold Stacey's harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's costs and costs arising in connection with a violation of this Agreement by you or through use of your account.
Termination: This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Stacey's may suspend or terminate this Agreement or remove or disable access to any portion of Stacey's at any time for any reason with or without notice to you. You may terminate this Agreement at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day the notice is received or such later date specified in the notice. Stacey's reserves the right to collect costs and charges incurred before you cancel your Agreement. In addition, you are responsible for any charges incurred to third-party vendors.
Notices: Stacey's may give notice to you of a change in this Agreement, a change in Stacey's cost schedule, and any other matter through a general posting on Stacey's Site, by electronic mail, or by conventional mail to your address. You may give notice to Stacey's by electronic mail.
Entire Agreement: This Agreement and any order form submitted to Stacey's represent your entire agreement with Stacey's regarding the use of Stacey's services, products, and Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Stacey's, and any related entity under common control. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Disputes: If any dispute arises under this Agreement, the parties agree that a good-faith attempt to resolve the dispute will be made at a meeting at a neutral site with a neutral third-party mediator. If the parties fail to resolve the dispute through mediation, then the parties agree to submit to a mutually agreed upon arbitrator. In the event the parties cannot agree on the arbitrator, then the arbitrator shall be appointed by the Presiding Judge (Civil) of the Circuit Court of the State of North Dakota for the County of Pembina. The arbitrator shall be governed by the laws of the State of North Dakota and shall be as speedy as reasonably possible. The applicable arbitration rules for the Pembina County courts shall apply unless the parties agree in writing to other rules. The arbitrator shall render a decision within 45 days of the first meeting with the parties. Insofar as the parties legally may do so, they agree to be bound by the decision of the arbitrator. Notwithstanding any dispute under this Agreement, whether before or during arbitration, you agree to make all payments as required by the Agreement for undisputed portions. In any event, you expressly agree that the provisions of this contract shall be construed in accordance with the provisions of the laws of the State of North Dakota, and you further expressly agree to personal jurisdiction by the state and federal courts sitting in the State of North Dakota for any related dispute if such dispute is taken out of or fails to end in arbitration. Any claim or cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries: The provisions of this Agreement are for the benefit of Stacey's Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Stacey's service.
Amendment: Stacey's may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on December 18, 2011.
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