TERMS AND CONDITIONS OF SERVICE
1. Acceptance of Terms and Conditions of Service. The terms and conditions set forth below will govern any orders placed with The Mug Barn (hereinafter referred to as “we”, “us” or “our”) and shall constitute the final, complete and exclusive agreement between The Mug Barn and you, the customer (hereinafter referred to as “you” or “your”). Any and all new or additional terms, or terms which are contradictory to those set forth below, which may be submitted by you in connection with your order are hereby expressly and completely rejected, and our acceptance of your order is expressly limited to the terms and conditions set forth below. By submitting an order to us, you signify your agreement to these terms and conditions and acknowledge that you have read and understand the same. We reserve the right, in our sole discretion, to change or alter these terms and conditions without notice, but any such changes are alterations will not be retroactive, and the terms and conditions which were in effect at the time that you place your order shall govern that order.
2. Ordering; Cancellation. Order forms can be downloaded from our website or they will be sent to you along with the “sample” mug described in Section 3, below. You are solely responsible for proofreading the order form and making sure that all words and names are spelled correctly and that any artwork is accurately depicted, since we will personalize the mugs exactly as you specify in your order, “AS IS”. Please contact us directly by phone, fax or email for pricing quotes. We reserve the right, in our sole discretion, to refuse any order that is placed and, in the event we exercise our discretion to refuse an order, we will notify you of such refusal.
Due to the “customized” nature of the product, once an order has been placed by you and accepted by us it cannot be cancelled or changed in any way without our express written consent. In the event we consent to a cancellation, you will be invoiced a cancellation fee equal to 15% of the total cost of the order, plus the cost of all labor and materials provided by us in connection with your order through the time you request a cancellation and the cancellation has been approved by us.
3. Artwork; Copyrights and Trademarks. You will need to submit a full color picture, in the form of a tif or jpeg file, of the artwork you would like to have reproduced on your mug. Once we have reviewed the artwork you submit, we will be able to determine the best way to reproduce the logo onto the mug, and also give you a price quote of the cost per mug. In most cases, further communications between you and us will be required in order to discuss the size of the artwork to be reproduced on the mug, its location, etc.
Due to many different factors involved with the screening and firing process, such as thickness of paint, overlapping of colors, and the base color of the mug being used, we do not and cannot guarantee exact color matches with the artwork you submit. We use the closest colors that we stock, and will send a “sample” mug for you to look over and approve before we produce your entire order.
By submitting your artwork to us, you warrant and represent that you are the sole, legal owner of the artwork and any intellectual property rights in the artwork, including but not limited to any copyright, trade or service mark, trade name, logo, portrait, graphic, photograph, picture, illustration, right of publicity or other any other proprietary right, or that you otherwise have lawful permission to use and reproduce the artwork. Further, you warrant and represent that no part of the artwork: (1) violates or infringes upon any common law or statutory right of any person or entity, including but not limited to copyrights, trade or service marks or contract rights; (2) is subject to notice of any such infringement; or (3) is subject to any restriction or right of any kind or nature which would prevent you or us from legally reproducing the artwork.
By submitting your artwork along with your order, you agree to defend, indemnify and hold us free and harmless from any claim, suit, loss, damage or proceeding brought against us which relates or arises out of a claim that any portion of the artwork infringes or constitutes a wrongful use of any copyright, trade or service mark, or any other intellectual property right of any third party.
4. Production Time. A “sample” mug takes approximately 7 to 10 working days to complete, not including shipping. After the “sample” has been approved by you, it will take approximately 7 to 10 more business days, not including shipping, to complete the entire order, depending on the size of the order. Rush orders may be accommodated, for an additional cost, depending on our production schedule and the needs of our other customers.
5. Shipping. All products are shipped via UPS unless otherwise specified. The cost of shipping is an additional charge and will be added to your invoice. We do not insure shipping, and title to the products passes to you upon delivery of the products by us to UPS or other shipper. You may obtain shipping insurance on your order at your expense. Upon your request, we will obtain a tracking number for the shipment. We are not responsible for any breakage, delays in delivery or nondelivery after we deliver the products to the shipper, and you must make any such claims directly to the shipper. We do not and cannot guarantee timely delivery by the shipper.
6. Payment; Late Charges. Payment terms for the order depend on the quantity ordered. Payment for orders of less than 288 pieces is due in full no later than 30 days from the invoice date. Orders of 288 pieces or more require an initial deposit of 50% of the total cost, with the entire remaining balance due and payable in full no later than 30 days from the invoice date. Other payment options may be discussed over the phone and, if approved and accepted by us, will be put into writing and incorporated as part of these terms and conditions. Notwithstanding anything to the contrary stated above, we reserve the right, in our sole discretion, to demand payment in full on any order before starting production.
Any amounts which are not paid in full within 30 days after the invoice date will bear interest at the rate of 1.5% per month, commencing on the date of the invoice and continuing until paid in full. We will assess a $25.00 charge for any check which is returned for nonsufficient funds (“NSF”) or for any other reason. In the event of nonpayment, you promise to pay and are responsible for paying, all reasonable costs of collection incurred by us, including reasonable attorneys' fees, even though suit or action is not filed, and if suit or action is filed, you promise to pay, and are responsible for paying, in addition to costs and disbursements provided by statute, such additional sum as the court may adjudge reasonable as attorneys' fees, both in the trial court and on any appeal and/or in any bankruptcy proceeding.
7. Quality; Replacement and Returns; Disclaimer of Warranties. We specialize in personalized ceramic decoration. We screen print ceramic paint to decals before placing them onto the desired object. They are then fired at 1400 E Fahrenheit. This process is more of an art than a science, so each piece may have slight differences, variations and imperfections which are a normal part of the production process. For example, the logos on some mugs may be placed slightly higher or lower than others, due to the fact that each logo is applied by hand to each mug, or there may be slight variations in color due to the thickness of the paint, the overlapping of colors, or differences in the objects on which the artwork is being applied. These types of slight differences, variations and imperfections are not considered flaws and are not grounds for replacement.
Due to the “customized” nature of the product, once an order has been produced it cannot be restocked or resold. Therefore, we cannot accept mugs or other products for return, nor can we honor any refund requests. We will accept mugs or other products for replacement only if there is a noticeable change in the colors in the artwork within the first 30 days after receipt of the product, or if a clear production error has been made for which we are at fault, such as a misprinting that differs from the specifications contained in your order or a flaw in the reproduced artwork. To file a claim for replacement, you must deliver to us a photo of the defective product along with a written statement explaining the error with sufficient detail to allow us to identify and correct the error.
Since we do not manufacture the blank, undecorated mugs and other products themselves and only personalize them, we are not responsible for the quality of those products in and of themselves and they are being sold to you in their “AS IS” condition.
DISCLAIMER OF WARRANTIES. EXCEPT AS MAY BE EXPRESSLY STATED HEREIN, WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE PRODUCTS ORDERED BY YOU FROM US AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS HEREBY DISCLAIMED BY US. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES, LOSS OR EXPENSE ARISING FROM THE USE OF OR THE INABILITY TO USE THE PRODUCTS FOR ANY PURPOSE WHATSOEVER. IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE PRODUCTS ORDERED FROM US.
8. Handling Ceramics. We recommend that all our products be hand washed with soft cloths to protect the quality of the product over time. We do not recommend washing our products in a dishwasher as it will increase the likelihood of the artwork fading over time.
9. Use of Mugs In Our Advertising. By submitting your order, you grant us permission to use in our advertising, including but not limited to on our website, photographs or other graphic depictions of the products we produce for you as representative examples of the quality of our work.
10. Venue; Governing Law. The terms and conditions set forth herein shall be construed, interpreted and enforced under and in accordance with the laws of the State of Oregon, excluding its conflicts or choice of law rules or principles which might refer to the law of another jurisdiction. By submitting your order to us, you hereby agree to exercise any right or remedy which you may have pursuant to these terms and conditions exclusively in, and hereby submit to the jurisdiction of the State of Oregon, Circuit Court of Jackson County, or the United States District Court located in Medford, Oregon.
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