Terms of Use
Terms and Conditions including Delivery, Return, Refund and
Cancellation Policy.
The terms laid out below govern the relationship between you as
user and His Marvelous Works. The website and the services
provided through the website, can only be used if you agree to
these terms.
Purchase Terms
These purchase terms ("Purchase Terms") comprise a binding
contract between you as a user and His Marvelous Works website
for the purchase of photographic prints created and supplied by
Donna Faehling.
Please read these Purchase Terms carefully because they form a
legal document. By submitting an order to His Marvelous Works,
you agree to be bound with His Marvelous Works by these Purchase
Terms. If you do not wish to accept these Purchase Terms, you
should not submit an order.
Ordering
You can place your order for any of our products on this
secure web site, by e-mail, U.S. Mail, or via phone at
1-479-410-9393. Our hours of operation are 9:00 am to 5 pm.
Monday thru Friday. Of course the web site, and e-mail are up
and running 24 hours a day 7 days a week.
Payment
The price payable for photographic prints must be paid in
advance by:
a) PayPal
PayPal retains the right to check with your card provider and/or
any credit reference agency or bank to confirm whether or not
you are able to pay the Purchase Price. Both His Marvelous Works
and PayPal maintain the right to refuse your order at their
discretion. Your credit card will be billed upon placing your
order.
Please be sure to provide
your exact billing address and telephone number (i.e. the
address and phone number your credit card bank has on file for
you). Incorrect information will cause a delay in processing
your order. Just enter your credit card information on the
online order form.
b) Money Orders, Cashier’s
Checks, Company Checks, and Personal Checks
His Marvelous Works accepts money orders, cashier's checks,
personal checks, and company checks in U.S. Dollars only. Orders
paid for by personal check will be held until the check clears
our bank. Orders paid for by money order, cashier's check or
company check will be processed when payment is received. We
will charge a $25 fee on all returned checks.
Binding Contract
These Purchase Terms will not form a binding contract
between you and His Marvelous Works for the purchase and supply
of the Prints, until the following conditions have been met:
a. You have submitted an
offer to buy certain Prints ('Order') using the order facility
provided; and
b. PayPal notifies you by
e-mail that your order for prints has been accepted and payment
for the prints are confirmed. You must provide PayPal with a
bona fide e-mail address in order for their order confirmation
by reply. This should be immediate after payment.
Shipping Policy
Orders are not shipped on Saturday, Sunday or regular US
Holidays.
We cannot guarantee when an order will arrive. Consider any
shipping or transit time offered to you by His Marvelous Works
or other parties only as an estimate. We encourage you to order
in a timely fashion to avoid delays caused by shipping or
product availability.
All orders will receive an
emailed confirmation before shipment.
Shipping
All merchandise is shipped via US Mail unless otherwise
requested. Shipping charges are added on your order request as
listed. UPS 3-Day Select, 2nd Day Air, or Next Day Air are
available for rush shipments. (Additional charges apply). We
strive to ship in stock orders within 3 days of receipt and
should arrive within 5 to 10 days. If we are out of an item you
order, or it is a special order item, we will advise you via
e-mail or phone as to the expected ship date. The time of
delivery is an estimate only and His Marvelous Works shall not
be liable for any late delivery of the Photo Prints or any
consequential loss or damage caused as a result.
Back Orders
All orders are shipped complete if possible. When we are
temporarily out of stock on any item, we will advise you, then
back-order that item, and ship it as soon as it is in.
Damages
Report damaged cartons to the carrier at once, not to His
Marvelous Works.
Shortages or Errors
Claims for shortages or shipping errors must be made within
7 business days from the date of receipt of the merchandise.
Returns
In the event that the prints are damaged or defective when
you receive them, or do not match the description specified in
the service, you will be entitled to return the prints to His
Marvelous Works within 15 days of receipt and must be authorized
by His Marvelous Works before return. In those circumstances,
His Marvelous Works will either reprint the photographs or
provide a full refund of the purchase price together with the
return postage and packing.
In the event that you
return any prints to His Marvelous Works which are deemed by His
Marvelous Works to be not faulty, then His Marvelous Works
reserves the right to return the prints to you and to claim the
cost of return postage from you.
Return Guidelines
Items must be in NEW condition, and in original packaging.
Items must be sent by pre-paid postage. Any "postage due"
package will be refused.
Enclose a copy of the original invoice, and note whether you
would like a credit or exchange.
Send all returns to: His Marvelous Works, P.O. Box 7313, Van
Buren, AR 72956.
E-Mail questions or comments to
CustomerService@HisMarvelousWorks.com
Loss or Damage
His Marvelous Works will not be held responsible for any
consequential loss or damage, howsoever arising, as a result of
delivery negligence or error. His Marvelous Works will endeavor
to recoup costs with your support, in whatever cost is
recoverable through compensation claims from the Shipping
handler.
Duration of Purchase Terms
and Termination
These Purchase Terms are binding upon you immediately you accept
them by placing an order and they will remain in force until
both parties have performed their obligations under these
Purchase Terms or either party breaches its obligations under
these Purchase Terms.
Termination shall not
prejudice or affect any consumers rights.
Security
His Marvelous Works reserve the right to commercially
reasonable endeavors to prevent breaches of security of the
service, including fraudulent use of the website or the payment
service provided by PayPal when you submit an order.
Display
Prints cannot be guaranteed to match the color, contrast or
brightness of your monitor display. All monitors render color,
contrast and brightness differently.
Print Size
All print sizes quoted are to enable suitable mounting to
fit Matte size supplied.
Prices and Taxes
His Marvelous Works shall not be liable for any customs,
import duties or other taxes, which may be imposed on you by any
relevant taxing authority. You are responsible for any such
taxes.
His Marvelous Works shall
automatically charge and withhold the applicable sales tax for
orders to be delivered to addresses within Arkansas. For orders
shipped to other states, you are solely responsible for all
sales taxes or other taxes, if applicable.
Once an order has been
placed, and payment made, His Marvelous Works cannot enter into
any correspondence or dialogue regarding your tax issues.
Personal Use
You confirm that all prints purchased from His Marvelous
Works are purchased strictly for your own personal use. If you
wish to use any picture for any other purpose, you agree to
contact Donna Faehling to negotiate terms.
Copyright
You acknowledge and accept that all copyright, trademarks
and all other intellectual property rights in any part of the
service or any material supplied as part of the service belongs
to Donna Faehling. This means you are not permitted to copy or
reproduce images digitally or otherwise, from the website or
purchased print. You agree not to remove any copyright,
trademark or any other intellectual property notices contained
in the website material and/or from any prints purchased through
the service.
Indemnify
You agree to indemnify His Marvelous Works against any
claims, costs, expenses or legal proceedings caused as a result
of your use of the website service, including viruses or
computer problems experienced which result from using the His
Marvelous Works or PayPal websites.
Privacy
Personal data provided to His Marvelous Works through this
website will only be used in accordance with our Privacy Policy.
Please read through this carefully before proceeding. By
providing your personal data you are consenting to its use in
accordance with the privacy policy.
Operation of the web site
His Marvelous Works may at its discretion change the format
and content of the website, or any products or services offered,
at any time without notice.
Terminate Service
His Marvelous Works may suspend or terminate the operation
of this website, or suspend or terminate provision of any
products or services offered, for support, maintenance work, in
order to update the content or for any other reason. His
Marvelous Works may do this at any time and without notice.
Limitation of Liability
Neither the company, nor its officers, directors, employees,
agents, successors, subsidiaries, distributors, affiliates or
third parties providing information on this site are responsible
or liable for any special, incidental, consequential, punitive
or other indirect damages that result from the use of, or the
inability to use, this site or the information contained on this
site, even if company (or any third party posting information on
this site) has been advised of the possibility of such damages.
In no event shall company's total liability (or the total
liability of any third party providing information on this site)
to you for all damages, losses, and causes of action resulting
from your use of this site, whether in contract, tort
(including, but not limited to, negligence) or otherwise, exceed
one dollar (US $1.00).
Not Liable
His Marvelous Works shall not be liable to you, other than
through fraudulent or negligent misrepresentation, for:
a. any economic loss, including without limitation, loss of
revenue, business, contracts, profits or anticipated savings;
b. any loss of goodwill or reputation;
c. any loss of data; or
d. any special, indirect or consequential loss.
Change of Terms
His Marvelous Works reserves the right to add to or change
the terms of these Purchase Terms in its sole discretion without
prior notice. All changes to the Purchase Terms will be
effective once posted on the His Marvelous Works website. His
Marvelous Works will endeavor to provide notice of the changes
to the Purchase Terms, to all customers placing orders within 15
days after posting the amended Purchase Terms on the service.
If you do not agree to be
bound by the amended Purchase Terms, you should exit the service
and not access the service or submit any orders for prints to
His Marvelous Works.
Links
This site may contain links to other sites on the Internet
that are owned and operated by third parties. You acknowledge
that His Marvelous Works is not responsible for the operation of
or content located on or through any such site.
Copyright and Trademark Notice
This site is owned and operated by His Marvelous Works.
Unless otherwise specified, all materials appearing on this
site, including the text, site design, logos, graphics, icons,
and images, as well as the selection, assembly and arrangement
thereof, are the sole property of His Marvelous Works, Copyright
(©) 2006, ALL RIGHTS RESERVED. You may use the content of this
site only for the purpose of shopping on this site or placing an
order on this site and for no other purpose. No materials from
this site may be copied, reproduced, modified, republished,
uploaded, posted, transmitted, or distributed in any form or by
any means without His Marvelous Works prior written permission.
All rights not expressly granted herein are reserved. Any
unauthorized use of the materials appearing on this site may
violate copyright, trademark and other applicable laws and could
result in criminal or civil penalties.
Other Conditions
These Conditions will supersede any terms and/or conditions
you include with any purchase order, regardless of whether His
Marvelous Works signs them or not. His Marvelous Works reserves
the right to make changes to this site and these Conditions at
any time.
Rev. 3/21/2006
HisMarvelousWorks.com
takes our customers' personal privacy seriously. Please read the
following to learn more about our Privacy Policy.
What this Privacy
Policy Covers
This Privacy Policy covers HisMarvelousWorks.com treatment of
personally identifiable information that it collects when you
are on the His Marvelous Work's website and when you use our
services.
Information Collection
As you browse HisMarvelousWorks.com, personal information -
such as your name, address, phone number or e-mail address - is
not collected. HisMarvelousWorks.com does, however, use
"cookies" to collect information about how our website is used.
Information, such as the server your computer is logged onto,
your browser type (for example, Netscape or Internet Explorer)
and the pages you view/request are automatically collected and
tracked in aggregate.
Information Use
HisMarvelousWorks.com may use information you have given us
to provide a service, or measure guest interest in new products
we offer and inform you about. Occasionally, we email our
customers to let them know about new products, offers,
promotions, and anything else we think might be of interest
(unless you don't want us to, in which case just let us know and
we won't). You can opt-out from receiving e-mail offers from
HisMarvelousWorks.com by sending an e-mail with your name and
e-mail address to
Remove@HisMarvelousWorks.com.
Information Sharing and
Disclosure
Please note that HisMarvelousWorks.com will not sell, rent
or provide your e-mail address or your personally identifiable
information to anyone.
Changes to this Privacy
Policy
HisMarvelousWorks.com may amend this Privacy Policy from
time to time. If we make any substantial changes in the way we
use your personal information we will notify you by posting a
prominent announcement on our website.
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