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TERMS AND CONDITIONS

  1. Intellectual Property
  1. All art, text, and web content are the property of IMAGINISTE and protected by US copyright and trademark legislation. All rights reserved.
  2. You may not remove any trademark, copyright, or other notice from any of IMAGINISTE art, text, or website content.
  3. You may not reproduce, distribute, display, publish, modify, create derivative works from, participate in the transfer or sale of, or in any way exploit in any format whatsoever, any of the art, text, or website content owned by IMAGINISTE, without prior written consent.
  4. Purchase or possession of any original artwork, print, product, or digital artwork, does not in any way transfer any of the copyrights or associated licensing rights; this includes all samples and free gifts.
  5. To purchase commercial licensing rights please email us for permission at licensing@imaginiste.com.
  6. Limited non-commercial sharing on a blog, website, or social media site such as Instagram, Pinterest, Tumblr, or Facebook is allowed, on the condition that it include both the credit © IMAGINISTE or Image Copyrighted by Imaginiste and a link back to the original page as found on the website, http://www.imaginiste.com.
  7. We have made every attempt to assure that the copyrights, licenses, and rights to publicity of others have not been infringed upon. If you feel we have made a misstep, please alert us at hello@imaginiste.com
  8. If you send any ideas, comments, suggestions, etc., you agree that we can use, or not use, the above in any way we deem appropriate. We will have no obligation to respond to you, compensate you, or keep the material in confidence. By submitting ideas, etc., you acknowledge that artistic coincidences occur and you claim no ownership or rights to anything that IMAGINISTE has created in the past or will create in the future.
  1. Accounts and Subscriptions
  1. If you have created an account, you agree that all information is accurate and up-to-date. Any information and email address you supply must be your own.
  2. If you have created a wholesale account, you agree that all information is accurate and up-to-date. Any information and email address you supply must be that of your business. It is not permitted to use a wholesale account and its privileges for personal use.
  3. We do our best to keep your information secure from hackers, but if your information is illegally obtained we will let you know immediately and inform you of any efforts on our part to rectify the situation.
  4. You may unsubscribe from our newsletter at any time by clicking on the unsubscribe link included at the bottom of the email.
  1. Purchases
  1. By purchasing on our site, you agree to be financially responsible for all purchases made by you, and/or someone acting on your behalf.
  2. We use a secure third-party shopping cart through Shopify and PayPal to process payment and have access to your name, address, and email, but we do not at any point have access to your credit card information. If you choose to save your credit card information on this website, only Shopify and/or PayPal can see it.
  3. Purchases made in person, over the phone, or via email will be processed with PayPal, Stripe, or Square, depending on the convenience of both parties.
  1. Order Confirmation
  1. We will send an order confirmation email after you place an order with product details and/or delivery information. If any information in the order confirmation is incorrect, please notify us immediately.
  2. If the address you have provided with your order is incorrect, you have 24 hours to contact us to make the change. After 24 hours, we cannot guarantee delivery to the changed address.
  3. Please check your SPAM folder: we are not responsible if emails sent in connection with your order are delivered to your SPAM folder instead of your Inbox.
  1. Order Fulfillment
  1. We aim to have your orders with you as soon as possible. All orders ship from Northern California. Most individual orders ship in 2-5 business days. Most bulk orders ship in 1-2 weeks. Most wholesale orders ship in 1-2 weeks. Most custom designs are ready in 2-3 weeks. These durations will be specified at checkout. International customers, please allow 2-3 weeks for arrival.
  2. Orders ship USPS: First Class packages will not have tracking; Priority Mail packages will have tracking; First Class and Priority Mail International packages will have tracking at least within the US, but we cannot guarantee tracking of international packages once they leave the US.
  3. Our fulfillment times are, however, dependent on those of our printers and suppliers. If there is a significant delay, we will notify you immediately. If there is an unnotified significant delay, we will cover expedited shipping to make sure the order arrives on time. If there is an unnotified significant delay and the order still does not arrive on time, you will be entitled to a) a 10% discount or b) a full refund upon return of the order.
  4. If you require an order by a specific date earlier than the date specified at checkout, please let us know immediately and we will do our best to make sure your order arrives in time. Rushed orders may be subject to an additional design or handling charge and/or to expedited shipping rates.
  1. Product Descriptions and Substitutions
  1. We do our best to describe and photograph our products as accurately as possible, but errors can occur.
  2. Colors are difficult to reproduce from printed matter to photograph to our website to your computer, tablet, or phone screen. As a result, variations in color shade are possible.
  3. Our site may not be entirely error-free or up-to-date. We reserve the right to correct our errors in pricing, description, or anything else on our website or social media channels without notice at any time.
  4. We reserve the right to modify or discontinue our products and associated prices and shipping costs, without notice at any time.
  5. We reserve the right to refuse or cancel an order with an incorrect price or shipping cost listing.
  6. Occasionally we, or our suppliers, change our materials (paper, cardstock, ink, envelopes, tassels, the color of tassels, the color of string, etc.). Whenever possible, substituted materials will be of equal or greater quality. By purchasing our products, you agree to abide by any substitutions of equal or greater value we deem appropriate to fulfill your order in accordance with our high standards of quality.
  1. Shipping
  1. You will receive a tracking notice and delivery date estimate in your confirmation email.
  2. We generally ship with USPS, but some orders ship UPS, FedEx, and DHL.
  3. We are not responsible for any VAT or other customs fees, additional shipping costs, etc., for international orders.
  4. Our responsibility is to mail an order within a specified period of time; any delays caused by the shipping service are not our responsibility. If a package is lost in the mail and has not arrived or been returned after 8 weeks you will receive a full refund. If a package is marked delivered by USPS but you have not seen it, it will nevertheless be considered as delivered and you will not be entitled to a refund. If an international package is lost before it leaves the US, it is our responsibility and you will be entitled to a refund; if it is lost after it leaves the US, it is no longer our responsibility and you will not be entitled to a refund.
  5. If an order arrives damaged, please take a photo of the box BEFORE it is opened, appropriate photos of the box AS it is being opened, as well as photos of the damaged order itself. Send all information and photos, along with a request for a refund OR order replacement, within 7 days to orders@imaginiste.com. Whether or not the damaged goods will be returned or not will be judged on a case-by-case basis.
  1. Cancellations, Returns, and Refunds
  1. Imaginiste has the exclusive right to deny service for any reason whatsoever and without the obligation to explain why. If service is denied and payment has been issued, a refund will be provided in full.
  2. All cancellations requested within 24 hours of order placement will be honored.
  3. Due to the fragile nature of paper products, we do not offer returns, exchanges, or refunds on orders, except in the case of damaged or unnotified and significantly delayed delivery (see above).
  4. If you are entitled to a return, exchange, or refund due to damaged or unnotified, significantly delayed delivery, we shall email you a prepaid return mailing sticker; please use the original packaging, unless it has been damaged. If the packaging has been damaged but the product is intact, we will arrange for new packing materials for the return.
  5. All sale of downloadable digital files if final because they include irrevocable access.
  6. Commissioned illustration sales are final, and subject to the individual contracts they were commissioned under.
  7. If we have made a mistake with your order, please notify us within 7 days and we will rectify he situation as soon as possible.
  1. Limitations of Liability
  1. IMAGINISTE products are not toys and are not intended for use by small children. You are responsible for judging the ability of the person interacting with the products, and you are liable for any injuries caused by interacting with the products. Use only as recommended and instructed.
  2. By visiting our site and social media channels, or by purchasing our products, you agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site and social medial channels, or the purchase and/or use of the products.
  3. IMAGINISTE is not liable for damages in connection with a) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; b) any loss of revenue, anticipated profits, or business; c) third=party theft, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
  4. The foregoing applies even if IMAGINISTE has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall IMAGINISTE’s cumulative liability to you exceed the total purchase price of the Service you have purchased from IMAGINISTE, and if no purchase has been made by you IMAGINISTE’s cumulative liability to you shall not exceed $100.
  5. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising our of any breach by you of any of these Terms and Conditions, or any use by you of the site or products. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
  1. Violation of Our Terms or Policies
  1. You may use the site and products for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose.
  1. Mediation and Litigation
  1. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in the State of California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the State of California.
  2. The parties agree to attempt to resolve any dispute, claim, or controversy arising our of or relating to this Agreement by mediation, which shall be conducted under the then-current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute-resolution procedures.
  3. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
  4. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
  5. These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
  6. All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

IMAGINISTE

624 Sunnyside Road

Saint Helena, CA 94574

  1. Updates
  1. These Terms and Conditions will be periodically reviewed and updated. We may at ant time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the site of products by you after being notified means you accept these amendments. We reserve the right to update any portion of our site, including these Terms and Conditions, at any time. We will post the most recent version to the site and list the effective date. The last update was: February 12, 2019, and is the current effective date of these Terms and Conditions.