TERMS AND CONDITIONS
Please read and review the following terms and conditions of use carefully before using this website.
Exclusive Elements reserves the right to make changes to the website, its content and/or products offered at any time and without notice.
Exclusive Elements reserves the right to change these terms and conditions at any time at its sole discretion.
These Terms and Conditions of Use are binding on all persons that access the website located at: www.exclusiveelementsinc.com without qualifications or exceptions. By entering/using the website, the User agrees to be bound by and shall be deemed to have accepted these Terms and Conditions, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms and Conditions, the User may not enter, view or make use of the website.
TERMS OF PURCHASE
Completion of your order (submitting payment) in any form, but not limited to website, email, written documentation, etc signifies your agreement to abide by and submit to all terms and conditions of ordering as listed below.
All content of this site, including but not limited to text, site design, logos, graphics, icons, images and pictures are the sole property of Exclusive Elements Copyright© 2009, All Rights Reserved. No portion of the information on this website may be reproduced in any form or by any means without prior written consent of Exclusive Elements. All information, content, photographs and materials we offer are the sole property of Exclusive Elements and cannot be duplicated, distributed, or borrowed without the expressed written permission of Exclusive Elements. 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.
WARRANTIES AND DISCLAIMERS
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, our Site disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Exclusive Elements does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Exclusive Elements does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information, Exclusive Elements shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Exclusive Elements shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged. If your credit card or bank account has already been charged for the purchase and your order is canceled, we shall immediately void the transaction or refund to your credit card or bank account account the amount of the order total.
INDEMNIFICATION AND CLAIMS
You agree to indemnify, defend and hold harmless Exclusive Elements and its affiliates from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances shall Exclusive Elements be liable for any direct, indirect, incidental, or consequential damages, including, but not limited to, all bodily damage as a result of the installation and usage, either proper or improper, of our products, and property damage as a result of usage. By purchasing, you agree to release Exclusive Elements of any liability associated with the usage of the aforementioned products and assume full responsibility for the proper usage and all possible results from the usage herein. Every customer assumes these legal responsibilities upon submitting an order either electronically or manually.
As all of our personalized/custom items are made to order, we cannot accept any returns or exchanges and cannot issue any refunds for personalized products once purchased-including order cancellations. By submitting payment, you are agreeing to our no refunds, no return policy for all custom orders. Order discrepancy's must be reported in writing within 48 hours of receipt based on delivery confirmation status, prior to event date and the direct result of gross misrepresentation on our behalf. Described errors including, but not limited to: actual item size/measurement-as based on item final image, color representation or matching (unless prior actual swatch/match provided) and/or fabric texture/material type, image placement error are ineligible for return/refund/replacement. Return/refund of any order discrepancy will be at the sole discretion of Exclusive Elements and unable to be issued in the event that the buyer request is the direct result of any of our terms/conditions as listed within this site.
Non Personalized Items
All return/refund requests must be submitted to Exclusive Elements within 48 hours of receipt based on delivery confirmation status. Items must be returned in their original/sealed packaging and prior to event date. Upon receipt, we will contact you to complete your item return/refund if the item meets the above criteria. Original qualifying free shipping orders are subject to regain shipping fees applied and return shipping is the responsibility of the buyer. Additionally, multiple quantity orders are subject to a re-stocking fee. Custom and/or promotional linen orders are not under any circumstance eligible for return. Because we offer free fabric samples of all of our products, color and/or material discrepancy returns/refunds are not eligible for return or replacement.
Any charged fees set as "rush", "custom" and/or as described as additional fees are completely non-refundable.
We reserve the right to refuse refund/replacement in the event that the discrepancy is not defined as a direct result of negligence or gross misrepresentation on our behalf.
Order return/refund requests (not submitted within 12 hours of confirmation receipt) are ineligible for refund when defined under the following circumstances: event cancellation, insufficient time frame (when event date not previously provided) and/or but not limited to color change request and the like. In the event that we are unable to fulfill your entire order within specified time frame and/or if event date/cancellation not provided in writing within 12 hours, order fulfillment will be processed for completed items to date within reasonable shipping time frame. Refunds for items not completed/back order are processed at the sole discretion of Exclusive Elements.
Payment in full is required for start/completion of any order. We will not process any order in the event your payment/funds have been put on hold, pending status or accrue insufficient funds. In the event that funds have been placed on hold, Exclusive Elements will be unable to complete your order or ship item until the full amount has been reinstated into our account. Insufficient funds accrued from personal check payments, under any circumstance are subject to a $30 insufficient fund fee.
All items purchased through Exclusive Elements are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to our carrier.
We are not responsible for any damages caused through shipping/handling when in direct or indirect fault of the carrier. All items are carefully packaged and meet standard tested"wear and tear" guidelines. If you are concerned, please contact us prior to placing your order to add insurance to protect your loss. Any item marked as "delivered" under Delivery Confirmation status is non negotiable-"Item Not Received" is invalid in the event that your package was marked as delivered. Items must be delivered to the address listed on the PayPal/credit card transaction page or address as written as documented by customer (non PayPal/credit card payment). No refunds or replacements will be issued when marked as delivered. Return to sender and unclaimed packages will be re-attempted up to 1 (one) time at buyer expense and whenever possible with alternate address provided. Additional return to sender/unclaimed returns will be marked "undeliverable" and item will be destroyed. Please note, we do not provide reimbursement/refunds for multiple attempt return to sender or unclaimed packages-valid address and/or signature needed for claim packages are labeled the sole responsibility of the buyer.
Website shipping charges as displayed limited to US (48 + contiguous states) only. All international shipping charges that are above and beyond as determined by Exclusive Elements are the sole responsibility of the buyer-including but not limited to priority or express mail-international. Any custom taxes/duties, etc (including rates not set forth by Exclusive Elements) are assigned under each country's governing authority. Buyer is responsible for any fees accrued through the result of international shipping requests.
We are not responsible for any damages defined as or the direct result of neglect or mistreatment-storage conditions, weather/natural disaster (including humidity, rain, etc), theft or anything caused while not in our possession-see also "SHIPPING" for detailed description. Client acknowledges that all care and handling processes are the sole responsibility of themselves. Please note, we cannot guarantee refund/replacement/reproduction of any item that has been damaged during shipping or is considered product of neglect.
COPYRIGHT & TRADEMARK REPRODUCTION
Buyer assumes all responsibility in requesting and obtaining appropriate and necessary approval for use of all/any images and/or all copyright liability when not under self ownership. In providing images/designs to Exclusive Elements, buyer agrees that all rights regarding reproduction of image have been granted by original/copyright owner. Exclusive Elements assumes no liability in images or designs submitted by buyer when in question of copyright or trademark infringement and/or if approval from original owner has not been obtained.
Exclusive Elements reserves the right to limit quantities, refuse orders, terminate accounts and/or cancel orders at any time and discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful and/or conflicting to the interests of Exclusive Elements.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. These Terms constitute the entire agreement between you and us with respect to our service, and supersede all other communications, written or oral, with regard to our service. Note that any violation of these Terms may result in termination of our service to you.