In plain English: we will replace any favor that is defective for reason of manufacture or an error on our part at our total and complete expense. As for privacy, we never share any private customer information (in aggregate or in the specific) at any time with anyone for any reason unless ordered to do so by a Court of Law.
I. Definitions. This Contract is the entirety of the Agreement. "You" and "Your", in addition to the their standard dictionary definitions, refer to the individual using the PartyFavorSource.com website (hereinafter the "Site" or the "Website"), in any of its parts or functionalities. "Us" and "we" is defined as PartyFavorSource.com, Party Favor Source, its owners, officers, employees, agents, successors, manufacturers, artists, contractors and assigns in whole or in part. "Use" and "using" as occurring herein have, in addition to their standard dictionary definitions, the following meaning: intentional or unintentional appearance of the Website on your browser; a single click of the mouse by you on any page, section or photograph; your browsing the Site in whole or in part; and/or you making a purchase or purchases from the Site including ownership in any locale of our product at any time whether or not under your direct control or supervision; and including the purchase of product gifted to a third party by you or resulting from your purchase. "Use" and "using" are further defined as: any magnitude of interaction, miniscule or great in quantity or frequency of action, by any cause intentional or unintentional, with the Website's products in image or physical form, with the Website itself in whole and/or with any of its component parts, and/or with the Website's functionality in whole or in part.
III. Shipping Policy. In order to offer the lowest possible shipping and handling rates to all of our customers, the cost to ship each item is shown within the text for that item. We feel that it's unfair to generalize the shipping price, hiding these expenses for extra profit within a scale if you happen to order a single or multiple items for express air shipments. Our air shipment rates, where available, are offered on a per item basis at your convenience. All products are shipped by UPS services. We pay for the insurance, and we offer you tracking and shipment information on your site under your login.
IV: Sales Tax. As required by law, sales tax is automatically applied to your order total if your shipping address is within the State of Texas.
V: Our Guarantee and Return Policy. Every item we sell is guaranteed to be 100% free from defects of material and workmanship. While we've never had an item returned for reasons of defect, were we to have a first time, we would replace at our sole discretion the item or piece(s) at our expense swiftly. If you receive an item from us that you believe has some defect, please report it immediately by email, and obtain a Return Authorization number. We do not accept returns of consumable, personalized, or sample items. However, an authorized return requires that all original packaging be maintained and shipped back to us under the specific additional direction of one of our Customer Service Advocates within 30 days of placing your order; please note, a restocking fee may apply.
VI: Changes and Cancellations. Due to the highly personal and special-order nature of all of our products, once placed, your order cannot be altered, changed or cancelled. Please make sure you have the exact spellings, wording and addresses you want us to work with prior to placing your order.
VII. Damaged Goods. We design our packaging to exceed all standards. Statistically speaking, we and our customers are never bothered with damage problems. All of our items have custom foam triple-thick inserts or whatever it takes for us to be sure your items will arrive safely. If for any reason you happen to be the statistical anomaly that receives something from us that was damaged in transit, you must retain all packaging. The courier may be the deciding factor in terms of replacement.
IX. Errata. While we strive to maintain 100% accurate information on this Website, there may be cases where, due to human or technological error errata may appear on the Site or correct information may be missing in whole or in part. We maintain our right to correct any error, whether published or omitted, at any time, including after an order is placed. We will also change, update and/or correct information at any time without notice. And, our customers are welcome to visit the Website at any time to view all available information that we maintain as accurately as possible to the best of our ability and knowledge.
X. Disclaimer of Liability. We make no representations or warranties of any kind, whether express, implied or inferred, with respect to this Website, its content, or the information, graphics, photography or products available on or through it. While we make every effort possible to publish accurate data and to provide safe products, all information is presented "as is", with any and all faults; and all merchandise is presented and delivered "as is" with no warranty as to any particular use or purpose. And, Party Favor Source, and all artists represented, their owners, officers, employees, agents, successors, manufacturers, artists, contractors and assigns, will not be liable for any damages whatsoever arising out of or related to the use of this Website or the products presented at any time on this Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer of any kind, as well as damages for lost profits, business or life interruption, even if we are notified in advance of the potential for any such damages. In using this Website, you agree to indemnify Party Favor Source, its owners, officers, employees, agents, successors, manufacturers, artists, contractors and assigns against any and all cause(s) brought to bear arising out of or related to in any way the use of this Website and/or to its products presented in the past, currently or in the future, including but not limited to: information; photography; product possession, use, handling, or misuse; swallowing; lacerating; dropping, breaking, shattering or exploding; falling off and/or onto; laying, placing or positioning product on top of or coming into contact with any surface causing damage of any kind; direct or indirect consequences for plugging an electrical cord into an outlet; damage to persons, property or livelihood of any kind as a direct or indirect consequence of use of this Website and/or its products regardless of when or the manner in which visual or text information is or was presented on the Website.
XI. Applicable Law and Indemnification. By using this Website, you agree that the laws of the State of Texas, without regard to principles of conflict of laws will govern this Agreement and any dispute of any sort including but not limited to Website use and/or product use or manipulation or application of any kind that might arise between you and this Website, Party Favor Source, The Personalization Source, and all artists represented, their (collectively and individually) owners, officers, employees, agents, successors, manufacturers, artists, contractors and/or assigns. You agree that any dispute relating in any way to your use intentional or otherwise of our Website, its parts and functionalities and/or of products shown on our website without regard to when or how they were presented or acquired shall be submitted to confidential arbitration in Dallas, Texas. Under any action brought against us in whole or in part you agree to appear personally, and you re-affirm your voluntary indemnification of us in any proceeding progressing from your use of our Website and/or products including the willful or unintentional presentation of products, and/or gifting of any of our products to any third party by yourself or another--whether to minor or adult--whether within your immediate control or not, then or now. Further, if your appearance does not occur for any reason whatsoever, you agree to be liable for and indemnify us wholly against any and all outcomes of any arbitration, including any class action or other cause brought against us that may be filed under any jurisdiction whatsoever related in any way to your use, possession of or gifting of our Website and/or products.
XII. Exclusions. If any word, sentence, portion or paragraph of this Agreement is judged as contrary to the laws of the State of Texas and therefore excluded, the judgment shall have no bearing on any and all remaining portions, sentences, or paragraphs of this Agreement all of which you agree remain binding and in force to inure to our benefit at our sole discretion. You further agree that we may pursue enforcement of this Agreement at our sole discretion in any jurisdiction or venue of our choice, including but not limited to arbitration or the State of Texas.
XIII. Typographical Pricing Errors. On occasion, a typographical pricing error may appear on a product page on our website. In such instances, should you complete an order for the product in which case the price you received is more than 5% lower than the correct price, we will cancel the order, refund your credit card in full, and send you a coupon code for 5% off if you would like to re-order at the correct price.
XIV. Future Changes. Terms and conditions as published in this Agreement as of the date of your acceptance are binding ad infinitum. Future changes to this Agreement will not effect you, as you are only agreeing to the Agreement as offered and accepted at the time of your Website use. We may be required to make changes and enhancements to the Agreement from time to time, at which point you are bound additionally by any future Agreement extant on the Website if and only if you use our Website at a future date and only per the Agreement in place at the specific time of your use of our Website. Now that all the legalese is spelled out, we hope you're able to find just the right party favors and accessories you need for your celebration.