Terms of Sale & Shipping & Returns
TERMS OF SALE
OVERVIEW
Welcome to the www.everythingyardflags.com website (the “Site”). Everything Yard Flags values its relationship with its customers, so these Terms of Sale are provided to ensure clarity in the relationship and ease of making transactions. The following, along with the Conditions of Use and Privacy Policy, are terms of a legal agreement (the “Terms”) between you and Everything Yard Flags. By making a purchase on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale and the Terms, and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use or make a purchase on the Site.
All transactions will be governed under the general commercial laws of the State of Iowa as supplemented or modified by this Agreement, without regard to conflict of law principles. Everything Yard Flags will accept your order only if (1) you accept the terms of these Terms of Sale (“TOS”), (2) the Product is available, and (3) you provide a valid and verifiable ship-to address. Everything Yard Flags reserves the right to cancel your order in its sole discretion, for any reason.
Confirmation of receipt of your order does not constitute acceptance of your order; your order is accepted only when you receive confirmation that the order has been shipped. The TOS, including associated warranty statements or attachments, are the complete agreement between you and Everything Yard Flags regarding your purchase of products and replaces any prior oral or written communications between you and Everything Yard Flags. Any additional or different terms in any order or written communications from you are void. If there is a separate commercial agreement in effect between you and Everything Yard Flags, signed by both parties, then the terms of the commercial agreement govern this transaction.
PRICES
The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. If you are located outside the United States, please be sure that you are aware of the price in your local currency, and be aware that your credit card company may charge a currency conversion fee, for which Everything Yard Flags is not responsible.
If a product is quoted at an incorrect price due to typographical error or error in pricing information: 1) Everything Yard Flags has the right to refuse or cancel any orders placed for the product quoted at the incorrect price, even if Everything Yard Flags has confirmed the receipt of your order and charged your credit card, debit card or PayPal account; and 2) if Everything Yard Flags has charged you but subsequently canceled your order, Everything Yard Flags will promptly issue a credit to your payment account for the amount charged. You are responsible for taxes, if any, for each product from the date Everything Yard Flags ships it to you. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
PAYMENTS
Everything Yard Flags provides two options for third-party payment methods, PayPal and Credit Card purchases. You can find out more about PayPal here. When you order something from the Site, you will be asked to set up an account on the Site and, if you do not have one already, on PayPal. The information you provide during the account setup process will be used to process your order and payment, and for related purposes. For additional information, please read our Privacy Policy, PayPal’s Privacy Policy, and Google Checkout’s Privacy Policy.
Everything Yard Flags accepts payments only as described above. Payments must be received prior to shipping.
SHIPPING
To serve you better, Everything Yard Flags works with multiple suppliers. Because of this, some products are shipped directly from the manufacturer. An estimate of shipping time is provided for your convenience when you order. Most items and purchases will be shipped via USPS to the Continental United States, the United Kingdom, and Canada, Alaska and Hawaii although some large items such as the yard flag accessories will be shipped via UPS services. Other shipping methods may apply in other jurisdictions. To learn more about UPS shipping, please visit https://www.ups.com/. To learn more about United States Postal Service shipping, please visit https://www.usps.com/. Please allow up to two weeks for your order to be shipped (although most items ship in less than 5 business days); if shipping is expected to take more than two weeks, the product description on the Site will reflect this.
Everything Yard Flags carefully packages its products to prevent damage during transit; however, Everything Yard Flags cannot be responsible for damage that occurs during the shipping process. Claims based on damage during the shipping process must be brought to USPS & UPS directly. If any cartons are missing or damaged, be sure to note this on the freight bill.
For UPS shipping: If you notice concealed damage after the driver has left, keep all the packing and call UPS to return and inspect the damage and file a claim, or fill out the claim form on the UPS website section entitled “File a Claim.”
For United States Postal Service shipping: Claims based on damage during shipping are not available via USPS on orders under $100. Everything Yard Flags’ shipping prices for USPS include insurance on orders over $150. Your insurance claim number will be included with your shipment notification. In the event that you have a claim, you may refer to the USPS website for information on claims under “Ship a Package / File an Insurance Claim.”
Orders Sent to Canada
You must pay taxes, duties and brokerage fees on shipments going to Canada either during the checkout process or as cash on delivery. The brokerage fee for shipping to Canada is a flat rate of $10 on orders less than $200.00. Orders over $200 will see higher taxes, duties and brokerage feees.
Canada Customs requires Canadian recipients to pay applicable duties and taxes on each shipment entering Canada. These charges may include PST, GST, HST, duties and other taxes of goods (e.g. excise tax). A brokerage fee is also charged to process shipments and present the requisite customs paperwork to Canada Customs on the importer’s behalf.
Your order will be shipped under UPS’s e-Tailer Brokerage Program (eBP), where eligible shipments imported into Canada for non-commercial purposes and valued under CAD$ 200 shipped via UPS Standard service are subject to a reduced brokerage fee of CAD$ 10, plus any applicable duties and taxes. Shipments valued at CAD$200 and above and/or being imported to Canada forcommercial purposes and/or subject to specialized clearance may incur additional fees.
Please, be aware that UPS will request payment of these charges at the time of delivery. You have the ability to call UPS ahead of time (1-800-742-5877) to pay these charges, eliminating the need for payment on delivery.
Orders Sent to the United Kingdom
You must pay taxes, duties and brokerage fees on shipments going to the United Kingdom either during the checkout process or as cash on delivery. Standard brokerage fees apply.
Please be aware that you are responsible for ensuring that your order is in compliance with all local laws.
RETURNS AND EXCHANGES
Everything Yard Flags accepts returns of products for exchange or refund in the case of manufacturers’ defects, damage incurred during shipping and handling, or shipping of the wrong product. Prior to returning a product or receiving a replacement product, you must obtain a Return Authorization Number. To obtain a Return Authorization Number, please contact support@EverythingYardFlags.com (with "RETURN" in the subject field) and include the following information:
1) your order number;
2) a description the product which you wish to return or exchange;
3) whether you wish to return or exchange the product;
4) in the case of an exchange, what product you would like as a replacement;
5) your reason for seeking a refund or exchange; and
6) if your reason for seeking a refund or exchange is damage to the product incurred during the shipping and handling process, a photograph showing the damage.
If you have received a product that is damaged upon arrival, we will send you a replacement product. You do not need to return the damaged product; however, if you wish to return the damaged product, you will be responsible for the cost of shipping.
If you are returning a product for any other reason, it must be in the same condition in which you received it when it is returned, including return of 1) all original contents, 2) the original packaging, and 3) the original invoice or receipt. Refunds will be issued only when Everything Yard Flags receives the returned product.
Once a return is authorized by our return department, please:
1) Return the item to the address given to you by our return department.
2) Write the Return Authorization Number clearly on the box or package.
3) Keep your shipping records for proof of shipment in the event of loss of returned merchandise. Returns shipped via U.S. Postal Service (U.S.P.S.) or with a value of over $100.00 should be insured. We cannot be held liable for return merchandise that does not reach our return department.
If you are exchanging the product, please allow at least three to five weeks to receive your replacement product. We will not pay for shipping of returned products unless the return is the result of our error.
All sales are final 30 days after delivery unless returned or exchanged as described above.
LIMITED WARRANTY AND LIMITATION OF LIABILITY
Everything Yard Flags warrants that its products shall be free from defects in material and workmanship, under normal use and service, upon receipt. Everything Yard Flags will, as described above, refund the purchase price or exchange the product, which arrives with defects in material and workmanship. No charge will be made for shipping or other costs with respect to defects covered by this warranty.
To obtain protection under this warranty, you must follow the procedures described above under “Returns and Exchanges.”
Specifically excluded from this warranty are any claims arising as a result of improper application, use, neglect, abuse, or other mistreatment of the products.
Everything Yard Flags, its affiliates, suppliers and subcontractors will not be liable under any circumstances for any consequential, incidental, special, punitive, exemplary or other damages (including, but not limited to, damages resulting from commercial or economic loss) or costs and expenses (including, but not limited to, attorneys’ fees and litigation costs), incurred as a result of any claim whether based on breach of warranty or otherwise.
In no event shall Everything Yard Flags’ liability exceed the cost of replacing the product which gave rise to any claim or refunding the purchase price of the product which gave rise to any claim.
THE WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No attempt to alter, amend or extend this warranty and limitation of liability shall be effective unless in writing and signed by an executive officer of Everything Yard Flags.
Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
DISPUTES
You agree that these TOS and your purchase of products from Everything Yard Flags are governed by the laws of the State of Iowa, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Des Moines, Iowa, in all disputes arising out of, relating to, or concerning Everything Yard Flags products and/or these TOS. If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Last revised: July 22, 2013.
