Terms and Conditions
Homemade Homebody (“homemadehomebody.com”) owns and operate this Website. This document governs your relationship with homemadehomebody.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all parts of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and homemadehomebody.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of homemadehomebody.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by homemadehomebody.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with homemadehomebody.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Homemadehomebody.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be homemadehomebody.com or may in some cases be a third party. Where a contract is made with a third party, homemadehomebody.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. We reserve the right to modify prices without advance notice either prior to or after receipt of an order confirmation. Unintentional errors in advertised prices are not binding on homemadehomebody.com or this Website, and may be modified by homemadehomebody.com at any time. In the event that any transaction conducted via this Website is listed at an incorrect price due to an error in pricing, homemadehomebody.com shall have the right, at its sole and absolute discretion, to refuse or cancel any orders placed. In the event that a product or service is mispriced, homemadehomebody.com may, at its and absolute discretion, either contact you for instructions or cancel your order and notify you of such cancellation, it being clarified that homemadehomebody.com shall have no further obligations towards you with respect thereto.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
A Sales Tax at the current rate as determined by the United States government shall be applied to all orders shipped or billed to a California address.
At this time, we can only receive payments via Paypal. You do not need a PayPal account. You can use a debit or credit card via PayPal Guest Checkout.
Your card or account will be debited upon authorization being received. The monies received upon the debiting of your card or account shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
We ship within the US and Internationally. Shipping is $5 (US dollars) flat rate per item. In the case that your item is lost in shipping, we will do our best to locate it but are not responsible if it does not arrive on the scheduled date.
If you wish to place a large order, please contact us for a shipping estimate. We are more than happy to find the cheapest rate for you possible.
(e) Product Availability and Back-Orders
Some products on this Website are available for back-order, and will be indicated on their individual product pages. Please allow 1-2 weeks of production time for each back-order. This does not include shipping time. If production for a Back-Order will take longer than 2 weeks, we will inform you through the email you provided to us and provide you with a new time frame. Production times may vary depending on the amount of back-orders placed by you and other customers. We fulfill back-orders in the order they were placed.
Returns, exchanges, and refunds may be made for store credit only, within 30 days of the ship date. Products must be in their original condition and undamaged. Custom orders may not be returned, exchanged, or refunded unless we made a mistake in creating the custom product. Please remember that variations in color, materials, product dimensions, stitch sizes, etc. occur in handmade products. This is not a mistake on our part, but simply the nature of handmade items, and the reason for their uniqueness and character.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, homemadehomebody.com and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity, and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect homemadehomebody.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with homemadehomebody.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to homemadehomebody.com.
You agree to indemnify, defend and hold harmless homemadehomebody.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Homemadehomebody.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and homemadehomebody.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the Owner of homemadehomebody.com.
Homemadehomebody.com may periodically update this Terms and Conditions for new, unanticipated uses not previously disclosed. Any changes made will be posted here without any further notice to you. By visiting homemadehomebody.com, you agree to accept any changes made to this Terms and Conditions.
This page was last updated on November 11, 2016.