*COVID 19 IMPACT STATEMENT ON ORDER HANDLING / SHIPPING TIMES.
---Start Covid 19 Statement ---
First and foremost, I hope you are well! :-)
With regard to orders being placed, I will continue to strive to maintain a 2-day handling time, however I may not always be able to accomplish this during these Covid-19 days. On my end, I am balancing my children home from school, while running the company. I do all this alone ( no employees).
All orders have a minimum 2-day handling time. If you are in a hurry, this may not be the time to place an order. If I feel your order will be delayed due to -my- handling time beyond the stated 2-business day standard, I will reach out to you and let you know. If your order is incomplete, or we have questions, the handling time starts after all our questions are met, not on the sale date. Things that could have an affect on handling time; weather, power outages, computer or machinery upgrades or downtime. If you choose expedited shipping during checkout, you are welcome to request a refund at any time PRIOR to the package being shipped due to delays on our end. Once the package is shipped (has a drop-off scan), no refunds are given regardless of the reason for our handling time. Any complaints regarding transit times once the package leaves our hands, especially next day air, second day air, three day air, or other expedited services whether domestic or internationally need to be directed to the service provider, not Darkside Studios LLC. Service provider is defined more specifically as the carrier, IE; UPS FEDEX USPS DHL. They are providing the service to which you paid for ( shipping transit time ) not Darkside Studios LLC.
Shipment transit times:
All USPS ( postal service ) shipments by Darkside studios LLC have been halted due to unprecedented delays. I am currently shipping all orders UPS ground. Please be aware, there are times I must ship USPS. This is either because UPS cannot reach or offer a service to a destination, or, a PO box is provided. If standard shipping is chosen, I reserve the right to still ship USPS, and the package may be severely delayed in transit. If you do not wish to have this happen, you must choose UPS during checkout for you shipment option.
----End update ----
With regard to shipment delays. Shipment delays are defined as ( The day the package is scanned as received by the carrier to the time the package is delivered ). Once the package is scanned by the carrier, any delays are their responsibility. I am not responsible for delays in shipments that are out of my control and in the hands of the carrier. Please be aware, NO shipment service at this time is guaranteeing delivery times. This means if you pay for Express mail, it likely will not show up on time, in fact it may be ludicrously late. Please only place an order if you are prepared to be patient with delivery times. I strongly advise you to NOT use express mail services during this time. Are all deliveries running late? No, however some are and are dependent on route and location. Please be aware, the standard late procedures for mail will still be honored -as outlined below in the terms and conditions-
I will do my best to continue to send you fun projects in the mail. I know this is a tough time for us all, and I'm happy to help put a smile on your face, maybe make your day a bit brighter :)
----End Covid 19 Statement----
**BY PURCHASING THIS PRODUCT YOU ARE AWARE OF AND HAVE AGREED TO THE FOLLOWING**
**TERMS AND CONDITIONS**
You understand if Darkside Studios LLC needs to contact you with questions regarding your order, your order will be held until we receive a response from you via email. Please be sure your email address is accurate and up to date. No products sold by Darkside Studios LLC includes a warranty either expressed, or implied.
All orders are hand-made per order. Orders can and often will differ from what is shown on the website, either slightly or strongly. Darkside Studios LLC reserves the right to alter modify or change any design beyond what is shown and as advertised. We often do this as themes progress, and we update artwork, or layout of artwork. If you do not entrust our design judgement, please click on the Request Preview dialog box, to see and approve your design before it is shipped. Once graphics have been removed from the release liner, that is considered an agreement by the buyer, that the design is satisfactory, and at which point, no returns will be accepted by Darkside Studios for design, arrangement, color or any variation thereof.
Darkside Studios under no circumstances, even if the circumstances are our fault, will cover any damages, installer wages, lost time, lost materials, or any other act of loss.
Product page titles on this website often conflate many year and model ranges for ease of navigability. It is the buyer's responsibility to choose the correct model, year, engine size, or application from our drop down menus. Simply basing a purchase on the title alone may not render the exact product you receive. No checkout on the site is possible, without the buyer choosing the appropriate conditions such as but not limited to; color, engine size, model year, model, make, etc. A good form of practice is to leave us a note, in the notes to seller box, with your exact model machine and year of the machine.
---DARKSIDE STUDIOS LLC RESERVES THE RIGHT TO CANCEL AND REFUND YOUR ORDER AT WILL DUE TO STOCK AVAILABILITY REGARDLESS OF WHAT STOCK AVAILABILITY SHOWS, OR IF WE ARE UNABLE TO CONTACT YOU AT YOUR PROVIDED EMAIL ADDRESS WITH QUESTIONS ABOUT YOUR ORDER---
**THERE IS A RESTOCKING FEE ON ALL RETURNS**
---Restocking fee covers the cost we incurred to ship the product to you. We offer free domestic and heavily discounted international shipping as a courtesy when you purchase, but we are not responsible for refunding that amount if you change your mind, are unavailable to SIGN for the package, or make an order mistake. This also applies to any INTERNATIONAL orders as well. The product MUST be in an UNUSED UNCUT state, and arrive in a fresh box, undamaged, otherwise returns will not be refunded. Restocking fees do not apply to 'accidental' incorrectly shipped products by the seller. Products installed either wholly or partially, before realizing an incorrect product was ordered, will not be refunded or replaced. Included instructions deliberately state, products shall be compared to application machine before removing the graphics from the release liner. No Exceptions. In certain cases, and only by Darkside Studios discretion, Darkside Studios reserves the right to make an exception to this rule to aid clients in good faith. All returns must be packaged properly and safely. Returns must be insured for the original value, plus shipping cost. The returner is responsible for lost or damaged returns, and thus, shall rely on their insured return and open a claim on their own with the carrier. Darkside Studios will process no refunds on packages not returned, damaged, damaged and returned to the returnee, or lost in transit.
**REPLACEMENT KITS OR ITEMS VIA FAULT OF DARKSIDE STUDIOS LLC**
In the event the buyer chooses expedited shipping on an original organic order, and determines the product is incorrect, or requires missing items, or requires replacement items, Darkside Studios is NOT obligated to choose the same speed shipping for aforementioned items. It is Darkside Studios discretion to which shipping method is used to replace or repair the order. If the order is -returned- by the buyer, for a refund, the shipping cost will be refunded.
**DOMESTIC (USA BUYERS)**
---Please note, Darkside Studios LLC WILL NOT re-ship or refund any orders due to shipment delays on the part of the carrier for 15 business days ( defined as Monday-Friday) days from the date of the first carrier scan. This does not apply to delays using any method other than free shipping. Any delays via the carrier need to be resolved between the buyer, and the carrier. This applies regardless of how far the client is from Darkside Studios LLC. Repeat, this applies regardless of how far the shipment is going from Darkside Studios LLC. No exceptions to this rule. If the package does not show any movement or updates on tracking after 15 business days from the original package scan, another package will be sent based on the discretion of Darkside Studios LLC. Please realize, we do not carry the package to you, we have no control over carrier delays, regardless of how ludicrous a delay is, mis-scans, acts of god due to weather, etc. Any complaints about signature confirmations, no-knocks on your door, miss-scans of the package, packages spending time in towns not related to your location all fall into this category and complaints need to be forwarded to the CARRIER, not Darkside Studios LLC. As stated, if the package does not arrive within the stated 15 business days from the date of the first carrier scan, we will of course step in, and choose to either 1, send you a new package, or 2, refund you completely. Method 1, or 2, is at the complete discretion of Darkside Studios LLC. No exceptions. All delivery time frames are at the opinion and estimated discretion of the carrier, we make no guarantees on timeliness, any delivery window estimates are provided by the carrier, and any complaints or dissatisfaction with regard to this aspect shall be directed to the carrier, not Darkside Studios LLC. If you are on a strict timeline for delivery due to an event, we advise you to consider all the statements above.
**INTERNATIONAL (OUTSIDE THE USA BUYERS)**
---Please note, if you are having your product shipped to a location outside of the U.S.A, you may incur a (often small -this is a relative term-) import tax/duty fee as per the law of your country or province. Not all locations impose a tax on importing goods. Import taxes vary greatly from country to country, we do not control import taxes, this is set by your country. We are required by law, to put the value of your goods on the outside of the package. Please do your own research what your country charges for import taxes.
**INTERNATIONAL ( OUTSIDE THE USA ) SHIPPING SPEED OF DELIVERY NOTICE** First class shipping by the United States Postal Service is economy shipping. If you choose cheap, economy shipping, you will get economy speed and tracking. Expect to have only one tracking scan when the package leaves the USA, and one scan when it arrives in your country. ALL FIRST CLASS MAIL PACKAGES REQUIRE UP TO 45 DAYS TO ARRIVE FROM THE DATE OF SHIPMENT NO EXCEPTIONS TO THIS, REGARDLESS OF AN ESTIMATED DELIVERY TIME PROVED BY THE SHIPPER. We will refund no purchases on any shipment delays with FIRST CLASS MAIL PACKAGES until 45 calendar days from the date of shipment has past. If you are not prepared to wait up to the 45 days, please choose PRIORITY MAIL INTERNATIONAL or EXPRESS MAIL INTERNATIONAL as your shipping option. Most first class packages shipped internationally take 10-25 days to arrive, however the United States Postal Service requires 45 business days for the package to arrive before any insurance claims can be processed on a lost parcel. Refusals of international packages due to a refusal to pay import taxes levied by your country will only be refunded when ultimately the package arrives back to us safely and in it's original new state. We are not in any way responsible for refunding any order based on a package that is damaged upon return, due to any negligence outside our power, or a package that takes any amount of delay in being returned. No exceptions will be permitted. Any and all refunds will be less the original shipment cost. The buyer is responsible for returns of packages, regardless of the reason.
**Terms of Sale: (Legal Stuff)**
--DISCLAIMERS, WAIVERS AND INDEMNITY: Buyer's purchasing or placing a bid on Item: Buyer hereby agrees that they have read and agree to be bound by all Terms and Conditions within this listing. Buyer has had the opportunity to contact Seller to ask any questions regarding this Item prior to purchase. Buyer waives all liability of Seller and claims against Seller for damages, losses, costs, injuries, penalties, expenses, attorney's fees and liabilities of whatever nature whether in tort, contract, warranty or strict liability, including without limitation those resulting from injuries or deaths of persons and damages to property resulting from, or arising out of or in connection with the use, condition, transportation, service, possession, sale of this Item, loss or liability resulting from negligence, parts, labor, delay or business interruption by Buyer or third parties, delivery delays, work stoppages, failure to warn, operational deficiencies or failures, breakdowns, strikes, acts of God, or other cause (whether such causes are avoidable or not) caused in whole or in part, directly or indirectly by Buyer, or Seller. Under no circumstances is Seller responsible for special, indirect, incidental or consequential damages, even if Buyer has been advised of their possible existence. Buyer agrees to indemnify, defend and hold Seller harmless from and against any and all specified claims. Seller hereby disclaims all warranties, express and implied, with respect to this Item, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or that the Item is free from latent defects.
This website is operated by Darkside Studio Arts LLC.. Throughout the site, the terms “we”, “us” and “our” refer to Darkside Studio Arts LLC.. Darkside Studio Arts LLC. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Darkside Studio Arts LLC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Darkside Studio Arts LLC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 10 Klines Road Bloomsburg Pennsylvania US 17815-6514.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.