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Southwest Treasures Terms and
NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. SOUTHWEST TREASURES (AKA SWTREASURES.COM) RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOUTHWEST TREASURES DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
All material and software Copyright (c) 2017 Southwest Treasures" All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Southwest Treasures web site and/or its subsidiaries (referred to herein as Southwest Treasures) or the copyrighted property of parties from whom Southwest Treasures has licensed such property.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Southwest Treasures Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. Southwest Treasures policy also states that you cannot use explicit language or pornography on printed materials and merchandise.
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Southwest Treasures, are entirely responsible for all Content that you use from Southwest Treasures Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Southwest Treasures or any third party. Southwest Treasures does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Southwest Treasures be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Your Content may be used in our advertising or as a reference sample.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You acknowledge that Southwest Treasures does not pre-screen Content, but that Southwest Treasures and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Southwest Treasures may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Southwest Treasures, its users and the public.
The internal laws of the State of New Mexico shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Valencia County, New Mexico for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOUTHWEST TREASURES - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO SOUTHWEST TREASURES.
You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom Southwest Treasures has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any protected area of the Site, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.
Southwest Treasures does not provide any design files.
RETURNS AND REFUNDS
Since each custom engraved order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.
Customer must notify Southwest Treasures within 6 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within 15 days from the time when the ordered product delivery was taken.
ORDER SHIPPING & DELIVERY
Southwest Treasures will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Southwest Treasures be liable for any consequential or damages resulting from any delay in shipment or delivery.
All Southwest Treasures customers agree not to hold Southwest Treasures liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Southwest Treasures's direct control. Southwest Treasures shipment and delivery dates are calculated based upon estimates described in “Shipping” terms.
Southwest Treasures will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the engraving process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
Orders that will be picked up: Please allow up to one additional business day after the turnaround to prepare packages for pickup.
Orders that will be shipped: Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping from USPS. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for Southwest Treasures to relay your information and for USPS to pick up, and the following 3 business days/non-holidays for your shipment to arrive.
CUSTOMS, DUTIES AND TAXES FOR INTERNATIONAL ORDERS
Customs, Duties and Taxes (For International Orders) Orders that are shipped to countries outside of the U.S. may be subject to customs duties and fees levied by the destination country ("Import Fees"). You may be subject to such Import Fees, which are levied once a shipment reaches your country. You are responsible for all additional charges for customs clearance. Customs policies vary widely from country to country. Southwest Treasures does not have control over these fees, nor can we predict the exact cost of these fees. We are not responsible for informing you of the specific fees that will apply; it is your responsibility as the importer and the customer to check what your country's requirements are for all customs fees, before placing your order. You are responsible for contacting your local customs office for further information. Please be advised that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates. This excludes Canadian orders.
SHIPPING ERRORS & LOST PACKAGES
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 30 days from package shipment. Southwest Treasures is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Southwest Treasures will reship the package with corrected address and charge an additional shipping fee for the shipment.
CREDIT CARD CHARGES
Order exceeding $200 or greater may require an authorization form and copy of credit card and Driving license. (A valid photo I.D)
We reserve the right to refuse service without disclosing a reason.
All prices are subject to change without notice, no adjustments will be made.