Terms of Sale
1) Acceptance of Terms
Your purchase of Wood Proper,LLC products or services is subject to this Terms of Sale. By clicking the “CHECK OUT” button and making a purchase, you acknowledge that you have read this document and agree to be bound by its terms and the Terms of Service.
This Terms of Sale is not meant to contradict, violate or run contrary to any portion of the Terms of Service which governs your use of Wood Proper, LLC services and your use of the Wood Proper, LLC Web Site. If any portion of the Terms of Sale is found to contradict, violate or run contrary to the Terms of Service, the Terms of Service will govern and will be the binding document with regards to that portion.
The Terms of Sale is meant to provide general information regarding policies surrounding purchases from the Wood Proper, LLC Web Site. The Terms of Service is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms of Sale you again agree to comply with the Terms of Service.
2) Content of Your Purchase
The primary value of the Wood Proper, LLC Website (Web Site) is the ability for users and potential purchasers (“Users”) to choose an existing sign and upload there logo or create new Wood Proper of any content they choose. This is done by means of computer interaction alone between the Users and the Web Site.
As such, you agree that no Wood Proper, LLC employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the content of the products or graphics created or uploaded by Users, neither while on the website, nor after purchase and during the production process.
You agree that products that are purchased will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User’s Realm of Control through the use of the tool on the Web Site. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
“Realm of Control” refers to any part of a sign that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
While Wood Proper, LLC does review the content of your sign or product, you still agree to be bound by the restrictions as laid out in the Terms of Service, and should it come to the attention of Wood Proper, LLC that you have violated the Terms of Service or this Terms of Sale, you agree that Wood Proper, LLC will send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned by signed check through the United States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You also agree that the content of your sign or product does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property, as provided in Paragraph 7.2 of the Terms of Service.
3) Color Matching
Wood Proper, LLC sells its products through an E-Commerce Web Site viewable by computers connected to the Internet. These computers may view Wood Proper, LLC products solely through their computer screens (“Monitors”). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another.
As such, you agree that Wood Proper, LLC does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. Wood Proper, LLC works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
4) Wood Proper Materials
Wood Proper LLC sells products made out of several different types of materials:
You agree that you have read our website and/or researched independently and that you know what each of these materials is and what you are buying. Wood Proper, LLC only guarantees that you will receive the materials advertised on the Web Site that you purchase. You agree that Wood Proper, LLC is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site.
You agree that all products produced and sold by Wood Proper LLC are for Advertising and promotional purposes only. Wood Proper, LLC does not make any claims about the legal compliance or registration of or any other products sold by Wood Proper, LLC or by a Wood Proper, LLC Team member, independent sales rep or Authorized dealer. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of products or other products permitted for your particular use.
5) Uploaded Images
Wood Proper, LLC permits users to upload images onto their products through the Wood Proper, LLC Web Site. You agree that Wood Proper LLC is not responsible for the quality of the images you upload.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
Images are created and stored in a variety of ways and you agree that Wood Proper, LLC is not responsible for ensuring quality images for any image file format available on the Web Site.
You agree when uploading an image, that you are the owner of said image or have permission from the image holder to use said image in production. Wood Proper, LLC is not responsible for governing trademarks and will hold no responsibility or liability in what customers upload.
Wood Proper, LLC has the right to refuse to print any custom order and will contact the customer within 24-48 hours after order has been reviewed. If customer order is refused, Wood Proper will cancel the order within 48 hours after order being placed, or contact the customer via email or phone.
6) Production Time
Wood Proper, LLC works hard to ensure that orders will be produced and exit the Wood Proper, LLC facility within five business days from the date of order. The date of order is the calendar date of order if the order is placed before 2:00pm Eastern Standard Time and the next business day after the calendar date of order if the order is placed after 2:00pm Eastern Standard Time.
You agree that Wood Proper, LLC will take at least 5 business days to produce your order and that it may take longer than 10 business days as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order. Title to your purchased goods shall pass to you at the time Wood Proper, LLC deposits such purchased goods with its designated shipper.
7) Return and Refund Policy
You agree that Wood Proper, LLC guarantees the products it sells are free from manufacturing defects and as such will be good for 90 days after purchase of the product. If the product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken product and send the photograph or the original failed or broken product to Wood Proper LLC. Upon receipt of the product or the photograph, Wood Proper, LLC will send a replacement of the product at no charge. The only cost to the buyer would be shipping costs.
Wood Proper LLC does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of Wood Proper, LLC. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by Wood Proper LLC as to the cause of the failure or breakage.
8) Changes to Your Order
Wood Proper, LLC provides many opportunities to review, revise and cancel the order process before placing your order.
You agree that Wood Proper, LLC is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. An Wood Proper, LLC employee, employer, officer, owner or authorized agent may revise or cancel an order if called within 1 hour of the order placed over the website, but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections, or changes need to be made and that your order is final as is.
9) Dispute Resolution.
All disputes arising out of, relating to or connected with these Terms of Sale or your use of any part of the WoodProper.com Service will be exclusively resolved under confidential binding arbitration held in Palm Beach County, Florida before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Florida law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale will be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in Palm Beach County, Florida. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Palm Beach County. By entering into these Terms of Sale, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Sale or your use of any part of the Wood Proper.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section, Wood Proper ,LLC may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.