Payment is due at time proof is approved. Payment can be made by cash, personal check or money order. In order to assure product supply and completion, Simply by Shelly reserves the right to cancel any order if proofs have not been approved within thirty (30) days from delivery of proof to customer.
Simply by Shelly charges $35 for any returned check and may also seek legal measures to collect the total amount due on the customer’s account. Such collection costs may include interest at the then applicable maximum legal rate, plus all reasonable attorney’s fees and costs associated with such collection.
Changes to Customer’s Order
Changes to customer’s quantity, graphic design components, fonts, wording, etc… can be made during the proof process only.
Promotional & Discount Pricing
All promotional and discount pricing offers are valid for thirty (30) days from initial offer of discount unless otherwise specified. All orders must be placed within such time period to receive the promotion or discount. In addition, in order to ensure receipt of any promotional pricing or discount on customer’s order, the proof must be approved or order confirmed by customer within thirty (30) days of receipt. Simply by Shelly will not be required to apply such discount or promotional pricing after such thirty (30) day period has expired unless agreed otherwise.
Cancellations, Returns and Refunds
Returns and refunds will be considered on an individual basis at the sole discretion of Simply by Shelly. Orders cancelled after proof approval will not receive a refund.
Please note: Customer will be responsible for risk of loss, shipping and handling fees for returning or exchanging any product ordered. Additional fees may be charged to customer in the event customer fails to follow the return or exchange instructions provided to customer by Simply by Shelly.
We trust our customers to make sure that their spelling, grammar, colors, and all other printed content is correct in the proofs they receive. Customers are responsible for making any and all necessary corrections before indicating their approval to send the job to production. Simply by Shelly cannot be held liable in any way for errors in spelling, grammar, color and all other printed content once the proof has been approved by customer. Customers are obligated to pay all original and additional costs in the event that an order needs to be reprinted due to errors that existed in an approved proof. Simply by Shelly may be able to discount a reprint request at its sole discretion. However, the cost of a reprint is in addition to the cost of the initial order placed, and the costs associated with it.
Custom Design Fees
For custom designs, the custom design fee is charged when a customer commissions Simply by Shelly to create a completely unique piece. Design fees vary from $25 for a basic design or file acceptance fee to $125 or more for complex design work. Fees charged for custom work are fully non-refundable.
Due to the artistic content of our designs and the natural origin of many of our materials, there may be some slight variation from piece to piece. All of our products are individually inspected against the highest quality standards.
Simply by Shelly is proud of its commitment to excellence and aim to exceed customer’s expectations in its products and service. However, customer should inspect the order carefully once it arrives! If, for any reason, customer is not satisfied with customer’s order, customer should contact Simply by Shelly within three (3) business days of receipt of delivery. The request will be evaluated at that time and determination made how to address it. Requests to repair or replace damaged goods cannot be honored if the request is submitted more than fourteen (14) days after the order is shipped.
Product Selection & Offering
All prices, product designs, and accessories are subject to change without notice. From time to time product supplies are discontinued by the supplier. Simply by Shelly may still be able to fulfill customer’s order if such product or supplies have been discontinued, but cannot guarantee such order fulfillment. If a customer has ordered a sample or expressed interest in a design that is no longer available, he/she should contact us directly to determine if fulfillment is possible or if an alternative product would suffice.
Advertising and Marketing
Simply by Shelly reserves the right to use any and all products designed and produced by its staff for advertising and marketing purposes, whether such creation is a custom order or otherwise. This use also includes, but is not limited to using customer testimonials and customer designs as product samples, in photographs and in advertisements. This applies to all marketing and advertising by Simply by Shelly, both online, by verbal media and in print. If customer is opposed to any aspect of his/her design being used in this manner, customer must notify us in writing at the time of order placement.
Ownership & Proprietary Rights
All designs and graphical representations and rights, title and interest of any printed materials created by Simply by Shelly, whether custom order or otherwise, are the sole and exclusive property of Simply by Shelly. The products and content represented on www.simplybyshelly.com and in printed marketing material may not be reproduced in any fashion without the express written consent of Simply by Shelly.
Ownership and responsibility for risk of loss to any ordered products passes to customer upon delivery by third party shipping company. Simply by Shelly reserves the right, but is not required, to insure any such products with the third party shipping company. If a customer prefers to have their shipment insured, notify Simply by Shelly prior to shipment. Customer should notify Simply by Shelly immediately if customer believes part of the order is missing, wrong or damaged.
Circumstances Beyond Our Control
Simply by Shelly will not be liable for any failure to perform any of its obligations during any period in which such performance is delayed or made impossible by circumstances beyond its reasonable control, such as fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.
Simply by Shelly strives to make sure customer’s product is created and delivered in accordance with customer’s ordered specifications. However, it makes no other implied or express representations or warranties as to the suitability or use of customer’s product for a specific purpose.
Simply by Shelly cannot accept liability beyond the remedies set forth in these terms and conditions and customer’s order details. This limitation shall include, but not be limited to any liability for product not being available for use, lost profits, loss of business or any other damages. Except as otherwise expressly provided herein, Simply by Shelly will not be liable for any consequential, special, indirect or punitive damages and in any such event Simply by Shelly’s liability for any claim of loss shall be limited to the product order price paid by customer.
Simply by Shelly and customer agree to attempt to resolve any claim, dispute, or other controversy between customer and Simply by Shelly through negotiations with persons authorized to resolve the dispute or through mediation rather than through litigation if possible.
These terms and conditions and any purchase order terms placed with Simply by Shelly or any claim, dispute or controversy arising from such terms or purchase shall be governed by the laws of the State of Maryland, without regard to conflicts of law. Simply by Shelly and customer agree that the State Court of the State of Maryland and the United States District Court for the District of Maryland shall have exclusive jurisdiction and be the proper venue for any and all lawsuits that may arise pursuant to their customer relationship.