Acceptance of Terms of Usage

 

These Terms of Usage govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Usage and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

 

PenBuddy reserves the right to make changes to this Site and to these Terms of Usage at any time without prior notice. You should review these Terms of Usage each time you access this Site.

 

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

 


 

General

 

All the terms and conditions and/or any transactions occuring online at www.PenBuddy.com or by phone are subject to the laws of the State of California.  PenBuddy is not responsible for the delay and/or damages resulting from Machinery Breakdown, Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.   The tools available on PenBuddy.com to create document is the property of PenBuddy and its affiliated companies.  The Buyer’s order shall be deemed an acceptance of the Seller's terms.  The Terms and conditions shall in all respects be governed by STATE OF __________ law. 

 


 

Reservations

 

All orders are subject to acceptance by PenBuddy. We reserve the right to reject any order at any time without recourse. We also reserve the right to change the price at any time even after we receive the order. This will only happen if the price was incorrectly entered on the website. We will notify you of the price change and allow you to cancel the order if you wish. We reserve the right to change any information on this website at any time without notice. This includes but is not limited to product prices, specifications, and availability. We also reserve the right to limit quantities on certain items and to cancel or reject any order at any time without giving you any notice. We will notify you of the cancellation and/or rejection and allow you to cancel the order if you wish.

 


 

Returns

 

Due to the nature of the product, no returns can be made once the order is processed and/or shipped. Any claims for defects, damages, or shortages must be made in writing within two (2) business days after delivery of the product. You can email us at Info@PenBuddy.com to discuss a possible return. We will replace only those orders that were processed incorrectly. The replacement of the order will take place only after the receipt of returned merchandise. We will not replace the order if it is determined by us that the order was misused or mishandle by the buyer or part of the order was used by the buyer and part of the order is being returned. 

 


 

Credit Card

 

If the Buyer's credit card is declined, PenBuddy will not process the Buyer’s order. If the order is shipped and should the Buyer's account become delinquent, Buyer agrees to pay a monthly finance charge of 2% (annual percentage rate of 24%) on the unpaid balance. If an account goes beyond the payment term's due date, unless specific arrangements are made, future purchases will require advance payment. In the event that PenBuddy must commence legal action to enforce any terms of this agreement, the Buyer agrees to pay reasonable legal fees and costs.

 


 

Warranty

 

PenBuddy neither makes any explicit warranty nor imply or accepts any responsibility other than possible replacement of the products that Buyer is buying.  PenBuddy may but does not guarantee the replacement of the defective product, or credit the amount of the purchase price. 

 


 

Shipping

 

Shipping terms are F.O.B. _________.  PenBuddy will arrange for shipping with the carrier on behalf of the buyer.  The Buyer will be fully responsible for the shipping and handling cost. PenBuddy will not be responsible for the delay in delivery, loss or damage of the order while the order is with the shipping carrier. Cost of shipping is calculated as a flat rate in relation to the quantity of the order and postage selection at checkout.

 


 

Limitation of Liability:

 

PenBuddy will not be liable in contract or in tort (including negligence) to the customer for incidental or consequential damages, arising out of or resulting from anybody’s performance or nonperformance of our obligations.  PenBuddy shall not be liable to anyone for any kind of financial losses, cost, expenses, damages and/or other economic damages.  The Buyer agrees that the Buyer will not hold PenBuddy responsible for any and all loss, cost, expense, and damages (including legal costs) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against PenBuddy and its affiliated company (S) on grounds alleging that the said work violates any copyrights, trademarks, service marks, or is scandalous, or invades any person's right to privacy or other personal rights.

 


 

Cancellations and Refunds:

 

PenBuddy and its affiliated company will not refund any money for the orders that were shipped or were cancelled after the order was being processed. If you would like to change your order while the order is being processed we may make an exception depending on the request. Please email us at info@PenBuddy.com to learn more.

 


 

User-Generated Content

 

By submitting, posting or displaying User-Generated Content on or through our services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, adapt, store, publish, distribute, translate, and create derivative works of such Content, in any format or medium now known or later developed, for any purpose, including for promotional and marketing purposes. This includes any artwork or designs created, saved, or submitted through our design studio as well as orders placed through email communication. You confirm and warrant that you have all the rights, power, and authority necessary to grant PenBuddy the rights to any User-Generated Content that you submit.

 

Please note that we respect your privacy and will not use your personal data, such as your name or other identifying details, in our promotional or marketing efforts without your explicit consent. Your anonymity and privacy are of the utmost importance to us, and we will strive to safeguard them in all circumstances. All content used in


 

Image Usage Agreement

 

By accessing and using the images available in the designer studio ofPenBuddy, you acknowledge and agree to the following terms: The images available within the designer studio ("Site Images") are protected by copyright and other applicable intellectual property laws. They are provided to users of PenBuddy solely for the purpose of creating artwork to be displayed and used on PenBuddy. You agree not to download, reproduce, distribute, display, or use these Site Images in any manner outside of PenBuddy without express written permission from the copyright holder and/or PenBuddy. Any unauthorized use of the Site Images may result in legal action, including, but not limited to, claims for damages, injunctions, and any other remedies available under the law. By proceeding with using the Site Images, you indicate your acceptance of and agreement to abide by these terms.