Terms & Conditions


TERMS OF USE
StampsDoneRight.com


Version Date: Feb 10, 2014

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Stamps Done Right, Inc.  and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the www.StampsDoneRight.com website as well as any other media form, media channel or mobile website related or connected thereto (collectively, the “Website”). The Website offers for sale a wide variety of standard and customized stamps and accessories (“Company Services”). Return policies, price schedules and other supplemental terms and conditions or documents may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

The Website is hosted in the United States. Company makes no representation that the Website is appropriate or available in other locations.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) may not order products or services through the Website.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION OR PURCHASE PROCESS AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

PURCHASES

You agree that you will not use any product ordered through the Website for any illegal purpose, or for any purpose for which you are not authorized. You represent and warrant that you are authorized to order and use the products in your name or in an entity name included in your order, and that you will not make any false representations regarding your identity or the specific information that Company may request in the course of processing your order. You acknowledge and agree that Company may request additional information from you as necessary to verify your identity and authority to order products, and you will cooperate with Company in the fulfillment of any such request.

If you provide any artwork to Company for incorporation into products that you order, you represent and warrant that such artwork and other content that you provide to Company does not infringe the copyright, trademark or other intellectual property right of any third party. Company may refuse an order for any reason, even after an order has been accepted and processed by Company.

You are solely responsible to promptly inspect and verify all information that Company incorporates into products that you order. Prior to placing any order, Website procedures will require you to verify the accuracy of information that Company will incorporate into products that you order, and you are solely responsible for any mistakes in such information that you have approved during the ordering process.

If any of the products that you order are subject to specific legal requirements, then you and not Company is responsible to verify that all legal requirements have been met. While Company will attempt to comply with all such legal requirements, it is you, as the user of the products, who is ultimately responsible for all such compliance with legal requirements. You whereby waive any claims arising from failure of the products to comply with any legal requirements.

The products may contain certain security features. Company makes no representations regarding such security features, and does not represent that the security features will prevent any misuse by third parties of the products that you have ordered.

Company will make reasonable efforts to meet a requested delivery date. However, Company shall have no liability for any delay in the delivery of products that you order. The maximum liability that Company will have arising from the fulfillment of any order placed by your shall be limited to the amount of any such order.

PAYMENT

Company bills you through an online billing account for purchases of products. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. A service charge of $35 will be charged for all chargebacks and returned checks. If you have established an account with the Website and have included your payment information, then it is your responsibility to verify that all such payment information is accurate and up to date.

RUSH ORDERS 

For overnight rush orders, the complete order must be received and approved by Company by 1:00 pm EST for the order to be processed and shipped that day.  Approval of rush orders may be delayed by Company for various reasons, including, but not limited to, successful completion of security checks, waiting for receipt of logo artwork, or other conditions. Company will make reasonable efforts to honor and complete all rush orders. However, Company shall have no liability whatsoever to a customer or other third party for failure to complete a rush order as requested. Furthermore, Company has no responsibility for failure of a shipper to either pick up or deliver a rush order on time, and Company would not be responsible to refund a rush order fee due to such failure by a shipper. Please see the Website for rush order fees and charges.

RETURNS/REFUNDS

If you are not satisfied with your order, you may return the products to us for a refund or credit, unless such products are not subject to refund as described below. In order to qualify for a refund, you must contact Company via email (Note: include the Order Number in the “subject” line of email) using the contact information below to request product return instructions and return the products to us complying with such instructions within 14 business days of your receipt of the products.  Shipping costs will not be refunded (unless product is damaged or contains an error caused by Company) and in some cases the size of your refund may be reduced if your order drops from a free to paid shipping level.  Return shipping charges are your responsibility.

Only products that are in new, sealed, reusable condition, in their original packaging may be returned for a refund or credit. Custom printed, cut or other specialty products may not be returned unless delivered to you in damaged condition or containing an error caused by Company. If a product arrives in damaged condition or contains an error caused by Company, then shipping charges will be paid by Company.

Please include your order number and a description of the issue you are experiencing with your product when returned. Refunds will be made in the same form of payment originally used for purchase. Refunds are generally processed within 14 business days of processing your returned products. A restocking fee of 20% may be applied in Company’s discretion for returns that are not due to damage or fault of Company.

Products should be returned to: Stamps Done Right, Inc., 1072 Madison Avenue, Lakewood, NJ 08701. To obtain product return instructions send an email to: sales@stampsdoneright.com.

Any loss occurring during return shipping is your responsibility. Accordingly, Company advises that you insure all return shipments and use a shipping method that tracks and verifies the delivery. Indicate in the return package whether you a requesting a refund or credit. If you choose a refund, we will email you when the credit has been submitted to your credit card. Credit card companies vary in the time it takes for a credit to appear on your monthly statement. Please allow one to two billing cycles for the refund to appear on your statement.

Please see the Website for further information regarding our Refund Policy.
 
PRODUCT DESCRIPTIONS
 
In offering product descriptions, we attempt to be accurate, but we do not warrant that any product description is accurate, complete, or error-free. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mispriced. In these cases, we will notify you before shipping the product of the corrected price and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order
 
USER REPRESENTATIONS
 
Regarding Your Information
 
By using the Company Services, you represent and warrant that:
a.    all account information you submit is truthful and accurate;
b.    you will maintain the accuracy of such information;
c.    you will keep your password confidential and will be responsible for all use of your password and account;
d.    you are not a minor in the jurisdiction in which you reside; and
e.    your use of the Company Services does not violate any applicable law or regulation.
 
SUBMISSIONS
 
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Company makes it available. Prohibited activity includes, but is not limited to:

a.    systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
b.    making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
c.    tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
d.    making improper use of Company’s support services or submitting false reports of abuse or misconduct;
e.    engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
f.     interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
g.    attempting to impersonate another user or person or using the username of another user;
h.    using the Company Services as part of any effort to compete with Company or to provide services as a service bureau;
i.      deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
j.     attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
k.    harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you;
l.      deleting the copyright or other proprietary rights notice from any Contribution or Company Content;
m.  disparaging, tarnishing, or otherwise harming, in Company’s opinion, Company and/or the Website; and
n.    using the Website in a manner inconsistent with any and all applicable laws and regulations.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of the Website or the Company Content therein.  The use and access rights granted herein do not include any right to use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that is competitive with the Website.
 
THIRD PARTY WEBSITES AND CONTENT
 
The Website contains (or you may be sent through the Website or the Company Service) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
 
SITE MANAGEMENT
 
Company reserves the right but does not have the obligation to:
 
a.    monitor the Website for violations of this Agreement;
b.    take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user  to law enforcement authorities;
c.    in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy; and
d.    otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

PRIVACY

We care about the privacy of our users. Please review the Company Privacy Policy. By using the Company Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or the Company Services, you are consenting to the terms of Privacy Policy.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
 
MODIFICATIONS
 
To Agreement
 
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings (if applicable) to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.
 
To Services
 
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
 
DISPUTES
 
Between Users
 
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed by the law of the State of New Jersey, excluding such state’s conflicts of law rules.  Any legal action of whatever nature by or against Company arising out of or related in any respect to this Website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Ocean County, New Jersey; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Company Service (including your visit to or use of the Website and/or the Company Service) be instituted more than two (2) years after the cause of action arose.
 
CORRECTIONS
 
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
 
DISCLAIMERS
 
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE, AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS AND PRODUCTS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS AND PRODUCTS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
 
The Company reserves the right to change any and all content, software and other items used or contained in the Website and any Company Services offered through the Website at any time without notice.
 
LIMITATIONS OF LIABILITY
 
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, COMPANY SERVICES, OR PURCHASE OF PRODUCTS OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR PRODUCTS OR SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
 
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 
 
INDEMNITY
 
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your purchase and use of products or services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
 
SWEEPSTAKES
 
From time to time, Company may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
 
NOTICES
 
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address provided below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
 
MISCELLANEOUS
 
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control.  If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
 
CONTACT US 
 
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
 
 
Stamps Done Right, Inc.
1072 Madison Avenue
Lakewood, NJ 08701
 
Phone: (800) 513-7309
Fax: (800) 513-7310

email: sales@stampsdoneright.com

Hours: Monday through Thursday: 9:30 am to 5:00 pm EST; Friday: 9:30 am to 1:00 pm EST.