Terms & Conditions
Agreement between User and www.artbyrubystathers.com

Welcome to www.artbyrubystathers.com. The www.artbyrubystathers.com website (the "Site") is comprised of various web pages operated by Art by Ruby Stathers. www.artbyrubystathers.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.artbyrubystathers.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.artbyrubystathers.com is a Online Retail Store Site.
Designs are created by Ruby Stathers and are digitally printed on various products by a drop- shipping company when the order is placed. Ruby Stathers owns the rights to these designs.
 

Privacy
Your use of www.artbyrubystathers.com is subject to Art by Ruby Stathers's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
 

Electronic Communications
Visiting www.artbyrubystathers.com or sending emails to Art by Ruby Stathers constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
 

Children Under Thirteen
Art by Ruby Stathers does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.artbyrubystathers.com only with permission of a parent or guardian.
 

Cancellation/Refund Policy
I gladly accept returns and exchanges for products recieved with defects or damages.  Contact me within: 14 days of delivery
Ship items back within: 30 days of delivery I don't accept cancellations
But please contact me if you have any problems with your order. I received a wrong/damaged product, what should I do? 
We’re so sorry if the product you ordered arrived damaged. To help us resolve this for you quickly, please email us at rubystathersart@gmail.com within a weeks' time with photos of the damaged product, your order number, and any other details you may have about your order. We’ll get back to you with a resolution as soon as possible! 

 

Though rare, it's possible that an item you ordered was mislabelled. If that’s the case, please let us know at rubystathersart@gmail.com within a week after receiving your order. Include your order number and photos of the mislabeled item, and we’ll send you a new one, or issue a refund! 
Because of the nature of these items, unless they arrive damaged or defective, I can't accept returns for:
Intimate items (for health/hygiene reasons)
Sorry, we do not refund orders for buyer’s remorse or an incorrect size/color choice. Please refer to size guides prior to ordering.
 

Delivery
When will I get my order? 
Usually, it takes 3–7 days to fulfill an order, after which it’s shipped out. The shipping time depends on your location, but can be estimated as follows: 
●   USA: 3–4 business days ●   Europe: 6–8 business days ●   Australia: 2–14 business days ●  Japan: 4–8 business days
●   International: 10–20 business days

 

[Covid-19] When will I get my order?
Our fulfillment times [for all products/t-shirts/phone cases/etc.] may be longer than usual and may continue to increase until things get back to normal. We're seeing delays in our supply chain, including distributors and shipping carriers as the entire industry is grappling with challenges.
Where will my order ship from? 
We work with an on-demand order fulfillment company with facilities worldwide! Will I be charged customs for my order? 
An additional customs and tax fee can occur on international orders. This fee is not in our control and is assessed by your local customs office. Customs policies vary widely for every country so please check with your local customs office directly to see if they apply duties and taxes to your purchases.
 

My order should be here by now, but I still don't have it. What should I do?
Before getting in touch with us, please help us out by doing the following:
●   Check your shipping confirmation email for any mistakes in the delivery address ●   Ask your local post office if they have your package ●   Stop by your neighbors in case the courier left the package with them
If the shipping address was correct, and the package wasn't left at the post office or at your neighbor’s, get in touch with us at rubystathersart@gmail.com with your order number.
If you did find a mistake in your delivery address, we can send you a replacement order, but shipping will be at your own cost.
If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility.

Conditions of return
Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.

 

Orders 
How are your products made? 
For items (excluding original paintings, jewelry, and the set of "Places of Peace"*):  I work with a print-on-demand drop shipper. They have locations worldwide, so depending on where you are, your orders are printed and shipped from the facility that can do it most efficiently! 
Tip: Check out Printful's production footage to see how we fulfill specific products.

 

For items including the excluded above* these handmade items are shipped in carefully wrapped packaging and sent from my either USPS or UPS in Staunton, Virginia. 

 

How do I track my order? 
You’ll receive a tracking link via email when your order ships out. If you have any questions about your tracking or shipment, drop me a line at rubystathersart@gmail.com. 

 

This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

Links to Third Party Sites/Third Party Services

www.artbyrubystathers.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Art by Ruby Stathers and Art by Ruby Stathers is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Art by Ruby Stathers is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Art by Ruby Stathers of the site or any association with its operators.

 

Certain services made available via www.artbyrubystathers.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.artbyrubystathers.com domain, you hereby acknowledge and consent that Art by Ruby Stathers may share such information and data with any third party with whom Art by Ruby Stathers has a contractual relationship to provide the requested product, service or functionality on behalf of www.artbyrubystathers.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.artbyrubystathers.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Art by Ruby Stathers that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Art by Ruby Stathers or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Art by Ruby Stathers content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Art by Ruby Stathers and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Art by Ruby Stathers or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Art by Ruby Stathers has no obligation to monitor the Communication Services. However, Art by Ruby Stathers reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Art by Ruby Stathers reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Art by Ruby Stathers reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Art by Ruby Stathers's sole discretion.

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Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Art by Ruby Stathers does not control or endorse the content, messages or information found in any Communication Service and, therefore, Art by Ruby Stathers specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Art by Ruby Stathers spokespersons, and their views do not necessarily reflect those of Art by Ruby Stathers.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to www.artbyrubystathers.com or Posted on Any Art by Ruby Stathers Web Page

Art by Ruby Stathers does not claim ownership of the materials you provide to www.artbyrubystathers.com (including feedback and suggestions) or post, upload, input or submit to any Art by Ruby Stathers Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Art by Ruby Stathers, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, translate, and reformat your Submission; and to publish your name in connection with your Submission.

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No compensation will be paid with respect to the use of your Submission, as provided herein. Art by Ruby Stathers is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Art by Ruby Stathers's sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

International Users

The Service is controlled, operated and administered by Art by Ruby Stathers from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Art by Ruby Stathers Content accessed through www.artbyrubystathers.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Art by Ruby Stathers, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Art by Ruby Stathers reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Art by Ruby Stathers in asserting any available defenses.

 

Arbitration

“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, excluding only claims under the Limited Warranty and claims brought by Users living in the European Economic Area or Switzerland against Printful (drop-shipping company) in European Economic Area.  All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement.  The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties.  Unless Printful and Art by Ruby Stathers agree otherwise, any arbitration hearings will take place in Charlotte, North Carolina, except that, for Users, any arbitration hearings will take place in the county of your residence.  Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and Printful acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. Art by Ruby Stathers and Printful agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate. 

 

TO THE FULLEST EXTENT PERMITTED BY LAW, RUBY STATHERS AND PRINTFUL KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE).  THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS RUBY STATHERS AND PRINTFUL WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, RUBY STATHERS AND PRINTFUL KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES. 

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Art by Ruby Stathers agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ART BY RUBY STATHERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

ART BY RUBY STATHERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ART BY RUBY STATHERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ART BY RUBY STATHERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ART BY RUBY STATHERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Art by Ruby Stathers reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Art by Ruby Stathers as a result of this agreement or use of the Site. Art by Ruby Stathers's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Art by Ruby Stathers's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Art by Ruby Stathers with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Art by Ruby Stathers with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Art by Ruby Stathers with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Art by Ruby Stathers reserves the right, in its sole discretion, to change the Terms under which www.artbyrubystathers.com is offered. The most current version of the Terms will supersede all previous versions. Art by Ruby Stathers encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Art by Ruby Stathers welcomes your questions or comments regarding the Terms:

 

Art by Ruby Stathers

 

Email Address:

rubystathersart@gmail.com

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Effective as of June 13, 2021

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