This Terms of Conditions & Sale Agreement (this "Agreement") constitutes a binding legal contract between you and Rustling Palms Studio the owner and operator of the RustlingPalmsStudio.com website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted. Rustling Palms Studio takes the issue of privacy on the Internet very seriously. To view Your Privacy Rights, click here.
Rustling Palms Studio is located in Florida. Due to recent changes in sales tax laws, Rustling Palms Studio will collect sales tax on all orders being shipped to a Florida address.
Product Description and Product Images
We attempt to describe the products and depict the products with an image as accurately as possible however we cannot warrant that they are completely error free. Regarding our wood products, the variations in color, grain pattern and texture between items made of the same wood species are natural deviations and are beyond our control. Each of the items we make is unique and one-of-a-kind so we do not identically duplicate any item.
We have made every effort to display the items featured on this Site as accurately as possible. Please note, however, that the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the capabilities of your monitor's display or other devices such as tablets and smart phones of any color or detail.
Payments and Disputed Payments
Rustling Palms Studio accepts major credit cards and PayPal. As a general rule, Rustling Palms Studio does not accept checks, drafts, or money orders for orders submitted through the Site. Under special circumstances we may accept a check, draft, or money order, but this must be discussed with us prior to making the purchase. If we approve such a transaction we must receive the check, draft or money order, have it clear our bank, before we ship the products. You will bear all costs associated with a disputed credit card charge which results in action from Rustling Palms Studio’s merchant account provider, otherwise known as "chargebacks".
Pricing of Products
Prices offered on the Site are quoted in U.S. Dollars. Such prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
Once you place an order, Rustling Palms Studio will send you a personalized email within one business day and provide you with an order confirmation number.
We make every attempt to ship your order within 2 business days and most orders will ship the same business day. If we cannot ship the order within 2 business days we will contact you with an estimated shipping date and determine how you would like to proceed.
Rustling Palms Studio ships its products via USPS Priority Mail. Most packages arrive within 3 business days and each shipment automatically receives a tracking number and insurance coverage of $50. Additional insurance or expedited service may be purchased for a fee. When your order is shipped, Rustling Palms Studio will send you a shipment confirmation email which will contain the USPS tracking number.
Rustling Palms Studio cannot be responsible for any damage or loss incurred during shipping.
We handcraft all of our products from the finest materials and hardware and expect them to provide many years of enjoyable use, however, we cannot warrant damage that may have occurred due to misuse and/or normal wear and tear.
We handcraft all of our products from the finest materials and hardware and expect them to provide many years of enjoyable use. Our goal is to exceed your expectations! However, if you are not satisfied with the performance of your purchase please contact us within 30 days of the purchase date and we will make every effort to rectify the problem. We, at our discretion, will repair, replace your item with a comparable item of your choice or refund your purchase
Disclaimer of Warranties
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF Rustling Palms Studio. YOU ACKNOWLEDGE BY YOUR USE OF Rustling Palms Studio' PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH Rustling Palms Studio' PRODUCTS. Rustling Palms Studio EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Waiver and Limitation of Liability
Rustling Palms Studio HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT Rustling Palms Studio WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301. Follow all instructions and heed all warnings accompanying any products associated with the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. All tools used for construction of craft products must be used carefully and with adult supervision. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST Rustling Palms Studio ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Rustling Palms Studio FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.
Governing Law and Venue
This Agreement, the entire relationship between you and Rustling Palms Studio, and any litigation or other legal proceeding between you and Rustling Palms Studio (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its choice of law rules.