BasicGrey : User Terms and Conditions

User Terms and Conditions

General Terms and Conditions

All users of this web site agree that access to and use of this web site is subject to the following terms and conditions and any other applicable law. If you do not agree to these terms and conditions, please do not use this web site.

Copyright

The entire content included in this web site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BasicGrey®, LLC. The collective work includes works that are licensed to BasicGrey®. Permission is granted to electronically copy and print hard copy portions of this web site for the sole purpose of placing an order with the fulfillment provider or purchasing BasicGrey® products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the web site solely for your own non-commercial use, or to place an order with the fulfillment provider or to purchase BasicGrey® products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this web site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Web site.

Registered Trademarks

All trademarks, service marks and trade names of BasicGrey® used in the web site, (including but not limited to the BasicGrey® name and logo) are trademarks or registered trademarks of BasicGrey®, LLC.

Warranty Disclaimer

This web site and the materials and products on this web site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BasicGrey® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BasicGrey® does not represent or warrant that the functions contained in the web site will be uninterrupted or error-free, that the defects will be corrected, or that this web site or the server that makes the web site available are free of viruses or other harmful components. BasicGrey® does not make any warrantees or representations regarding the use of the materials in this web site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

BasicGrey® shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this web site or the performance of the products, even if BasicGrey® has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a BasicGrey® product is mistakenly listed at an incorrect price, BasicGrey® reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. BasicGrey® reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BasicGrey® shall issue a credit to your credit card account in the amount of the listed price.

Term and Termination

These terms and conditions are applicable to you upon your accessing the web site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by BasicGrey® without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

BasicGrey® may deliver notice to you by means of e-mail, a general notice on the web site, or by other reliable method to the address you have provided to BasicGrey®.

Your use of this web site shall be governed in all respects by the laws of the State of Utah, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this web site shall be in the state or federal courts located in Utah. Any cause of action or claim you may have with respect to the web site must be commenced within one (1) year after the claim or cause of action arises. BasicGrey®’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BasicGrey® may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Web Site

Harassment in any manner or form on the web site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BasicGrey® or other licensed employee, host, or representative, as well as other members or visitors on the web site is prohibited. You may not upload to, distribute, or otherwise publish through the web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the web site or use the web site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

BasicGrey® does not and cannot review all communications and materials posted to or created by users accessing the Web site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Web site, BasicGrey® is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Web site. However, BasicGrey® reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to BasicGrey® in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless BasicGrey®, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Web site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, BasicGrey® may link to web sites operated by third parties. However, even if the third party is affiliated with BasicGrey®, BasicGrey® has no control over these linked web sites, all of which have separate privacy and data collection practices, independent of BasicGrey®. These linked web sites are only for your convenience and, therefore, you access them at your own risk. Nonetheless, BasicGrey® seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own web site, but for web sites it links to as well (including if a specific link does not work).

Published on December 10, 2009

Privacy Policy

BasicGrey® respects your online privacy. We appreciate your support as we continue to maintain your trust and confidence by providing you a safe and secure online atmosphere in which to enjoy our services. By using or accessing the BasicGrey® web site, you signify your acknowledgment and assent to the Privacy Policy set forth below. If you do not agree to this policy, please do not use this Web site. BasicGrey® can revise this policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

Privacy

BasicGrey® does not collect any personally identifiable information, unless you voluntarily provide this information. When you disclose your personal information, it will be used solely for the purpose of fulfilling your order or responding to your request or communicating information. BasicGrey® does not sell, trade, rent, barter or share personally identifiable information, to anyone.

Data Collection

BasicGrey® tracks certain general information about web site visitors to help assess important tracking and research statistics important to our business. This information helps us to provide a superior site by relating important statistical data concerning the content, design of our site.

Secure Servers

When accessing your account on our site, your information is transferred over to a secure server. The secure server software (SSL) encrypts all information data you enter before it is sent to us, protecting your information against unauthorized access.

Cookies and IP Tracking

This site may use cookies for site administration purposes. If for any reason you do not wish to take advantage of cookies, you may have your browser not accept them.

Orders

When you place an order for a product, our in-house fulfillment center needs to know your name, email address, mailing address, and credit card number and expiration date. This personal information is required so that we can process and fulfill your order, send an order or shipping confirmation, as well as notify you of your order status. All internet transactions with our in-house fulfillment center are performed on a secure server that encrypts your credit card information to ensure it is not read by unauthorized third parties.

To help ensure others will not have access to your credit card information while on our web site, we urge you to sign off your account and close your browser window when you have finished your visit, especially if you are sharing a computer with someone else or are using a computer in a public place.

Parents and Legal Guardians: Policies for Children

BasicGrey® encourages parents and guardians to monitor and participate in their children's online activities. Unless you are viewing a Web site directed specifically to children, no information should be submitted to this site by users under 13 years of age, and users under 13 years old are not allowed to register for newsletters, clubs or activities. In addition, users less than 18 years of age are not allowed to make purchases or participate in contests, except for those directed specifically to children. Where appropriate, BasicGrey® may ask you to indicate your age to verify compliance with these policies.

Proprietary Rights of BasicGrey®

The site and software used with the site contains information that is protected by copyrights, trademarks, trade secret and other proprietary rights and laws. The information presented on the site is protected by Intellectual Property Laws; therefore you agree not to sell, rent, lease, distribute, modify or create works from the site, in whole or in part, unless you received written authorization from BasicGrey® to do so.

Intellectual Property, Concepts, Ideas, or Suggestions

Please do not send intellectual property, concepts, creative ideas, or suggestions to BasicGrey®. If you choose to send/upload information of this nature in any form, including, but not limited to, notes, drawings, ideas, concepts or pictures etc, you do so at your own risk and discretion. All submissions become and remain the property of BasicGrey®. BasicGrey® has exclusive ownership of any and all submissions and is entitled to unrestricted use of the submissions for any purpose without compensation to the provider.

Your Consent

By using our site you agree to the terms and conditions of this privacy policy, including the collection and use of the personal information you provide BasicGrey®. Please feel free to contact BasicGrey® if you have any questions about this policy: info@basicgrey.com .

Published on December 10, 2009

Gallery User Agreement

Thank you for your interest in sharing your submission with BasicGrey®. We appreciate your creative contributions and love to see what you’ve designed with our products. However, please be aware of the following Terms of Use.

Uploading/Submissions

By uploading or submitting layouts to BasicGrey®, you are automatically granting BasicGrey® permission to publish your creative works on our website. All submissions become and remain the property of BasicGrey®. BasicGrey® has exclusive ownership of any and all submissions and is entitled to unrestricted use of the submissions for any purpose without compensation to the provider. Frequently we contract with customers to use their work in a variety of different medias. Therefore it is our policy to require customers to complete an online registration form in order to submit creative works.

It is entirely up to BasicGrey®, its employees, officers, owners and all affiliated with BasicGrey® to refuse some or all works submitted. Please keep in mind: (1) that a limited number of layouts will be featured at a time; (2) when submitting multiple layouts for consideration, not all of them will appear in the gallery; and (3) BasicGrey® does not automatically post all submissions entered. BasicGrey® is not responsible for any claim or demand, including attorneys’ fees, made by any third party due to your violation of the rights of another.

Selection Policy

Because this is a manufacturer’s gallery, BasicGrey’s selection process includes, but is not limited to, the following criteria: (1) images that predominantly feature BasicGrey® products; (2) images that are clear, crisp and easy to view; (3) images that show a unique or unusual use of BasicGrey® products. Images that have been partially uploaded (a full image does not appear), are blurry, dark or unreadable, or have been submitted multiple times, will be deleted automatically.

Length of Time

To maintain a fresh and current selection of layouts, and provide all scrapbookers and paper artists a chance to appear in our Gallery, all layouts and artwork approved for the Gallery will be deleted in 60-90 days.

Artwork

Because the BasicGrey® gallery is a public internet site, BasicGrey® cannot be held responsible for any gallery images that may be downloaded by others and used for any purpose.

Consent

By using this feature of our site you agree to the terms and conditions of this policy, including the use of creative works and submissions as previously outlined. Please feel free to contact BasicGrey® if you have any questions about this policy: info@basicgrey.com.

Published on December 10, 2009

Angel Policy

BasicGrey® papers and products are developed for the innovative use of our customers to create a wide variety of decorative projects, including scrapbook pages, cards, altered art and home décor, fabric, and digital downloads. BasicGrey® does not object to the use of our products in another product for resale in a limited quantity; however BasicGrey® does have a few guidelines, which may be modified at BasicGrey’s discretion.

No BasicGrey® paper, fabric, and digital product or artwork may be altered or mechanically reproduced or copied by any means (including, without limitation, to photocopying, computer scanning and printing, photographing, using overhead or opaque projectors for enlarging, or hand-copying images, etc.). When you do create a project for resale, the item must be personally made by you and not mass reproduced.

BasicGrey®’s artwork, trademarks, logos, intellectual property, proprietary designs, etc, may not be used or incorporated into a company or personal logo, trademark, trade name or trade dress; may not be used in any manner that is considered harmful by or toward BasicGrey®; and may not be used in any other way that implies an endorsement by BasicGrey® of your product or project, or an affiliation of you with BasicGrey®.

If you have any questions concerning this Angel Policy, please contact: info@basicgrey.com.

Published on December 10, 2009

Account Activation

To create a user account with BasicGrey® you will need to go to “Create an Account” on the BasicGrey® Website and follow the required steps.

Published on December 10, 2009

Return Policy

Our 30-Day Satisfaction Guarantee

We want you to be happy with your purchase at BasicGrey.com. You may return most un-used, non-downloadable product still in its original packaging within 30 days of purchase. We do not accept returns by COD. If we cannot determine the purchase price of a returned item, a refund or credit is issued at the current price. Shipping and processing charges are not refunded. Please pack your shipment securely and return it to us via UPS or insured mail for your protection.

To return an item:

Please contact a Customer Service Specialist for RMA# by calling (801)544-1116 or by email discrepancy@basicgrey.com
Ship the item to us freight prepaid; shipping costs are not refundable
Include a copy of the original invoice
Include the credit card number used to place the order - we do not keep your credit card information on file

All returned items must be received by BasicGrey® in the same condition as when the items left our warehouse.
Returns are usually processed within 14 business days.
Once we receive your returned product in re-sellable condition, we will issue you a credit.
If you placed your order using a credit card and would like the return amount refunded to your card, please provide the credit card number and expiration date as we keep limited credit card information on file.
If your credit card number is not included with the return or you paid using an alternate method, you will be issued a customer credit to be applied to your account for use on your next order.
All product returned with an RMA is subject to a 20% restocking fee. All product returned without an RMA is subject to a 50% restocking fee. No credit will be issued for non-returnable products.

Send Returns to: BasicGrey, Returns Department, 421 North Marshall Way, Ste #2, Layton, UT 84041. Our phone #: (801)544-1116

Downloadable Products

BasicGrey® does not accept returns on downloadable products. If you are having trouble using or downloading a product, Please contact a Customer Service Specialist by calling (801)544-1116 or by email downloads@basicgrey.com for assistance.

Missing/Damaged and Call Tags

Domestic

Notify us within 5 days of receiving the products in your order that have been damaged due to shipping by contacting a Customer Service Specialist by calling (801)544-1116 or by email at discrepancy@basicgrey.com. You may also complete the Report A Problem form from the History page when logged into your account. Please do not ship the package back to us until you have contacted BasicGrey®. In this event, keep the damaged box your shipment came in; USPS or the UPS driver may need to see it as proof when we submit a damage claim. It is advisable to capture a digital picture of the damaged box and contents for use in processing the discrepancy.

International

BasicGrey® will only issue a credit for our international customers. You may also contact a Customer Service Specialist by calling (801)544-1116 or by email at discrepancy@basicgrey.com

Published on December 10, 2009

Cancellation or Change to Existing Order

You may make changes to an order up until it reaches the "Processing" stage. If the order's status is "Processing", "Shipped" or "Complete", the order cannot be modified. From your account you can follow the steps provided below. You may also contact a Customer Service Specialist by calling (801)544-1116 or by email at info@basicgrey.com

Change an Order or to Report A Problem

Log into your Account
View the History page
Select the Report A Problem link to the right of the order# that you want to address
Specify needed changes (I.e. add/remove/cancel) for items that need adjustment be sure to include Item #, Quantity, and Item Description
Select the Submit button to complete.

Cancel an Order

Log into your Account
View the History page
Select the Cancel Order link to the right of the order# that you want to cancel
Select the Submit button to complete.

Orders with Coupons

If a coupon was applied to an order that is returned or canceled, you will be credited for the entire order minus the coupon amount. Coupons are treated as discounts and will not be recreated or reissued.

For orders with multiple items where only some items are cancelled, your order total will be recalculated to determine if the coupon still applies. For example, some coupons require a minimum purchase amount or are coupons for specific products only. If your coupon does not apply, or your new order total is greater than the original total, a message will appear stating that your order cannot be cancelled.

Published on December 10, 2009

Payment Conditions

We hope that your experience is a pleasant one! As you use our shopping cart to check out, you will be given options to pay for your order. We accept Visa, Master Card, Discover, and American Express.

Credit Card on File

Please be aware that any credit card information that you provide in your Account Profile under the Payment section and or added to your order upon checking out are retained. Please note that our web site is extremely secure and we encourage you to use our online processing system to place your orders.

Credit Card Declines

It is your responsibility when placing an order that you provide valid credit card information. After an initial credit card decline, customer will be contacted. A $30 fee will be applied after a credit card has been declined for a second time. You may update or change the Credit Card on an order by contacting our Customer Service Specialist at (801)544-1116 or by email at info@basicgrey.com up until it reaches the “Processing” stage. If the order’s status is “Processing”, “Shipped” or “Complete”, the Credit Card cannot be changed.

We do not accept COD or Purchase Orders.
We reserve the right to refuse service.
***All prices quoted on Basigrey.com are in US dollars.

Published on December 10, 2009

Shipping Terms

Orders are typically shipped within 1 to 3 business days of when they are placed. Some items, such as new products or out of stocks, may not be available to ship when your order is created. During the checkout process you will be asked to choose how you would like us to treat any items that may delay your order.

Shipping Rates

Shipping Rates are calculated based on the weight of the shipment, the distance the package has to travel, and the selected shipping method. Rush shipping is available for most items and addresses.

Standard Shipping Domestic

Standard shipping for domestic orders is UPS Ground Service, this includes Alaska and Hawaii. Estimated delivery time based on location is 1 to 5 business days. We ship to P.O. Boxes and APO/FPO by USPS Priority Mail. Estimated delivery time is 1 to 7 business days.

International

Standard shipping for international orders is USPS Priority International Mail. Estimated delivery time based on location is 7 to 15 days.

Please be aware that additional taxes or brokerage fees may be charged for international orders upon delivery

US Postal Service (USPS)

BasicGrey® can not be held responsible for delayed shipments, damaged shipments, or shipments that are lost by the Postal Service.

We are able to ship most items to P.O. Boxes and APO/FPO destinations. If we determine that an item can not be shipped to a P.O. Box we will ask you to provide a physical shipping address. Delivery estimates for APO/FPO are based on delivery to the US Military post office not on physical delivery to the customer.

Important Delivery Information

Before signing the carrier’s delivery receipt please inspect the carton for any damage; crushing, dents, creasing, etc., and note this on the delivery receipt. Once you sign the delivery receipt and accept the shipment the driver will depart and it will be your responsibility to unpack the item. The driver is not required to wait for you to un-wrap the item and inspect it unless there is visible damage to the package.

If, during delivery, it is obvious that there is damage, you may ask the driver to open the carton and inspect the contents with you. Upon inspection, if damage is found you may refuse the shipment and write, "Refused, due to damage" on the delivery receipt. Be sure to keep a copy of the delivery receipt with your damage notations and contact our Customer Service Specialist at (801)544-1116 or via email at info@basicgrey.com immediately. After accepting delivery, please keep all packaging materials for 30 days in case you discover damage or defects after delivery.

Most oversized items will be delivered only to the nearest ground-level entrance of your home, business, or residence. Exceptions include apartments, unusual driveways, or any other obstacles which impede delivery.

Order Tracking

You will receive an email with tracking information upon shipment of your order. Tracking information can also be viewed in the History section when logged into your account.

Published on December 10, 2009