Terms and Conditions

QUICK LINKS: TERMS AND CONDITIONS, SHIPPING, PRICES AND AVAILABILITY, WARRANTY, CANCELLATIONS, BACKORDERS, DAMAGE CLAIMS

TERMS AND CONDITIONS

This Terms of Sale (the "Agreement") constitutes a binding legal contract between you and OTT Enterprises, LLC, dba Amazon Kinkade ("OTT") the owner and operator of the www.kinkadestudios.com Web site (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement and our Return, Legal and Privacy Policies, as they may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.

We take the issue of privacy on the Internet very seriously.

To view our Return policy, click here.
To view our Legal policy, click here.
To view our Privacy policy, click here.

SHIPPING

Most orders ship within 7-10 business days from date of purchase unless otherwise noted, and arrive between 7-10 business days from date of purchase. Custom Trees take longer. We will contact customers by email on any order that is expected to take longer to ship than 10 business days. OTT is not responsible for non-delivery due to circumstances beyond our control, such as labor and/or maritime strikes, customs delays, and Acts of God.

PLEASE NOTE: Shipping costs shown upon checkout are estimates using current Fed Ex and UPS Ground Rate Guides and the weight of the item(s) purchased and may not accurately reflect the actual shipping charge for the item(s) ordered depending upon the item(s) actual dimensions. If the shipping cost calculated upon checkout is less than the actual shipping charges incurred by OTT, the customer may receive an additional charge for shipping. Ground shipping is only applicable to the 48 contiguous states. International orders and orders to Hawaii and Alaska will be charged actual shipping cost minus regular domestic ground shipping cost.

PRICES AND AVAILABILITY

PRICES AND AVAILABILITY OF ALL MERCHANDISE ARE SUBJECT TO CHANGE WITHOUT NOTICE. Despite our best efforts to sell online only those products we have in stock, quantity may not be available for all products. If the product you want to order is out of stock, we will contact the buyer before backordering the item.

WARRANTY

We warrant our products to be as described and free from defects. Items that are not as described or are defective will be refunded per our Return Policy as written on this Site.

THE FOREGOING WARRANTY AND RETURN POLICY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES. OTT ENTERPRISES, LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, 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 A PRODUCT 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.

CANCELLATIONS

An order placed by phone or from our Site may be cancelled without charge before the end of the following business day or prior to the order shipping whichever is less. Orders cancelled after this will be accessed a 15% cancellation fee. Items that have been processed through to shipping and a tracking number generated cannot be cancelled.

BACKORDERS

Items (not including custom items or specialty-sourced products) that are not able to be shipped within 10 business days will be placed in back order status. Customer will be notified of this status and given the option to keep the item on backorder or cancel the order
. If the customer chooses to keep the item on back order, the item will be shipped automatically, without notice, up to 90 days, unless the customer specified a cancellation date. Discontinued items or sold out items will be automatically canceled, and amount of backorder will be credited back to customer’s credit card or checking account. 

DAMAGE CLAIMS


The purchaser should inspect their shipment immediately upon receipt. Please see our RETURN POLICY for more information on damage claims.
If you received an item that was damaged in shipping you must note the damage on the bill of lading or notify the delivery driver (for FedEx or UPS) upon receipt. If the item was left without your signature please contact us for instructions. All damaged items must be brought to our attention within 2 business days of your receipt of the item. We will not process a refund or exchange until the claims process is complete. This process can take 2-3 weeks. You must keep all packaging materials. To help you with the claims process we will gather information for you and file the claim with the shipping company. Any refund will be subject to the limitations of the shipping company's damage claim policies.

Damages must be reported within 2 business days of receipt of merchandise

Posted 6-27-06

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