Terms and Conditions

A. TERMS OF SALE

THE LEGAL AGREEMENTS SET OUT BELOW GOVERNS YOUR PURCHASES FROM ONE-EYED CAT CREATIONS, LLC. TO AGREE TO THESE TERMS, CHECK OFF THE “AGREE” CHECKBOX ON  SUBMISSION OF ANY FORM AND/OR AT CHECKOUT. IF YOU DO NOT AGREE TO THESE  TERMS, DO NOT CHECK OFF THE “AGREE” CHECKBOX, AND DO NOT CONTINUE WITH  CHECKOUT.

PAYMENTS, TAXES, AND REFUND POLICY

One-Eyed Cat Creations accepts these forms of payment:  credit and debit cards issued by U.S. & International banks, and, at  our discretion, checks, transfers and wires. If a credit card is being  used for a transaction, One-Eyed Cat Creations may obtain pre-approval for an  amount up to the amount of the order. Billing occurs at the time of or  shortly after your transaction.

Customer agrees to pay for all products purchased through One-Eyed Cat Creations, and One-Eyed Cat Creations may charge the customer’s credit card for any  products purchased and for any additional amounts (including any taxes  or shipping costs, as applicable) that may be accrued by or in  connection with the purchase. THE CUSTOMER IS RESPONSIBLE FOR THE TIMELY  PAYMENT OF ALL FEES AND FOR PROVIDING One-Eyed Cat Creations WITH A VALID CREDIT  CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card  designated by the customer during the transaction.

Total price will include the cost of the product plus any applicable  Kentucky State sales tax; such sales tax is based on the ship-to address  and the sales tax rate in effect at the time you purchase the product.

The cost of the Product(s) and the subsequent Shipping and Handling  fees do not include brokerage fees, import duties, VAT or tariffs. These  are the responsibility of the customer and are usually collected upon  delivery. Please do not ask us to declare a lower value than the sale  price for customs.

When orders contain more than one item, those items may each have a  different estimated shipping time. Unless otherwise noted, items will  ship together at the later of the listed dates.

“Free Shipping” offers may be limited by location or other factors.  Items listed with Free Shipping do not apply toward any discounted  volume shipping offers.

All sales are final.

Prices for products offered via One-Eyed Cat Creations may change at any time,  and do not provide price protection or refunds in the event of a price  reduction or promotional offering.

If a product becomes unavailable following a transaction or if  technical problems prevent delivery of a product, a credit will be  issued or refund of the price paid, as determined by One-Eyed Cat Creations, LLC.

CANCELLATIONS

Orders for items that have not yet shipped are non-cancellable.  Should One-Eyed Cat Creations, at our discretion, make an exception and allow a  cancellation, a minimum cancellation fee of 20% of the item’s cost will  apply.

EXCHANGE AND RETURN POLICY

REFUND POLICY

Refunds will not be issued but only exchanges or repairs. By  purchasing the item(s), customer understands and accepts this policy on  defective manufacturing or materials.

DEFECTIVE OR DAMAGED ITEMS

Should you receive an item that appears defective or damaged, contact  One-Eyed Cat Creations within 24 hours via email at info@1eyedcatcreations.com with  photos of the item, including box and packaging. 

At our discretion, we may provide a Return Authorization Number and  paid shipping label so that the piece can be sent to us for, depending  on the item, repair or replacement. Goods must be sent back to us in the  original packaging. 

DEFECTIVE OR DAMAGED ITEMS THAT HAVE BEEN RE-SHIPPED AFTER ORIGINAL DELIVERY

Our goal is to deliver every item in great condition, however, our  responsibility for shipping damage ends at the original deliver-to  address from our order. This is because we can not make a shipping claim  once the item has been re-shipped, nor can we control handling by  inspectors or related damage from extra travel.

We still want to take care of our customers and make efforts to  support our original buyer. We have the following options for our  customers who’ve received a damaged/defective item that was delivered to  the original order’s address, then shipped by a third party to reach  you.

For a manufacturer’s defect that’s been re-shipped by a third party:

We may offer a partial refund, the amount of which will be determined by us, based on our valuation of the defect. 

We may offer to repair or replace (at our discretion) a defective  item or part. The customer is responsible for shipping the item/part  to-and-from our studio, however, in the case of manufacturer’s defect,  we will credit them for the original shipping cost from their order.

For a damaged item that’s been re-shipped by a third party:

We may offer to repair or replace (at our discretion) an item or  part. Because we can only manage shipments we’ve originated, the  customer will be responsible making any damage claims with the third  party shipping company that delivered the item to you. We may be able to  assist by providing an estimate detailing the cost of repair or  replacement of the item or part, so that you can request the company  cover such costs, along with the shipment of the items to our studio and  back to you as necessary. 

In absence of a successful claim, the customer will be responsible  for any shipping to or from our studio and cost of repair/replacement of  any damaged items that were shipped more than once.

As with any order that appears defective or damaged, contact Regal  Robot within 24 hours via email at info@1eyedcatcreations.com with photos of  the item, including box and packaging. None of the above will be honored  without contact, prior agreement and an RA number provided by our  studio.

RETURN OR EXCHANGE OF NON-DEFECTIVE, NON-DAMAGED ITEMS

While One-Eyed Cat Creations reserves the right to deny any exchange for any  reason, there may be instances where we are willing to allow an exchange  of a non-defective item for a replacement item. However, on the  occasion that we do authorize an exchange (and the exchange is not due  to manufacturer defects or shipping damage), all the following criteria  must be met:

• Exchange must be made within 30 days of receipt of the order. No exceptions.
• The replacement item must be in-stock, on-hand and available for shipment from One-Eyed Cat Creations.
• Product to be returned must be in excellent/mint condition. If the  original item(s) are not received in this condition, an exchange will  not be executed, and the item(s) within the return will be shipped back  to the customer at the customer’s expense.  Note: If the customer’s  returned item is left in One-Eyed Cat Creations’s possession for 90 days, it will  be considered abandoned and One-Eyed Cat Creations reserves the right to dispose  the item(s) within the return as seen fit and no refunds of any kind  will be given.
• Customer is responsible for all shipping, handling, taxes and duties, to and from One-Eyed Cat Creations, billed as a separate invoice. International customers: Any taxes or duties paid by One-Eyed Cat Creations to receive customer’s  product(s) will be charged directly to you. If One-Eyed Cat Creations does not  receive payment for these taxes or duties within 72 hours of request, we  will not accept the item and will instruct customs return it to its  point of origin.
• When shipping any item to us, include all original parts, packaging,  paperwork and all inner and outer boxes. Pack with great care as  returned items that arrive with excessive damage due to improper packing  may be assessed a damage product fee.
• A mandatory, non-refundable restocking fee of $25.00 US  per product exchange must be remitted by the customer prior to One-Eyed Cat Creations' acceptance of any return of non-damaged, non-defective items. The fee does not cover any additional shipping and handling costs that may arise, per the above.
• Due to the unique nature of One-Eyed Cat Creations products, it may be impossible to effect an exchange in some cases.
• Should One-Eyed Cat Creations make an exception and give a customer a monetary  refund, returned funds will be less any credit card company fees and  payment plan fees.

PRE-ORDERS

By pre-ordering products, the customer are authorizing One-Eyed Cat Creations to automatically charge your account upon submission of the order and obtain the product when it becomes available at a later date. Pre-orders are non-cancellable and non-refundable.

MADE-TO-ORDER and CUSTOM PRODUCTS

Made-to-order and Custom items are non-cancellable and non-refundable. No exceptions.

ABANDONED ORDERS

If a customer fails to provide a valid shipping address or to  otherwise coordinate taking possession of their order within 60 days of  their item(s) becoming available to ship, One-Eyed Cat Creations will consider the  order abandoned and reserves the right to cancel the order, less any  credit card company fees, payment plan fees and/or cancellation fees.

ELECTRONIC CONTRACTING

The customer’s purchase of goods from One-Eyed Cat Creations includes the  ability to enter into agreements and/or to make transactions  electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS  CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH  AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY  ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL  TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF  CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access  and retain your electronic records, you may be required to have certain  hardware and software, which are your sole responsibility.

One-Eyed Cat Creations, LLC. is not responsible for either typographic or graphical errors.

COUPON CODES AND DISCOUNTS

Coupons can only be redeemed through transactions online. They cannot  be added to your order after it is submitted and can not be applied  retroactively to past orders. Coupons may not be combined with other  offers. Coupons are valid for a limited time only. Applicable shipping  and handling charges and taxes still apply to all products, coupons do  not apply to shipping, handling or taxes.

If you return (see Exchange and Return Policy above) any items  purchased with a coupon, the coupon or discount value will be subtracted  from the return credit.

B. TERMS AND CONDITIONS

THIS LEGAL AGREEMENT BETWEEN YOU AND One-Eyed Cat Creations, LLC. (“One-Eyed Cat Creations”) GOVERNS YOUR USE OF THE One-Eyed Cat Creations WEBSITE (THE “SITE”).

WEBSITE SERVICE

One-Eyed Cat Creations, LLC. is the provider of the Site, which permits you to  purchase merchandise (“Products”) for end user use only under the terms  and conditions set forth in this Agreement.

REQUIREMENTS FOR USE OF THE WEBSITE

This Website is available for individuals aged 18 years or older.

The Website is available Internationally, where permitted by law. Regal Robot, Inc. may use technologies to verify compliance.

Use of the Website requires compatible devices, Internet access, and  certain software (fees may apply); may require periodic updates; and may  be affected by the performance of these factors. High-speed Internet  access is strongly recommended for regular use and is required for  high-definition content. The latest version of your browser software  (Google Chrome, Microsoft Internet Explorer, Firefox, Safari, et al.) is  recommended to access the Website and may be required for certain  transactions or features and to obtain Products previously purchased  from the Website. You agree that these requirements, which may change  from time to time, are your responsibility. The Website is not part of  any other product or offering, and no purchase or obtaining of any other  product shall be construed to represent or guarantee you access to the  Website.

CONTENT AVAILABILITY

One-Eyed Cat Creations, LLC. reserves the right to change content options (including eligibility for particular products) without notice.

SUBMISSIONS TO THE WEBSITE

The Website may offer interactive features that allow you to submit  materials (including links to third-party content) on areas of the  Website accessible and viewable by the public. You agree that any use by  you of such features, including any materials submitted by you, shall  be your sole responsibility, shall not infringe or violate the rights of  any other party or violate any laws, contribute to or encourage  infringing or otherwise unlawful conduct, or otherwise be obscene,  objectionable, or in poor taste. You also agree that you have obtained  all necessary rights and licenses. You agree to provide accurate and  complete information in connection with your submission of any materials  on the Website. You hereby grant One-Eyed Cat Creations, LLC. a worldwide,  royalty-free, nonexclusive license to use such materials as part of the  Website, and in relation to Products, without any compensation or  obligation to you. One-Eyed Cat Creations, LLC. reserves the right to not post or  publish any materials, and to remove or edit any material, at any time  in its sole discretion without notice or liability.

One-Eyed Cat Creations, LLC has the right, but not the obligation, to monitor  any materials submitted by you or otherwise available on the Website, to  investigate any reported or apparent violation of this Agreement, and  to take any action that One-Eyed Cat Creations, LLC. in its sole discretion deems  appropriate, including, without limitation, termination.

THIRD-PARTY MATERIALS

Certain content, Products, and services available via the Website may  include materials from third parties. One-Eyed Cat Creations, LLC. may provide  links to third-party websites as a convenience to you. You agree that  One-Eyed Cat Creations, LLC. is not responsible for examining or evaluating the  content or accuracy and One-Eyed Cat Creations, LLC. does not warrant and will not  have any liability or responsibility for any third-party materials or  websites, or for any other materials, products, or services of third  parties. You agree that you will not use any third-party materials in a  manner that would infringe or violate the rights of any other party and  that One-Eyed Cat Creations, LLC. is not in any way responsible for any such use by  you.

OBJECTIONABLE MATERIAL

You understand that by using the Website, you may encounter material  that you may deem to be offensive, indecent, or objectionable, and that  such content may or may not be identified as having explicit material.  Nevertheless, you agree to use the Website at your sole risk and One-Eyed Cat Creations, LLC. shall have no liability to you for material that may be  found to be offensive, indecent, or objectionable. Product types and  descriptions are provided for convenience, and you agree that One-Eyed Cat Creations, LLC. does not guarantee their accuracy.

INTELLECTUAL PROPERTY

You agree that the Websites, including but not limited to Products,  graphics, user interface, audio clips, video clips, editorial content,  and the scripts and software used to implement the Website, contains  proprietary information and material that is owned by One-Eyed Cat Creations, LLC.  and/or its licensors, and is protected by applicable intellectual  property and other laws, including but not limited to copyright. You  agree that you will not use such proprietary information or materials in  any way whatsoever except for use of the Website in compliance with  this Agreement. No portion of the Website may be reproduced in any form  or by any means, except as expressly permitted in these terms. You agree  not to modify, rent, lease, loan, sell, distribute, or create  derivative works based on the Website in any manner, and you shall not  exploit the Website in any unauthorized way whatsoever, including, but  not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, One-Eyed Cat Creations, LLC. and its licensors reserve the right to change, suspend, remove, or  disable access to any Products, content, or other materials comprising a  part of the Website at any time without notice. In no event will One-Eyed Cat Creations, LLC. be liable for making these changes. One-Eyed Cat Creations, LLC. may  also impose limits on the use of or access to certain features or  portions of the Website, in any case and without notice or liability.

All copyrights in and to the Website (including the compilation of  content, postings, links to other Internet resources, and descriptions  of those resources) and related software are owned by One-Eyed Cat Creations, LLC.  and/or its licensors, who reserve all their rights in law and equity.  THE USE OF THE SOFTWARE OR ANY PART OF THE WEBSITE, EXCEPT FOR USE OF  THE WEBSITE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND  INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT  YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY  DAMAGES, FOR COPYRIGHT INFRINGEMENT.

One-Eyed Cat Creations, LLC, the One-Eyed Cat Creations logo, and other One-Eyed Cat Creations, LLC. trademarks, service marks, graphics, and logos used in connection  with the Website are trademarks or registered trademarks of One-Eyed Cat Creations, LLC  in the U.S. and/or other countries. Other trademarks, service  marks, graphics, and logos used in connection with the Website may be  the trademarks of their respective owners. You are granted no right or  license with respect to any of the aforesaid trademarks and any use of  such trademarks. 

TERMINATION

If you fail, or One-Eyed Cat Creations, LLC. suspects that you have failed, to  comply with any of the provisions of this Agreement, One-Eyed Cat Creations, LLC.,  at its sole discretion, without notice to you may: (i) terminate this  Agreement and/or your Account (if applicable), and you will remain  liable for all amounts due under your Account up to and including the  date of termination; and/or (ii) terminate the sale; and/or (iii)  preclude access to the Website (or any part thereof).

One-Eyed Cat Creations, LLC. reserves the right to modify, suspend, or  discontinue the Website (or any part or content thereof) at any time  with or without notice to you, and One-Eyed Cat Creations, LLC. will not be liable  to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

One-Eyed Cat Creations, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE  OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT  FROM TIME TO TIME One-Eyed Cat Creations, LLC MAY REMOVE THE WEBSITE FOR INDEFINITE  PERIODS OF TIME, OR CANCEL THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO  YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE  WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL PRODUCTS AND SERVICES  DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY  One-Eyed Cat Creations, LLC) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT  WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,  AND NON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE  EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED  WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL One-Eyed Cat Creations, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES,  AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT,  INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES  ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM  RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT  LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR  DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR  PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE  WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR  JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY  FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR  JURISDICTIONS, One-Eyed Cat Creations, LLC's LIABILITY SHALL BE LIMITED TO THE EXTENT  PERMITTED BY LAW.

One-Eyed Cat Creations, LLC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION  SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT  YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND REGAL  ROBOT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR  LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

One-Eyed Cat Creations, LLC DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE  FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR  OTHER SECURITY INTRUSION, AND One-Eyed Cat Creations, LLC DISCLAIMS ANY LIABILITY  RELATING THERETO. PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING  DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE  RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS  PURCHASED OR RENTED FROM THE ITUNES STORE THAT ARE STORED IN YOUR  SYSTEM.

WAIVER AND INDEMNITY

BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD One-Eyed Cat Creations, LLC  ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND  LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR  BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR ANY ACTION TAKEN  BY One-Eyed Cat Creations, LLC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF  THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A  VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE  OR RECOVER ANY DAMAGES FROM One-Eyed Cat Creations, LLC, ITS DIRECTORS, OFFICERS,  EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF  ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT,  TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE, OR TO  TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION  OR AS A RESULT OF One-Eyed Cat Creations, LLC’S CONCLUSION THAT A VIOLATION OF THIS  AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO  ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

CHANGES

One-Eyed Cat Creations, LLC. reserves the right at any time to modify this  Agreement and to impose new or additional terms or conditions on your  use of the Website. Such modifications and additional terms and  conditions will be effective immediately and incorporated into this  Agreement. Your continued use of the Website will be deemed acceptance  thereof.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and One-Eyed Cat Creations, LLC. and governs your use of the Website, superseding any prior  agreements between you and One-Eyed Cat Creations, LLC.. You also may be subject to  additional terms and conditions that may apply when you use affiliate  services, third-party content, or third-party software. If any part of  this Agreement is held invalid or unenforceable, that portion shall be  construed in a manner consistent with applicable law to reflect, as  nearly as possible, the original intentions of the parties, and the  remaining portions shall remain in full force and effect. One-Eyed Cat Creations, LLC.’s failure to enforce any right or provisions in this Agreement will  not constitute a waiver of such or any other provision. One-Eyed Cat Creations, LLC will not be responsible for failures to fulfill any obligations due  to causes beyond its control.

The Website is operated by One-Eyed Cat Creations, LLC. from its offices in the  United States. You agree to comply with all local, state, federal, and  national laws, statutes, ordinances, and regulations that apply to your  use of the Website. All transactions on the Website are governed by Kentucky law, without giving effect to its conflict of law provisions. Your  use of the Website may also be subject to other laws. You expressly  agree that exclusive jurisdiction for any claim or dispute with One-Eyed Cat Creations, LLC. or relating in any way to your use of the Website resides in  the courts of the State of Kentucky.

One-Eyed Cat Creations, LLC. may notify you with respect to the Website and our  Products by sending an email message to your provided email address or a  letter via postal mail to your Account mailing address, or by a posting  on the Website. Notices shall become effective immediately.

One-Eyed Cat Creations, LLC. reserves the right to take steps that One-Eyed Cat Creations, LLC. believes are reasonably necessary or appropriate to enforce and/or  verify compliance with any part of this Agreement. You agree that One-Eyed Cat Creations, LLC. has the right, without liability to you, to disclose any  Registration Data and/or Account information to law enforcement  authorities, government officials, and/or a third party, as One-Eyed Cat Creations, LLC. believes is reasonably necessary or appropriate to enforce and/or  verify compliance with any part of this Agreement.