Terms & Conditions
Only the Moon Howls (“OTMH”, the Site) is a website operated by Amy Palleson, a hobbyist photographer, writer, and creator. OTMH is based at 1644 E 700 S, Clearfield, UT 84015, and the following terms and conditions apply if you are using the United States and Canadian versions of the Site. To contact Only the Moon Howls, please see the ‘Contact Us’ section on the Site. OTMH sells its cards and calendar products via the Site.
By using the Site or placing an order on the Site, you agree to these Terms in the version valid at that point in time and agree to comply with them. OTMH may amend these terms periodically so it is important that you check them each time you wish to use the Site or place a new Order. Please also read our Privacy Policy which sets out how OTMH collects, uses and processes your personal information in the course of your interaction with our Site.
There may be supplementary terms and conditions which apply in certain cases as yet unforeseen. For example, OTMH may opt at a future date to offer gift cards, run a sale, or begin a promotion for referrals in which case supplementary Terms and Conditions will be added to these.
ACCEPTING & COMPLYING WITH THESE TERMS
These Terms and Conditions detail an agreement between us and shall you continue to use the site it is a presumed consent that you will abide by the rules and this agreement. Stated following is how OTMH and it’s designates will engage with you, the consumer, and in turn lets you, the consumer, know what we expect from you when you engage on our site.
If you are using the Site or ordering the OTMH Products on behalf of any other person, you attest that you have the full right, power and authority to accept these Terms on their behalf. You are also responsible for ensuring that all persons who access the Site through your internet connection or otherwise on your behalf are aware of these Terms, our Privacy Policy, and that they comply with them.
DESCRIPTIONS & IMAGES OF OTMH PRODUCTS
The OTMH Products you order will be materially as described and pictured on the site but please keep in mind that different monitors and screens display colors differently and that OTMH cannot guarantee that your computer's display of the colors accurately reflects the color of the OTMH Products. The color of your OTMH Products may vary slightly from the site images.
ORDERING OTMH PRODUCTS
Once you have selected the Products on the Site, you can request to order the Products by following the onscreen prompts to add them to your online shopping basket (online Cart). Your Online Cart will show the type and quantity of OTMH Products you are requesting, along with the Delivery Information. You can check and amend any errors in the Online Cart before submitting it.
By submitting your Online Cart, you are making a request to order the Only the Moon Howls Products shown in your Online Cart. OTMH will send you an order acknowledgement email shortly after you submit your order.
OTMH’s acceptance of your order for the Products takes place only when OTMH sends an order confirmation email containing an order number (Order Confirmation).
If OTMH cannot supply you with the Products for any reason, OTMH will inform you of this and will not process your order. If you have already paid for the Order, OTMH will promptly discuss substitute options. If you decide on substitute Products and OTMH provides you with these Products, you will be refunded any difference in cost. If no substitution is agreed upon, OTMH will refund you the full amount charged, including any Shipping Charges.
Each Order will be a part of these Only the Moon Howls Terms and will not form a separate contract to it.
If you have any questions or issues with your Order, you should contact Only the Moon Howls using the details in the ‘Contact Us’ section on the Site.
FULFILLING YOUR ORDER
To place an order on the Site, you do not have to make an account but must offer your name, address, phone number, email and payment information. OTMH retains your name, address, phone number and email address in order to fulfil your order and it then remains in the privacy of OTMH business “Contacts” but we do not retain payment information or use any of the information we do retain for any purposes beyond which is directed by you. Future orders will require reentry of all information and such is to our mind a small effort towards keeping as much customer information as possible away from the known and unknown vulnerabilities of the online landscape.
PRICE OF OTMH PRODUCTS & SHIPPING CHARGES
Our Standard Prices are set out on the Site. The Standard Prices do not include the Shipping Charges, which are advised to you during the check-out process, before you submit your order. Prices shown on the Site are exclusive of Sales Tax which will be calculated and added to your total at the time of checkout, based on delivery state. The total amount payable by you for the OTMH Products and the Shipping Charges will be set out in your Online Cart at the time you submit your order.
PAYMENT FOR THE OTMH PRODUCTS
You can pay for the OTMH Products and applicable Shipping Charges by any accepted method shown at the time of Ordering. You must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
DELIVERY AND OWNERSHIP
The Products will be sent by regular USPS mail. Depending on the quantity and size of the items ordered, Products will be sent via First Class rate or via Ground Advantage. First Class is cheaper and generally gets there faster (1-5 days) but can only be used for machinable (no rigid envelopes) mail and offers no tracking; Ground Advantage is more expensive and generally a bit slower (2-5 days) but accommodates larger packages and offers tracking. Depending on the delivery option you confirm, OTMH will provide you with estimated delivery dates for delivery of your ordered Products, however any estimated delivery date or times provided to you or on the Site are approximate only. OTMH will not be liable for any Losses incurred should they arise out of or in connection with any delay in delivery.
You must provide OTMH with your Delivery Information when you Order, and we will deliver the Products to the address in the Delivery Information. If your specified address is not recognized in the shipping carrier's system, OTMH reserves the right to alter the delivery address to the closest match recognized by the carrier.
Delivery is complete once the OTMH Products have been delivered to the address in the Delivery Information and the Products will be owned by you.
If 10 Business Days after OTMH notifies you that the Products were sent for delivery, you have not accepted actual delivery of them, please contact OTMH at onlythemoonhowls@proton.me.
INTERNATIONAL DELIVERY
There may be restrictions on some OTMH Products for certain delivery destinations and we may, at our discretion, reject an Order based on its delivery location.
If you Order OTMH Products from the Site for delivery to a delivery destination outside of the US or Canada, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that OTMH has no control over these charges nor can OTMH predict their amount. You will be responsible for payment of any such import duties and taxes.
You must comply with all Applicable Laws of the country for which the OTMH Products are destined. OTMH will not be liable or responsible if you break any such law.
CANCELLATION
If you change your mind about an Order, please contact OTMH as soon as possible to request cancellation. OTMH will consider in good faith any cancellation requests received and reviewed before it has begun processing the applicable Order (e.g., printing, packing, or shipping) and retains ultimate discretion on whether we can honor a cancellation request.
LIMITED WARRANTY
If you think there is something wrong with the OTMH Products, please contact OTMH as soon as possible using the details on the ‘Contact Us’ section on the Site or via email at onlythemoonhowls@proton.me. OTMH warrants that on delivery the Products shall materially conform to the Design seen on Site images and via Product Descriptions and any other specifications published on the Site at the time of the Order. You may reject the OTMH Products delivered to you that do not comply with this warranty provided that: (a) you notify OTMH of the issue as set out on the ‘Contact Us’ section on the Site within 5 Business Days of delivery; (b) you cooperate with OTMH and provide all information and evidence of the issues/defect(s) as OTMH reasonably requires (including photographs and/or videos of the issue/defect(s)); and (c) you (if asked to do so by us) return the OTMH Products to OTMH.
If you fail to give timely notice of rejection, you will be deemed to have accepted the OTMH Products as they are.
If you reject OTMH Products, OTMH will, at its option, modify, repair or replace the Products or refund the price of the defective OTMH Products in full.
EVENTS OUTSIDE OUR CONTROL
If OTMH is prevented from, or delayed in, complying with its obligations under these Terms directly or indirectly by an event outside its control (including but not limited to delays caused by delivery companies or a supplier of OTMH, or your failure to provide OTMH with adequate delivery instructions, or any natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, government orders, or pandemics or similar serious outbreaks of disease), OTMH will not be responsible to you for such breach or delay.
SECURITY OF THE SITE
Each Party shall use reasonable efforts to ensure that no Malicious Item is connected to, ingested into, transmitted through, or stored on, the Site. Malicious Item means any item (including any software, code, file or program) which may: (a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device, (b) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by rearranging, altering or erasing the program or data in whole or part or otherwise) or (c) adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
HOW OTMH USES PERSONAL INFORMATION
In connection with any personal information processed by a Party under these OTMH Terms, each Party shall comply with any data privacy laws applicable to such processing. OTMH’s Privacy Policy is at https://www.onlythemoonhowls.com/privacy-policy. This sets out how OTMH collects, uses and processes your personal information and it applies to your use of the Site.
Customer Personal Data means any personal data that is processed by OTMH as a result of, or in connection with, your use of the Site or the design, creation and supply of the OTMH Products to you under these Terms
COMPLAINTS & DISPUTES
Please contact OTMH’s Customer Service team (using the details on the ‘Contact Us’ page on the Site or our email at onlythemoonhowls@proton.me) in the first instance if you have any problems with OTMH or our Products and we will do their best to resolve any issues.
THE PARTIES AGREE THAT ANY DISPUTES ARISING IN CONNECTION WITH THE SITE, ANY ORDER, OR THESE OTMH TERMS OR OUR PRIVACY POLICY WILL BE EXCLUSIVELY RESOLVED IN BINDING, CONFIDENTIAL ARBITRATION. THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS. EACH PARTY ACKNOWLEDGES THEY ARE GIVING UP CERTAIN LEGAL RIGHTS THEY WOULD OTHERWISE HAVE TO LITIGATE DISPUTES, ENGAGE IN THE KIND OF DISCOVERY ALLOWED IN LITIGATION, AND OTHERWISE.
COMPLIANCE
OTMH may engage any third party to perform its obligations under these OTMH Terms.
These Terms constitute the entire agreement between you and OTMH in relation to your use of the Site and purchase of our Products.
Any notices and communications under these Terms may be delivered by email, but not by messaging platforms (for example, WhatsApp, Slack, Zoom, Teams, etc.). Any notices sent by email are deemed delivered at the time of transmission.
The rights and remedies expressly conferred by the OTMH Terms are cumulative and additional to any other rights or remedies a Party may have.
DEFINITIONS
In these Terms:
Account means the account you created on the Site behind a login.
Applicable Laws means with respect to a Party, all laws, regulations and mandatory codes of practice to which it is subject.
Business Day means a day other than a Saturday, Sunday, or United States bank holiday.
Customer, you or your means any user of the Site or purchaser of the OTMH Products
Delivery Information means the information for delivery of OTMH Products provided by you, including name, address, email and phone number.
Order means any order for the OTMH Products placed by you and accepted by OTMH in accordance with these OTMH Terms.
Party means either you or OTMH (and Parties means both).
Representatives means officers, employees, advisors, subcontractors, contractors or any other person engaged by or on behalf of a Party.
Sales Tax means any sales tax, value added tax, and any similar replacement or additional tax chargeable under Applicable Laws.
Shipping Charges means the charges for handling, shipping and delivery of the OTMH Products, as advised to you during the check-out process and recorded in an Order.
Site means the United States and Canadian versions of the online sales website at https://www.onlythemoonhowls.com.
Standard Prices means the standard prices for the OTMH Products set and reset by OTMH from time to time.