Terms and Conditions
These terms and conditions (“TaC”) govern the use of www.up-a-creek.com (the “Site”). This Site is an ecommerce website.
By using this site, you indicate that you have read and understood these TaC and agree to abide by them at all times.
THESE TaC CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CARFULLY.
Intellectual Property
All content published and made available on our Site is the property of Up A Creek and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the compositions of our Site.
Sale of Goods and Services
These TaC govern the sale of items available on our Site.
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Hand crafted wood paddles
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Miscellaneous hand crafted wood items
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Hand crafted jewelry
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Custom leather handle wrapping
These TaC apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. This also includes any services offered. All information, descriptions, or images that we provide about our goods or services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all interpretation of such information, descriptions or images of all goods or services we provide. You agree to purchase goods or services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Accounts
When you create an account on our Site, you agree to the following:
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Your are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
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All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these TaC.
Guarantees
This Site guarantees that any customer receiving a damaged item or an item that is not as advertised will receive a full refund as soon as the seller receives the returned item or items.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies, these TaC will not limit your legal rights and remedies under that legislation. If there is a conflict between these TaC and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using those sites.
Limitation of Liability
Up A Creek and any directors, officers, agents, employees, subsidiaries or affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Up A Creek and any directors, officers, agents, employees, subsidiaries and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these TaC.
Applicable Law
These TaC are governed by the laws of the State of Oregon.
Dispute Resolution
Subject to any exceptions specified in these TaC, if you and Up A Creek are unable to resolve any dispute through informal discussion, then you and Up A Creek agree to submit the issue before and arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party and acceptable to both you and Up A Creek. Any cost of arbitration will be shared equally between you and Up A Creek.
Notwithstanding any other provision in these TaC, you and Up A Creek agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these TaC are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these TaC. All other provisions will not be affected by the removal and the rest of these TaC will still be considered valid.
Changes
These TaC may be amended from time to time in order to maintain compliance with the law and to reflect and changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users (with accounts) by email of changes to these TaC or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Email: Molteri2@aol.com
Mail: 963 Elm St, Sweet Home, OR 97386
You can also contact us via the feedback form available on our Site
Effective Date: April 1, 2023