Terms & Conditions

Welcome to Kyle Design, your source for unique gifts and hard-to-find home decor. We hope you have enjoyed your shopping experience. Please review the following terms and conditions (the Agreement) that govern your use of and purchase of items from our site www.kyledesigns.com (the Site) whether online or by phone. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms, as well as your agreement with our Privacy Policy.

Information About Products

While we try to provide color representations as accurately as possible, colors depend upon your monitors settings and are likely to vary. Furthermore, the colors of our items may vary per batch, lot or availability of materials. Note that every electrical device manufacturer has their own shade of device colors. Please keep in mind when attempting to match a currently installed plastic electrical device or wallplate that your old items likely have darkened over time making an exact match impossible. 

Where non-tarnish finish is indicated, the product will not tarnish with normal use under normal conditions. All products go through three points of inspection during order processing. Minor imperfections are considered within the standard range of quality and should not be considered defects. 

Because we are creating personalized products at your request, it is your responsibility to ensure that the letters, words or other information or designs placed on a product at your request do not infringe the rights of others, including but not limited to copyright, trademark and trade dress. Therefore, by placing an order for a personalized product, you are representing and warranting that the letters, words, information and/or designs provided by you do not infringe the copyright, trademark, trade dress or any other right of any third party. Please note that many combinations of Greek letters are the trademarks of fraternities, sororities and other organizations. 

Returns and Exchanges

If you are not completely satisfied, you may return or exchange any eligible item within 30 days of shipment. Items must be unused and in their original packaging to be eligible for return. Items not eligible for return include engraved items, special order items, special order quantities, items with additional discounts, sale items, or damaged pieces. 

Please contact us via our returns form within 30 days of shipment for a return authorization on eligible items. We will accept postage paid returns only after a return authorization (RA) has been obtained. We recommend you insure your shipment as we are not responsible for lost or damaged returns. RA numbers expire after 15 days, so returns MUST be received before that date or no credit will be given. Ineligible items and items received after the RA number has expired will NOT be returned to you unless you request it within 7 days of our receiving the package (new shipping charge will apply) otherwise we will dispose of the unclaimed items. 

We will gladly fix or replace items (with the exception of retractable key rings or ID badge reels**) with manufacturing defects for a period of 90 days from the date of purchase. We cannot be held liable for damage caused by misuse or normal wear and tear. A photo of the damage is required for an initial assessment. **Defective ID name badge or key reels must be returned within 15 days of purchase. Lifetimes of reels vary according to usage, and we therefore cannot be held responsible for normal wear and tear of cords and springs. The warranty is null and void for retractable reels with cords that are fully extended, frayed or kinked. 

We reserve the right not to ship orders if there is a typographical error, incorrect price, website malfunction or other issue that affects the price or description of a product. We will contact you first if this situation occurs.

Phone Orders

Engraved Items

When you place an order, you are verifying that the engraving content you entered is correct. Items that have been engraved are not eligible for return or exchange. In the event that Kyle Design incorrectly engraved an item or that the item is determined to be defective, we will replace the exact item with the exact spelling entered at the time the order was placed. No changes are allowed. Artistic layout, proportions and sizing are at the discretion of the engraver. 

Special Order Quantities: If we must order a quantity specifically for you, these stock items are thereby considered a special order and no longer eligible for return credit. 

Accuracy

An automatic email confirmation is generated and sent for every order that is placed, whether online or by phone. Once an order is placed, it is the customer's responsibility to review the email confirmation for errors and contact us immediately if changes are needed. Should the customer choose not to review the order confirmation they assume all liability for any errors. If you did not receive an email confirmation for your order, please check your spam or junk mail folder before contacting us. 

We make every effort to ship your order quickly and accurately, however mistakes do happen from time to time. In these situations, we will promptly ship you the correct item with a return mailer for any incorrect items you received, however we will not refund original shipping costs. We will not upgrade shipping on any item that is short shipped. We do not make any guarantees, express or implied, about when your order will arrive or what it will contain. We are not responsible for any losses incurred on your part if items do not arrive as expected. We will repair or replace any engraved items that are deemed defective, however no refunds or changes are allowed. 

Return Instructions

You must contact us our returns form within 30 days of shipment for a return authorization on eligible items. We will accept postage paid returns only after a return merchandise authorization (RA) has been obtained. RA numbers expire after 15 days, so returns MUST be received before that date or no credit will be given. Late or ineligible items will NOT be returned to you unless you request it within 7 days of our receiving the package (new shipping charge will apply). 

Returned items must be unused and in their original packaging, must include a copy of the original sales receipt, and must be carefully packed and returned in a box, not in a padded envelope. Shipping charges are not refundable and we do not pay for return shipping costs. Credit cannot be given for engraved, damaged, used, installed, custom or special order items. We photograph all improperly packaged returns. 

Shipping Fees

We are not responsible for weather caused delays in the arrival of your package and cannot credit shipping costs. UPS also does not give credit for shipping costs in such situations.

Once your order leaves our facility, we are not financially responsible for reimbursement of merchandise or shipping costs related to shipping delays or carrier errors as we have fulfilled our obligations. If we need to make a delivery claim on your behalf with UPS or the USPS, you must allow eight business days for a claim investigation. Please read additional shipping information for other recommendations, restrictions and options.

When shipping via UPS, our shipping fee covers three attempts by UPS to deliver your package. It is the customer's responsibility to be available to sign for their package. Customer has the option to request Shipper Release, which grants UPS permission to release their package without a signature, however this waives your right to file a claim if the package is lost or stolen after delivery. If UPS is unable to make the delivery because no one is unavailable to sign for the package, or if the customer refuses the package, the customer will be charged the UPS $11 return fee and will need to purchase another shipping fee for us to ship it out again. If customer chooses not to have the order sent again, their order will be subject to all return policy fees. Please track your shipment with the UPS tracking number provided in your shipment notification email to ensure that someone will be available when the shipment arrives so these fees may be avoided. 

Please be sure the address you provide is accurate and complete. UPS charges a $11 address correction fee on orders with incorrect or incomplete addresses, or which are rerouted to a different address. Any fees incurred in these situations will be billed to your credit card at a later date. 

We do not ship to UPS stores or similar types of locations.

Sign up for UPS My Choice delivery notifications for free email or text alerts for for all UPS packages coming to your home. Other features available through UPS My Choice:

Order Cancellation Policy

Please call us immediately if you need to cancel an order. Once your order has been transmitted to our processing department it cannot be cancelled. Please Login to Your Account to determine your order's status. Orders with a status of "Recent" may still be cancelled. 

Shipped orders that are refused are subject to all return policy fees, plus the UPS $10 return shipping fee. 

Back Orders

If an item is out of stock or quantity purchased is above our normal stocking levels, the customer will be contacted. Customer can request that the order be held until it is ready to ship complete to avoid multiple shipping charges. Alternately, customer will have the choice of dropping the back ordered item(s) from the order and reordering at a later time. Customers are responsible for shipping charges on back ordered items split from an original order at their request. 

Short Ship Claims and Allowances

Short ship claims must be made within 2 days of receipt of the package. All items listed on an invoice should be in the box. Backorders are not listed. If you believe you have been short shipped an item, please first double-check all packing materials. Please repackage all items in the box exactly as sent with the original packing materials, call us for a return authorization, then send the package back to us for inspection. 

We record the weight of every shipment to the hundredth of a pound. We will compare weight, packing materials and shipping notes to determine if there was a short ship. If we determine that there was a short ship, we will only replace the exact item claimed. No other changes/exchanges will be allowed. We will then reship the whole order to you. 

Items Lost or Damaged In Shipment

We know you want your items to arrive in good condition and have carefully developed procedures over the last 30 years to insure they do so. If damage does happen to occur in transit it is usually the responsibility of the transportation company. If your item arrived damaged, please call us immediately. If you believe the damage was caused during shipment, photos of both the product and the shipping box will be required for the purpose of making an initial assessment prior to beginning a claim. You must save all packing materials so the shipping company representative can inspect the package and make a determination of responsibility. If you believe the item damage was not caused during shipping, you must return it to us for inspection first. Please contact us for a return authorization within 2 days of receipt. Item must be received back within 15 days from the time the return authorization is issued. We will make a determination within 5 days of receipt back at our studio. Claims take about two weeks to process. 

If a shipment is lost we must again file a claim with the shipping company. Claims can take about two weeks to process. If a claim is approved, the order will be shipped again with the exact same contents as originally placed. No changes are allowed to the original order and no refunds are allowed. 

NOTE: We strongly recommend tracking your order and being available to accept delivery. We are not responsible for packages lost after being delivered.

Intellectual Property

All materials on this Site, including designs, logos, photographs, text and graphics (the Contents), are protected by United States and international copyright laws. Kyle® and Kyle Design® are registered trademarks of Kyle Design. Any other trademarks that appear on this Site are the property of their respective owners. Our Site and its Contents are provided for personal, noncommercial use only by the users of our Site. The reproduction, publication, distribution, transmission or modification of our Site and its Contents is strictly prohibited. 

Reviews Terms and Use

By submitting any content to Kyle Design, you warrant and represent that:

• You are at least 13 years old.
• The content of your post is accurate.
• You are the sole owner and author of the intellectual property and waive your moral rights to the contents.
• Content supplied does not violate Terms & Conditions and will not cause injury to any person or entity.
• Content cannot reasonably be considered to be libelous, offensive, hateful, defamatory, overly negative and critical, racially or religiously biased or offensive, unlawfully harassing to a partnership, individual or corporation.
• Content is not false, inaccurate or misleading.
• Content does not infringe on rights of publicity or privacy, trade secret, proprietary rights, patent, trademark or copyrights.
• You have not been compensated by a third party.
• Content does not violate any regulation, statute, law or ordinance.
• Content does not reference other phone numbers, email addresses, contact information or reference other websites.
• Content does not contain potentially damaging computer viruses or worms that could be damaging.

You further agree that any content you submit to Kyle Design, you grant Kyle Design continuous irrevocable, transferable right, royalty-free, and license to copy, modify, delete in its entirety, use, translate, publish, adapt, create derivative works from and/or sell and/or distribute content and/or incorporate content to any medium, form, or technology worldwide without compensating you. 

You agree to hold and indemnify Kyle Design including employees, officers, directors, third party service providers, joint ventures, subsidiaries and agents harmless from all demands, damages and claims (actual and consequential) including known and unknown, of every kind and nature, including attorney fees arising out of a violation of any law or the rights of a third party, a breach of your representations and warranties set forth above. 

All content you submit will be posted at the sole discretion of Kyle Design. 

Compliance With Laws

You are responsible for compliance with all applicable laws. You will use the Site only for lawful purposes and in compliance with all applicable state, federal, or international laws, regulations, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. You will not upload any file containing malware or that infringes the intellectual property or other rights of any third party. Nor will you order any personalized products that infringe the intellectual property or other rights of any third party (see Information about Products, below). 

Disclaimer

This Site and all of its Contents are provided on as as is basis without warranties of any kind, either express or implied, including without limitation warranties of title, implied warranties of merchantability, noninfringement or fitness for a particular purpose. You acknowledge, by use of the Site, that use of it is at your sole risk and that you assume full responsibility for any and all costs arising from use of the Site and our products, including but not limited to repairs or service costs. Some jurisdictions do not allow for the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable in such jurisdictions. 

Limitation of Liability

Kyle Design shall not be liable for any damages whatsoever, and in particular, Kyle Design shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Site, the information contained in it, or the products sold through it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Kyle Design has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore, the above-referenced exclusion is inapplicable in such jurisdictions. 

Modifications

We reserve the right to modify, change, or update this Agreement at any time, without prior notice. Modifications will become effective immediately upon posting. Your continued use of the Site after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 

Jurisdiction and Venue

This Agreement shall be construed according to the laws of the State of California, without regard to any conflict of law provisions. Any disputes arising under this Agreement shall be resolved according to the laws of, and in the state and federal courts of, the State of California, USA. Venue shall be proper only in the County of Alameda, State of California. 

Site Not Intended for Use by Children under 13

By using this Site, you acknowledge that you are 13 years of age or older. This Site is intended for use only by those 13 years of age or older. If you are younger than 13, you should not use this Site. 

Indemnification

You agree to indemnify and hold Kyle Design, its affiliates, owners, officers, and employees, harmless from any claim or demand, including reasonable attorneys fees and costs at arbitration, on trial or on appeal, in addition to all other sums provided by law, arising out of your use of the Site or products purchased through the Site, your breach or alleged breach of this Agreement, or your violation or alleged violation of any right of any third party (including but not limited to intellectual property infringement claims). 

Purchases for Resale

Customers making a purchase for resale in states where we are required to collect tax must provide a valid, signed tax exempt certificate within 3 business days of the receipt of an order to process your request. Please create an account and reply back to the confirmation email with your signed certificate. Once orders have been shipped, no tax refunds are possible.

UPS Promotion

UPS customers: include the promotional hashtag in notes during checkout to receive a refund after purchase for the first line of engraving (where applicable). Value varies per item selected. Offer good through May 9th, 2014.

Other Terms

If any provision of this Agreement is judicially declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement, and the part(s) of this Agreement so held to be invalid, unenforceable or void shall be deemed stricken, and the Agreement will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of this Agreement shall have the same force and effect as if such part or parts had never been included. 

The failure of either party to insist upon strict compliance by the other party with any of the terms of this Agreement shall not constitute a waiver of future violations of the same or any other term. 

In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled to such attorneys fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s). 

To review any of the above information, please click Returns, Product Features, Engraving, Shipping Fees, Cancellation Policy, Short Ship Claims, Damaged Items, Resale, or Accuracy.