www.claydesign.com Personalized Gifts That Make Memories

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Privacy

Claydesign.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for our website (www.claydesign.com).

We use your IP (Internet Protocal) address to help diagnose problems with our server, to administer our Web site, and to collect demographic information for internal purposes.

Our site uses cookies to keep track of your shopping cart and to store current session information. While shopping on Claydesign.com your personal & credit card information is secured with 128-bit encryption.

In order to place an order with Claydesign.com, you must create an account. We maintain your address information and order history on our servers behind a state of the art firewall.

Our website uses several different forms for customers to request products and/or services. We collect visitor's contact information (like their email address) and financial information (credit card numbers). Contact information from the order form is used to send orders to our customers. The customer's contact information is used to get in touch with the visitor if necessary. Financial information that is collected is used to bill the user for products and services.

We do not release or sell any customer information to third parties.

"Join Our List" page collects email and name information for customers/visitors willing to receive occasional emails about special discounts and/or new product announcements.

Banking Agreement

BY CLICKING ON THE CONTINUE BUTTON, I AGREE TO THE TERMS AND CONDITIONS OF USING MY BANK ACCOUNT AS A PAYMENT METHOD, WHICH ARE LISTED BELOW, AND AUTHORIZE CLAYDESIGN.COM TO DEBIT MY BANK ACCOUNT FOR PURCHASES MADE ON CLAYDESIGN.COM.

Welcome to the terms and conditions (the "Terms and Conditions") for use of a bank account as a payment method on claydesign.com. Please note that your use of the claydesign.com Web site is also governed by our Conditions of Use and Privacy Notice, as well as all other applicable terms, conditions, limitations and requirements contained on the claydesign.com Web site, all of which (as changed over time) are incorporated into these Terms and Conditions. If you choose to use a bank account as your payment method on claydesign.com, you accept and agree to these Terms and Conditions.

1. Bank Account Payments. By choosing to use a bank account as your payment method on claydesign.com, you will be able to complete your purchase using any valid automated clearing house ("ACH")-enabled bank account at a United States-based financial institution. Whenever you choose to pay for an order using your bank account, you are authorizing claydesign.com to debit your bank account for the total amount of your purchase (including applicable taxes, fees and shipping costs). To complete your transaction, claydesign.com, or an agent acting on its behalf, will create an electronic funds transfer or bank draft, which will be presented to your bank or financial institution for payment from your bank account. Your transaction must be payable in U.S. dollars. claydesign.com, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

2. Electronic Signature and ACH Authorization. By choosing your bank account as your payment method, you agree that: (a) you have read, understand and agree to these Terms and Conditions, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Terms and Conditions, (c) you authorize claydesign.com (or its agent) to make any inquiries we consider necessary to validate your dispute, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, and (d) you authorize claydesign.com (or its agent) to initiate one or more ACH debit entries (withdrawals) for the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments.

3. Partial Debits and Returned Payments. If your full order is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order. If any of your payments are returned unpaid, claydesign.com reserves the right to charge you a returned item fee of twenty-five dollars ($25.00) or the maximum amount allowed by law, which may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' fees.

4. Cancellations and Refunds. To cancel a purchase and request a refund, please follow the instructions and procedures contained on the claydesign.com Web site. When you cancel a purchase in accordance with these procedures, claydesign.com (or its agent) will initiate a credit to your bank account for the correct amount.

5. Customer Service. All questions relating to claydesign.com orders or any payments made using your bank account should be directed to us, and not to the financial institution that holds your bank account. You may contact us regarding your claydesign.com orders or any payments made using your bank account by calling us at 1-800-775-1979, or by writing to us at http://www.claydesign.com/html/contactus.html. You may also view your transaction history at any time in the "Your Account" area of the claydesign.com Web site.

6. Error Resolution Policy. If you believe that any payment transaction initiated by claydesign.com (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible by telephone or e-mail using the telephone number or web address provided in Section 5 of these Terms and Conditions. In any event, we must hear from you no later than 90 days after the date the questionable transaction FIRST appeared on your bank account statement. When you contact us, provide us with the following information:

•	your name and the e-mail address associated with your claydesign.com customer account,
•	a description of the error or the transfer you are unsure about, and a clear explanation as clearly as you can why you believe it is an error or why you need more information,
•	the dollar amount of the suspected error.
•	the transaction date and associated transaction identification number from your bank account statement.
•	a telephone number at which you can be reached in case we need further information.
•	the telephone number of the bank, and
•	that portion of your bank account statement containing the claydesign.com transaction information (if requested).

If you provide us with this information orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. A "Business Day" means Monday through Friday, excluding federal banking holidays. We will attempt to determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, and your inquiry or complaint involves any amounts debited from your bank account, we may transmit a provisional credit to your bank account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not grant provisional credit of the disputed amount. We will tell you the results of our investigation within three (3) Business Days after its completion. If we determine that there was no error, we will send you a written explanation, and we may, and you authorize us to, debit your bank account for the amount of the provisional credit. You may ask for copies of the documents used in our investigation.

7. Your Liability for Fraud or Unauthorized Use. If any fraudulent or unauthorized transaction occurs in your claydesign.com account, we will reimburse you for your losses from such transactions if you inform us within 90 calendar days from when the unauthorized transaction is posted to your bank account statement from claydesign.com (or its agent). Notify us promptly by telephone at 1-800-201-7575 or e-mail using the web address http://www.claydesign.com/contact-us. You may be required to comply with Section 6 (Error Resolution Policy) to be eligible for reimbursement. If you do not inform us within 90 calendar days after any fraudulent or unauthorized transaction is posted to your bank account statement, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us within such time period. If a good reason (such as a long trip or hospital stay) prevented you from telling us, we will extend the time periods accordingly. Notify us at once if you believe the password associated with your claydesign.com customer account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account to complete an claydesign.com purchase without your permission. We reserve the right to cancel the ability to pay by bank account on claydesign.com for any reason.

8. Electronic Disclosures/Communications. You agree to accept all disclosures and other communications between you and us on this Web site or at the primary e-mail address associated with your claydesign.com customer account. You should print and retain a copy of all such disclosures and communications.

9. Our Liability. If we fail to debit your bank account in accordance with these Terms and Conditions, in the correct amount, we may be liable for certain losses directly caused by our failure as the law may impose in such cases. However, there are some exceptions. For instance, we will not be liable where:

(1)	You do not have enough money in your bank account;
(2)	Your bank account is closed or withdrawals restricted;
(3)	Any terminal or system was not working properly and you were advised of that before you initiated the payment;
(4)	Circumstances beyond our control (such as flood, fire, power outages, mechanical or system failures);
(5)	Your financial institution refuses to honor an ACH debit;
(6)	Your instructions are lost or delayed in transmission to us;
(7)	A reasonable security concern, such as unauthorized use, causes us not to honor your instructions;
(8)	This payment option has been discontinued or suspended;
(9)	We advise you that your request will not be processed; and
(10)	Other exceptions allowed by law. If our error was unintentional and resulted from a bona fide error, our liability is limited to actual damages.

10. Agreement Changes. We may in our discretion change these Terms and Conditions, claydesign.com's Conditions of Use and/or its Privacy Notice at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions.
YOUR CONTINUED USE OF YOUR BANK ACCOUNT AS A PAYMENT METHOD ON claydesign.COM AFTER WE CHANGE THESE TERMS AND CONDITIONS, claydesign.COM'S CONDITIONS OF USE AND/OR ITS PRIVACY NOTICE CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES.

California State Sales Tax

If you are shipping to a destination within the State of California and you are ordering from a location within California then a sales tax of 8.25% on the retail value of the "tangible goods will be collected.

The State of California does not collect sales tax on shipping charges. This policy includes all common carriers as well as the United States Postal Service.

If you live out of the State of California and you are shipping to a delivery address within California then a sales tax of 8.25% of the tangible goods will be collected. Our facility is located in the State of California so that is why we must collect the sales tax.

If you live out of the State of California and you are shipping to a delivery address outside of the State of California then no sales tax will be collect and there is no sales tax liability.

If you live outside the United States and you are shipping your order to an international delivery address then there is no sales tax due.

All sales tax liabilities are calculated independently for each California delivery address on your order. We do not calculate the taxable liability as an aggregate total. Each delivery's taxable liability is rounded up to the next whole penny.

If you have any questions please do not hesitate to contact larry@claydesign.com.