Terms of service.

TERMS AND CONDITIONS:

Please read the following terms of service agreement carefully.  By using or accessing The Adventures of Jessie and the Grumpy Gnome (created, owned, and operated by Jessica C. Howe) website and services, you hereby agree to be bound by this TERMS OF SERVICE AGREEMENT and all terms incorporated herein by preference.  It is the responsibility of the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site.  If you do not agree to all terms and conditions, then please do not access or use the website, products, or services of The Adventures of Jessie and The Grumpy Gnome.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement is a legally binding agreement that shall govern the relationship with the clients and visitors who may interact or interface with Jessica C. Howe through The Adventures of Jessie and the Grumpy Gnome, in association with the use of her website https://jessieandgrumpygnome.com/ (the “website”) and its products/services, which shall be defined below.

DESCRIPTION OF THE WEBSITE SERVICES AND PRODUCTS OFFERED

The site is an e-commerce website and blog operated by travel writer, artist, and musician Jessica C. Howe.  Jessica C. Howe is the owner, author, and creator of The Adventures of Jessie and The Grumpy Gnome, represented through the website https://jessieandgrumpygnome.com/.  These terms set forth the terms and conditions under which you may use Jessica C. Howe’s website and services provided through The Adventures of Jessie and The Grumpy Gnome.

This website is the official website of artist, travel writer, musician, and creator Jessica C. Howe, featuring original artworks, travel photography, handmade gifts, vintage collections, antique prints, various collectibles, crystals, drawings, audio content, video content, written content, and original music.  All artwork and handmade items listed in the Shop section of the website, https://jessieandgrumpygnome.com/, are available for visitors and/or clients to purchase online.  Visitors and clients can comment and interact with Jessica C. Howe.  By using or accessing the services and products available for online purchase, you approve that you have read and agree to be bound by these Terms and Conditions.  Any and all visitors to https://jessieandgrumpygnome.com/ shall be deemed as “users” of the herein contained services and products provided by The Adventures of Jessie and the Grumpy Gnome.


COPYRIGHT AND OWNERSHIP OF CONTENT

Content and images published on this site, https://jessieandgrumpygnome.com/, including but not limited to images (both artwork and photography), video, audio content, music, graphics, text, logos, products, and written content is the property of Jessica C. Howe and is protected by United States Copyright Laws.  The website title and company name ‘The Adventures of Jessie and The Grumpy Gnome’ is the exclusive intellectual property of creator Jessica C. Howe and shall not be used by you or any other third party without due credit given to Jessica C. Howe and the original source: any references, links, and excerpts must be directed back to the original content of this site and all products, artworks, and services.  The entire collection of art, products, and content on this website ‘The Adventures of Jessie and The Grumpy Gnome,’ https://jessieandgrumpygnome.com/, is the exclusive property of Jessica C. Howe along with the copyright authorship of Jessica C. Howe for this compilation, by Jessica C. Howe.  


COLOR OF ARTWORKS, PHOTOGRAPHY, and PRODUCTS

You understand and agree that Jessica C. Howe has made reasonable efforts to display the colors of the original artworks, photography, and products accurately on this website, https://jessieandgrumpygnome.com/.  Each individual monitor, cell phone, or other device may display colors differently.  Jessica C. Howe is not responsible for the color accuracy on your computer monitor, cell phone, or other device.  This applies to original artworks, photography, prints, video, and all visual content that depicts products and services offered by The Adventures of Jessie and The Grumpy Gnome.  Jessica C. Howe makes every reasonable effort to match digital prints to the color of the original artwork accurately, but color differentiation between art prints and original artwork may exist.


MODIFICATIONS

Jessica C. Howe reserves the right at any time to modify, alter, increase and/or decrease prices, change shipping and handling fees, update services, change and/or discontinue tax rates, whether temporarily or permanently, with or without prior notice.  Jessica C. Howe shall not be held liable to you or any third party for any such modification, alteration, suspension, and/or discontinuation of the services and products offered through The Adventures of Jessie and The Grumpy Gnome, https://jessieandgrumpygnome.com/.  


PRIVACY POLICY

Every visitor’s data and other personal information are strictly protected by the Privacy Policy of The Adventures of Jessie and The Grumpy Gnome, by Jessica C. Howe.  As a user of this site, https://jessieandgrumpygnome.com/, you are herein consent to the collection and use of the information provided, including transfer of information within the United States and/or other countries for storage, processing, or use by The Adventures of Jessie and The Grumpy Gnome.


THIRD PARTY SERVICES

This website, https://jessieandgrumpygnome.com/, uses third party services and applications that make their services available here on this site.  When you access third party services or applications, you are bound by the terms and policies of the third party.


PAYMENTS

All payments and payment transactions are made through PayPal, a third party payment processor.  Processing payments through PayPal is subject to third parties’ Terms of Service and Privacy Policy.  You agree to pay the site owner, author, and creator Jessica C. Howe through PayPal, the full amount as charged for all services, artworks, and products offered through this site, The Adventures of Jessie and The Grumpy Gnome.


REFUND POLICY

Please reference to our RETURN POLICY for information on how to handle inquiries on returns on all products available through our Shop.


PURCHASING POLICY

On completion of your online purchase, you will receive a confirmation email from PayPal.  Jessica C. Howe will make reasonable efforts to package the order and ship within 3 business days.  Time frame of order processing and delivery may be subject to seasonal/holiday, or unforeseen reasons such as sickness, weather conditions, or acts of God.  If Jessica C. Howe is unable to ship the item(s) ordered in a timely manner, she will contact the buyer via email.  Please see the SHIPPING POLICY section of these Terms of Service for detailed information regarding shipping and handling rates and services.  At this time, Jessica C. Howe is not shipping outside of the United States of America.


SHIPPING POLICY

Processing Time and Shipping Rates:

Order processing time is 2-3 business days.  Shipping time usually takes up to 3 business days, as we utilize USPS Priority Mail as our shipping service of choice.   We use USPS flat rate priority mail shipping, unless the item is small and light enough for us to ship less expensively. The shipping cost is determined by the weight of the item, and ranges as follows:

0.01 oz to 8 oz: $6.00

8.01 oz to 1 lb: $8.00

1.01lbs to 5.0lbs: $15.00

5.01 lbs and up: $21.00

  • Any item that weighs considerably more than 5 lbs has the shipping cost factored into the purchase price. 

  • Handling and packaging fees are factored into the purchase price of each item.

  • We reserve the right to update these costs at any time, with any and all changes in shipping rates originated by USPS.

All transactions are conducted through PayPal.


INTERSTATE COMMUNICATION:

Upon purchase of Services and/or Products, you hereby acknowledge that by using https://jessieandgrumpygnome.com/ to send electronic communications, which include but are not limited to email, searches, and contact forms, you will be causing communications to be sent through the computer network of Jessica C. Howe.  You also agree that all notices, disclosures, agreements, and other communications sent electronically meet legal requirements that such communications be in writing.   Therefore, through your use, and thus your agreement with these Terms of Service, you are acknowledging that the use of this Service shall result in interstate transmissions.  


APPLICABLE LAW:

By visiting this website, https://jessieandgrumpygnome.com/, you agree to the laws of [your location] without regard to principles of conflict laws, shall govern these terms of service, of any sort that may come between you and Jessica C. Howe of The Adventures of Jessie and The Grumpy Gnome.


STATE GOVERNING LAW:

These Terms of Service are governed by the laws of the United States of America and the laws of the State of Indiana.  You agree and acknowledge that any action to enforce these Terms of Service will be brought solely to the State and Federal Courts located in the state of Indiana.


INDEMNIFICATION:

You agree to indemnify and hold the website owner, author, and creator, Jessica C. Howe, from any demands, loss, claims, or expenses (including attorney’s fees) made against them by any third party due to, arising from, or in connection with your use of the website or any services and/or products offered through this website, https://jessieandgrumpygnome.com/. 


COMMENTS, REVIEWS, AND EMAILS:

Visitors to https://jessieandgrumpygnome.com/ may post content as long as it is not obscene, threatening, harassing, illegal, infringing on intellectual rights, defamatory, invasive of privacy or injurious in any way towards Jessica C. Howe or third parties.  Content must be free of software viruses, political campaign, and commercial solicitation.  The owner, author, and creator of the site, Jessica C. Howe, reserves all rights (but not the obligation) to remove posted content that violates these TERMS.  When you make a public comment within the site’s content of The Adventures of Jessie and The Grumpy Gnome, you grant Jessica C. Howe the non-exclusive, royalty-free, and irrevocable right to use, modify, reproduce, and publish such content within the scope of the online media of The Adventures of Jessie and The Grumpy Gnome.

CUSTOMER COMPLAINTS:

If there are any issues or discrepancies with your purchase of the services, artworks, and products offered by The Adventures of Jessie and the Grumpy Gnome, please contact the site owner, author, administrator, and creator Jessica C. Howe within 7 calendar days of your receipt of delivery via email to:  jessie.and.grumpygnome@gmail.com.


QUESTIONS AND CONCERNS:

If you have any questions or concerns regarding these Terms of Service Agreement, Privacy Policy, Return Policy, or Shipping Policy related to The Adventures of Jessie and The Grumpy Gnome at https://jessieandgrumpygnome.com/, please contact the site owner, author, administrator, and creator, Jessica C. Howe, via email at: jessie.and.grumpygnome@gmail.com.


Last Updated: 12/13/2020 by Jessica C. Howe