Definitions

For purposes of the Agreement, the following terms are as listed below:

Customer – An individual, sole proprietor, partnership, joint venture, corporation, association, or organization.

Ortiz Originals – A sole proprietor operating either with or without contract or license, who is not otherwise specifically identified in attachments to the Agreement, conducting business under the dully registered State of Nebraska trade name Ortiz Originals, as a female owned business.

New Orders

Ortiz Originals may, from time to time, change or modify any of the Terms of Sale contained herein. As a result, any new orders placed by the Customer not specifically covered by a written agreement shall be subject to the then prevailing Terms of Sale, which shall be posted & maintained by Ortiz Originals at its Web site, the address of which is www.OrtizOriginals.com.

Order Refusal or Cancellation

Ortiz Originals retains the right to refuse or cancel any order. Prepaid orders shall be subject to the immediate processing of a credit for the entire amount paid.

Custom sewn garments require a 50% deposit for labor & the balance is due at the time of pick up. Custom sewn orders are not cancelable after one week from the contract date. Fabric, thread, patterns, & findings are not included & are provided by the Customer. Assistance in purchasing such items over the phone, over the internet, or at the store will be charged on an hourly rate.

Handcrafted Products Produced

The sale includes products according to the original product description as detailed on the Web site at the time the order is placed & does not include changes, unless specified when the order is placed. Special orders with changes must be arranged with Ortiz Originals & confirmed in writing by Ortiz Originals before the purchase is placed.

Estimates

New Garments – Ortiz Originals must either see the pattern or be provided the pattern brand & number for research. If it is to be made from a favorite garment you have previously purchased, I must see the original garment to evaluate it.

Alterations – Ortiz Originals must see the garment or accessory to examine it. Custom sewn garments require a 50% deposit for labor & the balance is due at the time of pick up.

At least one personal fitting & consultation appointment will be required at the studio. Depending on the complexity of the garment, two or three may be required. Proper undergarments, including shoes, must be worn at all fittings.

Ownership Rights

Ortiz Originals shall retain all the title & ownership rights to the products until such time as Ortiz Originals has received full payment for the product.

Tax Liability

All products ordered by Customers that reside in the State of Nebraska shall be subject to Nebraska state sales tax. Any order that is tax exempt must be accompanied with a State of Nebraska exempt certificate & is the responsibility of the customer to provide. Out of state Customers are tax exempt.

Shipping & Delivery

Shipping costs will be added at the PayPal Web site. All orders are shipped priority mail per the rates shown below & are subject to change without notice. Packages are tracked via a Postal Service delivery confirmation number & may require a signature upon delivery. Special priority pick- up or delivery service must be arranged with Ortiz Originals & confirmed in writing by Ortiz Originals before the purchase.

Orders for handcrafted products, alterations or garment construction at the studio do not include shipping. It is the responsibility of the Customer to make arrangements for pick-up at the studio. Please call for an appointment.

Packages sent to Ortiz Originals require a tracking number or return merchandise authorization, which I assign. Packages sent without either will be refused. All packages must be sent with the shipping cost prepaid. If packages are sent C.O.D. or Freight Collect, they will be refused.

When Can You Expect Your Order

Each product is made to order & subject to the availability of materials. Most orders require 5-7 days to produce. Ortiz Originals will email the Customer the anticipated completion & shipping date, upon receipt of payment confirmation from PayPal. If material availability will effect the order delivery date, an email will be sent to the Customer regarding it & provide options according to the Customer’s needs. Ortiz Originals shall incur no liability of penalty for delays due to fire, accidents, acts of God or other causes beyond the contract.

Terms of Payment

New Garments Designed, Accessories, Alterations, Repairs & Design Consulting

First time Customers, and Customers Living outside the Local Studio Area are required to pay a 50% deposit at the time the order is placed. The balance is due upon pickup or being shipped.

Repeat Local Customers may pay the total cost when picking up the product.

Handcrafted Products Ordered Online

All online orders must be prepaid in full thru PayPal or by Check.

Method of Payment

Cash in U.S. funds.
Checks may be personal & business in U.S. funds from a bank located in the United States.
No counter checks or third party checks will be accepted.
PayPal for all online orders.

Returns, Refunds, & Exchanges

Claims for defects, damages or shortages must be made by the Customer in writing within seven (7) days of the delivery. Failure to make such a claim within the seven days shall be irrevocable acceptance & an admission that they fully comply with the terms, conditions & specifications of the order. Returns, refunds & exchanges will only be considered if:

• Requested within 7 days of the delivery.
• Merchandise is accompanied by a Return Merchandise Authorization Issued by Ortiz Originals.
• Merchandise is received by Ortiz Originals in like-new condition.
• Special order items such as Memory or Couture Bears are not returnable.
• Orders for Products Produced that include personalize monogramming or wording of any kind, alteration, or custom re-designing can not be returned for refund or exchanged under any circumstances.
• Standard Shipping & Handling, Priority, or Express Handling Charges will not be refunded, under any circumstances.

If the Customer meets Ortiz Originals’ return, refund & exchange policy, a credit will be applied to the Customer’s PayPal account for the original amount of the merchandise, less the shipping & handling, of any type. Local customers will receive a check from Ortiz Originals. Because of the type of products sold, exact replacements can not be guaranteed. Contact me about a return, refund or exchange.

Disclaimer of Warranty

The products covered by these Terms of Sale are provided “as is” without a warranty of any kind.

Liability Limitation

In no event will Ortiz Originals’ liability in connection with the sale exceed the stated selling price paid to Ortiz Originals by the customer.

Litigation

In the event that Ortiz Originals shall begin any litigation to enforce the terms of the Agreement, the Customer shall pay all court costs & reasonable attorneys’ fees for Ortiz Originals.

Governing Law

This agreement is governed & interpreted under the laws of the State of Nebraska, USA, as now or hereafter may be in existence.