General Acceptance of Terms and Conditions
Please read these terms and conditions of use and notices carefully before using the ExplicitlyYoursPencils.com web site. Your use of the web site constitutes your agreement to all such terms, conditions and notices. If you do not agree to the terms and conditions of use, you may not access or otherwise use this web site. When you use any Explicitly Yours™ service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable under these terms and conditions.


Mission Statement
We take great pride in providing you with a promotional tool that will represent you, your child, your business or institution in the best possible way and in an extremely timely manner. We want this to be a terrific purchasing experience for you.

Help us by reading all order instructions and pay close attention to available punctuation and whether your selected font has UPPERCASE or lowercase lettering available. Type the text exactly as you want it printed and within the stated capabilities of the selected font.


Price
Buyer agrees to prepay the order. Personal checks are welcome, but production will NOT begin until the check has cleared our bank. The price includes one imprint color per dozen. California residents will be charged sales tax based on the current Los Angeles tax rate regardless of their county of residence. Pencils do not come sharpened unless specified in a promotion. Pencils can be sharpened for an additional charge per dozen. All prices are FOB Sherman Oaks, California. All listed prices are in United States currency and payment must be made in United States currency. Dies for logos start at $30. Explicitly Yours™ will not retain logo dies unless specifically requested to do so by the customer prior to shipment.


Orders by the Gross products are only for large quantities that are defined as 720 or more full length pencils, or 1,440 or more golf pencils or 1,440 or more carpenter pencils. Orders by the Gross ship separately from Orders by the Dozen and therefore require separate shipping fees.


Printing
All pencils in a particular dozen must have the identical imprint text, font, print color and pencil shape. Exterior pencil colors need not be the same. Pencils are printed for right handed users, unless requested otherwise in writing prior to production.

All pencils in an Order by the Gross must be identical for the minimum qualifying quantity. Multiple minimum quantity qualifying orders can be different.


Pencils
All pencils are USA made, Grade A quality except the Chinese Coloring Pencils with colored lead. Full-sized, #2 lead pencils come with ferrules and erasers, unless otherwise indicated. All pencils are wood cased, 1st quality pencils. Only golf pencils with and without erasers and the coloring pencils are factory pre-sharpened. Full-length, #2 lead pencils can be sharpened for an additional fee. Carpenter pencils are not sold sharpened.

Please note: The Chinese made Coloring Pencils are not monitored by Explicitly Yours for either melamine content or excessive lead content because the pencils are not edible, intended to be eaten or made to be eaten.

If your child chews on or eats pencils, then do not order any pencils from Explicitly Yours.


Regular Service & Shipping Information
Explicitly Yours™ makes every effort to complete orders and ship as quickly as possible by maintaining a well stocked inventory of blank pencils. It is common for orders to be printed within 24-96 hours. Shipping method and speed is selected by the customer at checkout. Shipping price is based on the weight of the order, distance and shipping speed chosen by the customer. Shipping is to one address, once. Returned shipments due to incomplete or wrong address submissions incur a new shipping fee as well as a $7.50 handling charge.


Rush Service
Rush service is available for Orders By The Dozen for an additional fee. All personalized items in the order must pay the rush fee to qualify for Rush Service. Orders placed before 5 p.m. will be processed and shipped before the end of the next business day. Orders placed after 5 p.m. are considered placed the following business day. If the order contains errors, then rush service will be given once all errors are corrected and received by Explicitly Yours in writing.

Rush fees need to be paid if an order must be processed and shipped no later than the end of the next business day for their intended use. If pencils must be possessed within less than one week to be useful for the purpose ordered, then the customer must select expedited shipping services that are date guaranteed, as well as pay rush fees. Rush fees must be paid for all personalized products ordered unless two shipping fees are paid.

Customer is not entitled to a refund if rush fees were not paid and the order had to be received in less than one week or by an otherwise unspecified date to be useful for the event or purpose ordered. Selecting overnight express shipping is not equivalent to paying for rush service since the order will not jump to the top of the printing queue based upon shipping method.

Orders by the Gross cannot be rushed under any circumstances.


Cancellations
Cancellations received after production commences will be charged only for the portion of the order that is completed at the time notification is acknowledged by an employee via email. If the entire order is completed, then the cancellation will not be accepted and the customer must pay the full invoice since personalized pencils cannot be resold. Cancellations must be in writing via email.


Return Policy
All sales are final. Personalized pencils cannot be resold due to the unique nature of personalization. The legibility, completeness and accuracy of the order are the customer's full responsibility with the sole exception that pencils with spellings that differ from the submitted text will be replaced and shipped to the customer at no cost to the customer.


Order Alterations on Orders By The Dozen
Alterations to orders that have already been placed must be emailed and telephoned in to ensure the alteration request is received. If the alteration communication occurs after the order has been completed, then the alteration will not be possible and a refund is not available since personalized pencils cannot be resold.


Order Alterations on Orders By the Gross
Alterations on hexagonal pencils will not be accepted once the order has been accepted because errors will occur. Alterations for round pencils are fine until the die has been approved so long as printing has not commenced. Once the die is approved, no alterations can be made without incurring a new die fee.

Alteration to Billing Information
If this occurs after credit card approval there will be a $25 charge to cover transaction fees and processing time. Credit card data is encrypted by the website and is not easily or readily available to us. The alteration communication must include all relevant information such as card number, expiration date and security code so that we can process the alteration.


Privacy Statement
Explicitly Yours™ will not sell, share or market its customer list or any of your personal information with anyone or any company. We respect your privacy and appreciate the opportunity to do business with you.


Security
Credit card purchases are made through the a secure server, which utilizes secure socket layer encryption. Your credit card data is transferred to the server in an encoded form and cannot be viewed by third parties or even us.


Production Time
Production time depends on the size of the order and the availability of in-stock inventory.  We will make every effort to complete and ship small orders within 96 hours. Explicitly Yours™ will call or email if selected stock is not immediately available and additional time is needed to complete the order. Large orders will be completed as quickly as possible. Logos require additional production time.


Logos
Custom logos necessitate the manufacturing of dies. They are available with an additional two to three week production time. The cost of the dies is not refundable in the event of order cancellation. The charge to manufacture dies for small quantity orders starts at $40 but may be more depending on the particular die, and for large quantity orders $30, which is a one time fee. Explicitly Yours™ will retain the die only at the request of the Customer. Otherwise, the Customer will be sent the die with the order. Please specify at the the time of placing the order whether the die is to remain with Explicitly Yours™ or sent to the Customer.


Shipping
Shipping is not included in the price of the pencils. Explicitly Yours™ requires a signature for delivery of all shipments. The shipping fee paid is for one shipment to one address, once. The shipping charge includes insurance as well as a reasonable handling fee to cover the cost of packaging materials. The shipping charge therefore will not be the actual cost of postage. All shipping is F.O.B. Sherman Oaks, California. Shipping is only to the continental United States and its territories. Orders by the Dozen ship separately from Orders by the Gross and cannot be combined into one shipping package and therefore require two separate shipping fees if contained in one order.


Unclaimed shipments that are returned to Explicitly Yours™ by the United States Post Office or any other carrier will be reshipped at the expense of the customer plus a $7.50 handling fee. If the customer fails to authorize new credit card charges to cover shipping, the order will not be refunded since personalized pencils cannot be resold. Customer hereby agrees to not reverse credit card charges for unclaimed shipments that are returned to Explicitly Yours™ and agrees to compensate Explictly Yours™ $350 as damages plus the original order fee plus all resulting court costs for charges that are reversed based on Unclaimed status of the returned order.


Modification of Web Site
We reserve the right to change and update the terms & conditions and any part of the website at all times.


Warranties
This website, including all content, software, functions, links, materials and information made available on or accessed through the website, is provided as is. No representation or warranties of any kind whatsoever are made for the content of the website or for any breach of security associated with the transmission of sensitive information through the website or any linked site. Explicitly Yours™ disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose.Explicitly Yours™ does not warrant that the functions contained in the website or any materials or content contained therein will be available, uninterrupted or error free. Known defects on the website will be corrected as quickly as possible. Explicitly Yours™ shall not be liable if the server that makes this website and email available, or emails sent from this website are not warranted to be free of viruses or other harmful components. Explicitly Yours™ shall not be liable for the use of the website, including without limitation, the content and any errors contained therein. Explicitly Yours™ disclaims any and all responsibility for content contained in any third party materials provided through links from this website. In no event shall Explicitly Yours™ be liable for any special, indirect, incidental or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not Explicitly Yours™ has been advised of the possibility of damage, and on any theory of liability, arising out of or in connection with use of this website.


Trademark Notice
Explicitly Yours™ is the trademark and/or service marks, or registered trademarks and/or service marks of Explicitly Yours™. The names of companies and products mentioned on this site may be the trademarks or service marks of their respective owners.


Disputes
Reasonable effort will be made to amicably settle disputes regarding quality of merchandise, shipping or payment. Buyer agrees that any dealings between Buyer and Explicitly Yours™ shall be governed by and interpreted in accordance with the laws of the State of California and Buyer further agrees to the jurisdiction of California State Courts. Buyer further agrees that venue for any dispute arising under this contract shall be Van Nuys in Los Angeles County, State of California, to determine any controversy arising in their dealings. Buyer agrees to submit to the personal jurisdiction of such courts for the purpose of litigating such action. If for any reason a court of competent jurisdiction finds any provision of the terms, or portion thereof, to be unenforceable, such provision shall be limited or nullified only to the extent necessary to make such provision legal, valid or enforceable, and the remainder of the terms shall continue in full force and effect.


Buyer hereby agrees that transactions that are correctly filled and shipped that result in a wrongful, unmerited chargeback shall incur a $125.00 charge payabable only by personal check within ten (10) calendar days to Explicitly Yours™ as reimbursement for disruption and harm to business, credit card chargeback fees, and direct and indirect costs incurred in disputing the wrongful chargeback.  If the personal check bounces, then an additional fee of $75 shall be paid to Explicitly Yours™ as just compensation for direct and indirect costs incurred by the bounced check. All legal remedies available will be pursued if payment is not received within ten calendar days.


Sales Tax
Customers whose billing address is anywhere in California agree to pay the Los Angeles County current tax rate as sales tax on their purchases regardless of their county of residence or business. Customers from states other than California do not pay sales tax unless they request that the order be shipped to a California address, and then the tax rate is Los Angeles County's current tax rate.


Telephone Customer Service
Telephone messages can be left at (818) 501-7774. We will return phone messages as quickly as possible. All changes to orders must be in writing and cannot be authorized telephonically. Telephone conversations are informational only, and are not binding.


Pencil Lead Disclaimer
The pencils used by Explicitly Yours™ are certified by PMA (pencil manufacturer's association) to contain no known toxic materials in sufficient quantities to be injurious to the human body.


Pencil Eraser Disclaimer
WARNING - CHOKING HAZARD. Erasers contain small parts and are NOT intended for children under the age of 3. Erasers are non-toxic and conform to ASTM D4236.


Repeat Customer Defined
A repeat customer is defined as a party who has paid for a purchase from Explicitly Yours™ on a previous calendar day.


Service Rights
We reserve the right to refuse service to anyone, for any reason.