- Terms & Conditions
Terms & Conditions
- 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.
We strive to give outstanding service to honest Internet customers. 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. Please select strong contract between pencils & print color for example, red pencils with white print.
- Buyer agrees to prepay the order. Personal checks and cash are not accepted.
- The price includes one print color, one pencil shape & length, and identical text per dozen.
- Full-length pencils are unsharpened unless stated otherwise on the website. Golf and Coloring pencils are factory pre-sharpened.
- All prices are FOB Sherman Oaks, California which means our responsibility for your order ceases once the shipping carrier has possession of your package. Use of this website means that you agree to hold harmless Explicitly Yours™ for delayed delivery by the shipping carrier.
- Shipping is not included in the product price unless stated otherwise on the website.
- All listed prices are in United States currency and payment must be made in United States currency at the time of the purchase.
- Pencils do not come sharpened unless specified in a promotion.
- Explicitly Yours™ will not retain Large Order logo dies unless specifically requested to do so by the customer prior to shipment.
All pencils in a particular dozen must have the identical text, font, print color and pencil shape & length. Exterior pencil colors need not be the same. Pencils are printed for right handed users, unless requested otherwise in writing prior to printing.
- Font - Text Incompatibility
Incompatibility occurs when customers submit text containing letters that their selected font cannot print.
Examples of Incompatibility:
- This is wrong. ARIAL - UPPERCASE ONLY selected font.
As an UPPERCASE ONLY font, Arial cannot print lowercase letters.
- Font - Text Incompatibility
- Order Details
Personalized printing has no room for printing errors. Therefore, we must have a single, complete and correct order submission for us to print from or the order will be rejected with a full refund, and Customers will be asked to submit an entirely new, complete and correct error-free order for us to follow.
- Spelling & Grammatical Errors
- It is the Customer's sole responsibility to correct spelling and grammatical errors prior to submitting the order.
The USA pencil manufacturing industry has radically changed in recent years. Pencils are no longer manufactured from start to finish exclusively in this country. Portions if not the entire pencil is made internationally so we can no longer state that the pencils are USA made. However, we purchase inventory from USA companies, and our inventory consists of Grade A 1st quality, #2 lead, wood cased pencils; except the Chinese Coloring Pencils with colored lead. Full-sized, #2 lead pencils come with ferrules and erasers, unless otherwise indicated. 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, if sold, are not sold sharpened.
Please note: Chinese made pencils are not monitored by Explicitly Yours@trade; for either melamine 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 1-72 hours. Shipping method and speed are selected by the customer at checkout.
Shipping price is not included in product pricing. Shipping is based on the weight of the order, distance and shipping speed chosen by the customer. Shipping is to one address, once.
Selecting USPS Priority Express 1-3 day 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.
Returned shipments due to incomplete or wrong address submissions, or that are unclaimed by the customer at their local post office, incur a new shipping and handling fee as well as a $10 reprocessing charge.
All prices are FOB Sherman Oaks, California which means our responsibility for your order ceases once the shipping carrier has possession of your package. If delivery is delayed, then you will need to contact your local United States Post Office directly. We have no control over the United States Post Office and have no ability to locate a package once in the possession of the United States Post Office. A tracking # is emailed to every customer on the day the order ships.
Rush service is available for an additional fee per dozen on error-free orders only. Order pages contain detailed rush service information.
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 an order refund if the order had to be received in less than one week or by any specified date to be useful for the event or purpose ordered and rush service & Express Overnight shipping were not paid for. Select Express Overnight Shipping at check-out for date guaranteed delivery once shipping takes place.
Cancellations must be received and acknowledged via email prior to the commencement of printing. 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.
Explicitly Yours™ is not liable for delayed delivery by the United States Post Office. Customer is solely responsible for submitting a claim to the United States Post Office, which involves saving the shipping box and contents and submitting paperwork to the United States Post Office at the time of making a claim for loss, damage or missing contents. Evidence of mailing and insurance will be provided by Explicitly Yours™.
Shipping insurance on every order covers lost, damaged or missing contents but not delayed delivery. The USPS will not process insurance claims for delayed delivery until thirty (30) days after the shipping date.
Damages are limited to the order price paid and may not exceed the order price paid. No coverage is provided for consequential losses, delay, concealed damage, spoilage or normal shipping handling.
- 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 reshipped to the customer at no cost to the customer using the same USPS method paid for in the order.
- Emailed Order Alterations or Corrections
Explicitly Yours reserves the right to not accept or cancel orders containing errors because they are confusing and can too easily lead to printing mistakes. Customers may be asked to resubmit entirely new orders without errors.
Customer will be notified that errors exist only via email, and it is the customer's sole responsibility to provide a valid email address for us to communicate to the customer. It is the customer's sole responsibility to check their own SPAM box if there is a possibility that our emails will not be delivered. Explicitly Yours is not responsible for any damages resulting from emails that end up in a customer's spam box. If a reply is not received in 48 hours, the order may be cancelled and the customer can submit a new errors-free order.
Alterations or corrections to orders must be emailed to us and the customer's email must be acknowledged as received by Explicitly Yours to ensure the alteration or correction is timely received. If the alteration communication occurs after the order has been completed, then the alteration will not be possible and a refund will not available since personalized pencils cannot be resold.
- Submission Errors
- Careless or sloppy submission errors, for example, not reading or following the order instructions, submitting wrong zip codes or providing USPS undeliverable ship to addresses, greatly increase the odds of our making errors or packages not being delivered. We handle this by rejecting those orders and refunding the payment in full. We wil not pay staff to read the order page to customers. Refunds can take 3-5 business days to show up in electronic accounts. It is the customer's responsibility to check their Spam box for our emails.
- Errors that fall into a category of the submission won't work well are handled differently. We will email recommended tweaks and hold the order for 48 hours while waiting for a customer response to our email. If no response is received in that time, the order will not be processed, declined, and payment in full refunded. Refunds can take 3-5 business days to show up in electronic accounts. Customers are responsible for checking their Spam box for our emails.
- 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.
Credit card purchases are accepted through Paypal or a direct link to a credit card processor. At no time does Explicitly Yours™ receive credit card numbers. This is the highest level of security we can offer you.
Many factors go into production time such as complexity of the order, number of fonts, number of different types of pencils, number of text lines, order in the queue and errors in the submitted order that are not timely corrected by customers. We try to complete and ship small orders within 72-96 hours. Explicitly Yours™ will email the customer if selected stock is not immediately available and additional time is needed to complete the order.
- Logos & Emoticons
Logos, emojis, emoticons and combinations of standard punctuation are not available on orders by the dozen.
Shipping is not included in the price of the pencils. Explicitly Yours™ requires a signature for delivery of all shipments over $150. 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
Unclaimed shipments that are returned to Explicitly Yours™ by the United States Post Office or any other carrier, will be reshipped at the additional expense of the customer plus a $10.00 handling fee. If the customer fails to prepay new credit card charges to cover the second or subsequent shipping, the order will not be reshipped or 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 Explicitly Yours™ $150 as reimbursement for staff time dealing with the order processing and reprocessing and as liquidated damages plus the original order fee plus credit card processing fees plus all resulting court costs based on the 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 any time.
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™ Explicitly Yours Pencils™ are the trademarks 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.
- 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 exclusively in accordance with the laws of the State of California and Buyer further agrees to personal jurisdiction of California State Courts. Buyer further agrees that venue for any dispute arising under this contract shall exclusively be Van Nuys in Los Angeles County, State of California, including all Small Claims lawsuits, 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 of Service, 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 to pay for all court costs incurred by Explicity Yours in seeking payment in full or damages resulting from online transactions by Buyer.
- Buyer hereby agrees that transactions that are correctly filled and shipped that result in a wrongful, unmerited chargeback or Better Business Bureau complaint filing shall incur a $150 fee to cover staff time preparing a response and/or court or credit card processor fees. This fee shall be payable only by Paypal or a United States Postal Service Money Order made out to Explicitly Yours within ten (10) calendar days to Explicitly Yours™ at 13636 Ventura Blvd. #264, Sherman Oaks, CA 91423, as reimbursement for disruption and harm to business, credit card chargeback fees, and direct and indirect costs incurred in disputing the wrongful chargeback.
- Buyer hereby agrees that transactions that are timely refunded-in-full yet that result in a subsequent wrongful, unmerited chargeback or Better Business Bureau complaint filing shall incur a $150 fee to cover staff time preparing a response and/or court or credit card processor fees. This fee shall be payable only by Paypal or a United States Postal Service Money Order made out to Explicitly Yours within ten (10) calendar days to Explicitly Yours™ at 13636 Ventura Blvd. #264, Sherman Oaks, CA 91423, as reimbursement for disruption and harm to business, credit card chargeback fees, and direct and indirect costs incurred in disputing the wrongful chargeback or wrongful Better Business Bureau complaint.
- Sales Tax - California & Texas Residents
Customers whose billing address is anywhere in California agree to pay the Los Angeles County and Los Angeles City current tax rate as sales tax on their purchases regardless of their county of residence or business. California law requires that we collect sales tax on the shipping & handling fee because it is calculated and presented to you as a single fee.
Customers from Texas agree to pay the highest state & county combined tax rate regardless of their county or residence or business. No other state, other than California and Texas, currently pays sales tax unless they request that the order be shipped to a California address, and then the tax rate is Los Angeles County and Los Angeles City's highest current tax rate.
- Telephone Customer Service
All communications and changes to orders must be in writing to prevent errors and miscommunications Explicitly Yours™ sends emails to notify errors exist in orders. It is the customer's responsibility to provide us with legitimate email addresses and to check their SPAM email box.
Customer agrees to pre-pay orders. Purchase orders, cash and personal checks are not accepted. PayPal is one of the credit card payment methods.
- 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 customer who purchased personalized pencils on a prior calendar day from Explicitly Yours™ and who has sustained a positive relationship with Explicitly Yours™ without compromising our trust thereby jeopardizing the business relationship. Deeply discounted large order brokering starting at a minimum quantity of 5 identical gross (720 identical pencils) is available to Repeat Customers who have completed five different previous orders.
- Service Rights
We reserve the right to refuse service to anyone, for any reason.