Terms & conditions

01Agreement to these terms

By using americanpatriotcollectibles.com or placing an order, you agree to these terms, to our privacy policy and to our disclaimers, both incorporated here by reference. If you do not agree, please do not use the site or order from us. “We,” “us” and “our” mean American Patriot Collectibles, a sole proprietorship owned by Gary Chariz Davis; “you” means the person using the site or placing the order.

02Who may order

You must be at least 18 years old and able to enter into a binding contract. Orders ship to addresses within the United States only. You agree that the information you give us for an order is accurate and complete.

03Products and descriptions

We describe our products as accurately as we can, including materials, dimensions and whether an item is sewn or printed. Photographs are illustrative and are not photographs of the exact item you will receive; colors vary between screens and natural materials vary between production runs, and slight differences are normal and not a defect. Stock counts are updated by hand and can be out of date; if an item you ordered is unavailable, we will tell you before taking payment. See sections 6 and 7 of our disclaimers.

04Prices, tax and errors

Prices are in U.S. dollars and exclude shipping and any applicable sales tax, both shown on your invoice before you pay. We collect Arkansas sales tax where required, and tax in other states where we have an obligation to do so. We may change prices at any time, but the price on an invoice is the price you pay for that order. If a price or description is listed incorrectly because of an error, we may cancel or correct the affected order before it ships and will refund any payment already taken in full.

05How orders are placed

You can order in two ways: add items to the cart and check out on this site, which sends your order to us; or call +1 (479) 366-4268 during shop hours and we will take the order over the phone. Our catalog, the cart and any quote are an invitation to order, not a binding offer. A contract is formed only when we issue an invoice and you pay it. We may decline or cancel any order, including for suspected fraud, a pricing error, unavailable stock or an address we cannot serve. If we cancel an order you have already paid for, we refund it in full.

06Payment

Payment is made through a secure checkout or invoice link handled by a third-party payment processor. We do not receive or store your full card number. We do not accept card details sent by email or message and will never request them that way. Orders ship after payment clears.

07Shipping and delivery

In-stock orders leave our shelves within one to two business days of cleared payment. Made-to-order items state a longer lead time in the catalog. Shipping is a flat $6.95 within the continental United States and free on orders over $75 before tax; rates for Alaska and Hawaii are quoted on the invoice.

Delivery estimates come from the carrier and are not guaranteed. We are not responsible for carrier delays, weather, or delivery failures caused by an incorrect address you supplied. Risk of loss passes to you on delivery to the address you gave us. If tracking shows delivery but the package is missing, contact us within seven days and we will help you open a carrier claim.

08Returns and refunds

You may return most items within 30 days of delivery for a refund or exchange, provided they are unused, unwashed, unworn and in original packaging. To start a return, email info@americanpatriotcollectibles.com or call +1 (479) 366-4268 with your name, the order date and the reason. We will issue a return reference number and the address to ship to. Returns sent without a reference number may be delayed.

Return shipping is paid by you unless the item arrived damaged, defective or incorrect, in which case we cover it. Refunds are issued to the original payment method within five business days of our receiving and inspecting the return; your bank may take longer to post it. Original shipping charges are refunded only when the return is our error.

Not returnable: custom and personalized items, bulk orders produced to your specification, and items that have been flown, worn, washed or used, unless defective.

09Damaged or incorrect items

If an item arrives damaged, defective or is not what you ordered, tell us within 14 days of delivery and include a photograph if you can. We will replace it or refund it in full, including shipping both ways, and we will not ask you to pay for the return.

10Bulk and custom orders

Bulk and custom orders are quoted individually and may require a deposit before production begins. Once production has started, a custom order cannot be cancelled and is not returnable except for defects. You are responsible for approving artwork and spelling before production; we produce exactly what is approved. You confirm that you hold the rights to any logo, name or artwork you ask us to reproduce, and you agree to indemnify us for claims arising from it. We may decline any custom request, including artwork that is unlawful, infringing, hateful, or that would imply an affiliation or endorsement that does not exist.

11Care and proper use

Our care instructions, including those published in our journal, are general guidance only. Flags are outdoor textiles and will eventually wear out; wear from wind, sun and weather is normal use and is not a defect. Flying a flag in sustained high wind, freezing rain or on undersized hardware shortens its life considerably and is not covered by our returns policy. Enamel and ceramic drinkware can chip if dropped or knocked and is not covered against impact damage after delivery.

12Intellectual property

The content of this site — text, layout, artwork, illustrations, photography and the American Patriot Collectibles name and logo — is owned by us or used under license and is protected by copyright and trademark law. You may view and print pages for your own personal or internal business use. You may not copy, republish, sell or commercially exploit our content, or use our name or logo, without written permission. The flag of the United States is not claimed as our property; our original designs and artwork are.

13Acceptable use of this site

You agree not to use this site to break the law, to attempt unauthorized access to it or any related system, to introduce malicious code, to scrape or harvest data by automated means without permission, to interfere with its operation, or to impersonate us or another person. We may suspend access to anyone who does.

14Reviews, photographs and other content you send us

If you send us a review, testimonial, photograph or suggestion, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce and display it in connection with our business, including in advertising, with attribution to the first name and initial you provide unless you ask otherwise. You confirm the content is yours to give and is not unlawful or offensive. We are not obliged to use it and may remove it at any time.

15Disclaimer of warranties

This site and its content are provided “as is” and “as available.” To the fullest extent permitted by law we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the site will be uninterrupted, error free or secure, or that any defect will be corrected. Nothing in this section limits any warranty or right that cannot be excluded under applicable law, including your rights as a consumer.

16Limitation of liability

To the fullest extent permitted by law, American Patriot Collectibles and its owner will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or loss of goodwill, arising out of your use of this site or any product purchased from us. Our total liability for any claim relating to an order will not exceed the amount you paid for that order. Some states do not allow certain limitations, so parts of this section may not apply to you.

17Indemnification

You agree to indemnify and hold harmless American Patriot Collectibles and its owner from claims, damages, losses and reasonable legal fees arising from your breach of these terms, your misuse of the site, or artwork or instructions you supplied for a custom order.

18Governing law and disputes

These terms are governed by the laws of the State of Arkansas and the United States, without regard to conflict of law rules. Any dispute will be brought in the state or federal courts located in Carroll County, Arkansas, and you and we consent to their jurisdiction. Before filing anything, please write to info@americanpatriotcollectibles.com or call +1 (479) 366-4268 so we can try to resolve the matter directly; most problems are solved in one call. Nothing here prevents either party from bringing a qualifying claim in small claims court.

19General provisions

These terms, together with the privacy policy, the disclaimers and any invoice we issue, are the entire agreement between us on their subject matter. If a provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these terms without our consent; we may transfer ours in connection with a sale of the business. We may update these terms by posting a revised version with a new effective date, and the terms in force when you place an order are the ones that apply to that order. We are not liable for delays or failures caused by events beyond our reasonable control, including weather, carrier disruption, supply shortages and utility or network outages.

20Contact

• Email: info@americanpatriotcollectibles.com
• Phone: +1 (479) 366-4268
• Mail: American Patriot Collectibles, 53 Mundell Rd, Eureka Springs, Arkansas 72631
• Owner: Gary Chariz Davis