Thank you for visiting. I’m so happy you are here! This is my world of creativity, plant magic, and enchantment. I’m delighted you are sharing it with me. Here are my TERMS & CONDITIONS:
The terms “we”, “us”, “our”, “my” and “Joyful Roots” refers to Kimberly P Kling a/k/a Kimberly Kling d/b/a Joyful Roots (“JR”). The term the “Site” refers to joyfulroots.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Joyful Roots provides a blog where users can read articles on plants, herbal education, creating, cooking, art, and a shop where users may purchase herbal and botanical goods, homewares, and art.
Use of the Site, including all materials presented herein and all online services provided by Kimberly P Kling a/k/a Kim Kling d/b/a Joyful Roots (“JR”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site and Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site and in the Service related to plants, herbal education, creating, cooking, art, and other information are subject to change. JR makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. JR disclaims all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Service, you are required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to JR will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Cancellations, Refunds & Returns
All sales of digital products downloadable upon confirmation of purchase are final. All live online workshops, courses and trainings being given during a specific time period are final. JR does not accept cancellations once your order is placed.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material you supply to JR. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to JR, remains yours to the extent that you have any legal claims therein. By submitting an order, you agree to hold JR harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Our Intellectual Property
The Site and Service contain intellectual property owned by JR, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
No Professional Advice
The information presented herein by JR is intended for educational purposes only. Any statements made by JR on this website, through email correspondence, withing videos, and other communication, have not been evaluated by the FDA and are not intended to diagnose, cure, treat or prevent disease. Individual results may vary, and before using any supplements, it is always advisable to consult with your own healthcare provider.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, JR is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if JR has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall JR’s cumulative liability to you exceed the total purchase price of the Service you have purchased from JR, and if no purchase has been made by you JR’s cumulative liability to you shall not exceed $100.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with JR. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and JR pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by JR shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by JR.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
PO BOX 1336
Hereford, AZ 85615
Payment is accepted via PayPal. Payment must be received with 48 hours of purchase or I reserve the right to cancel the transaction and relist the item. PayPal can be used to purchase with a credit card without creating a PayPal account. Immediate payment is expected at checkout.
Your item(s) will be shipped only after full payment has been received. If you have paid by E-Check through Paypal I will wait until the payment clears before working on your order/shipping.
All prints are shipped flat in protective packaging or rolled in a mailing tube (for larger prints) unless otherwise noted.
I will ship to the address provided to me by PayPal when I receive payment. In order, for your items to arrive without delay, please make sure all addresses are correct! (Or leave me a note telling me where to ship.) I am happy to ship directly to your gift recipient!
*If you would like to upgrade shipping or need quicker shipping, please contact me before purchasing and I will get you an updated invoice.
* Packages are shipped either via USPS First Class or Priority Mail or UPS Ground, unless otherwise discussed.
* Items do not include insurance or delivery confirmation unless stated. If you would like to add shipping insurance to the order, please contact me before your purchase so I can update the invoice.
* If you do not see international shipping listed for an item, this is because I need to get a shipping estimate before offering you a shipping price, based on your exact location. Please contact me so that we can create a specific shipping cost for you, prior to purchase.
*Packages are shipped via International First Class Mail. Delivery times may take as little as 10-12 working days but may vary up to as much as 4-6 weeks.
*International shipping rates can vary greatly, so I cannot specify the exact rate for each country. Therefore, I ask that you pay a flat fee up front and I will refund you any amount that is more than a $2 difference on the actual shipping cost after the item has shipped.
* International orders DO NOT have Delivery Confirmation (Tracking); therefore, location/status of package cannot be tracked or delivery date of package cannot be estimated.
* Buyers are responsible for any duty/tax that is due upon receipt of the package. I cannot accept responsibility for international orders that are held up in customs.
* Please do not ask me to be dishonest on my custom forms. I will not mark your order as a “gift”, unless I have decided to give you your entire order for free.
*I will ship only to verified PayPal accounts.
*If you are purchasing multiple items I am happy to do combined shipping. You will be charged for the greater of the item shipping prices plus the “if shipped with another item” costs for each additional item.
*Please make sure your Paypal shipping address is correct. If not, please clarify the address to which you prefer me to send your purchased item. If a package comes back to me due to an error on your part (inaccurate address, etc), I will send you an additional invoice via paypal to cover cost of re-shipment.
*I would be glad to work with local buyers if you would like to schedule a pick up for a $5 flat rate.
Refund and Exchanges:
I want you to be delighted with your purchase, but please understand that I cannot take returns for clothing & jewelry items or any items which have been used. However, if your item arrives damaged or defective, please contact me within 10 days to work out a refund.
You will be responsible for returning items in their original condition as well as return shipping costs (unless item arrived damaged or defective).
In the event of a lost package, I will ask you to wait 4 weeks before I replace your item. It has been my experience that even the most sidetracked packages find their way in that time frame.
A FEW THINGS TO NOTE FOR ARTWORK:
Many orders are custom created once ordered, so please note estimated shipping times in each product description. Some custom orders and matting/framing will take additional time. If you have a specific deadline, please let me know and I will try to accommodate your request.
The ability to accommodate a size of a print will depend on the original ratio and resolution of the image. Please contact me with any ideas or special requests and I will let you know what I can do.
Digital colors vary from screen to screen, so I cannot guarantee the accuracy of the colors you see. I do, however, expect a high-level of quality and richness in my prints and try to accurately depict the colors of my originals as seen on my computer screen.
If you are requesting a custom order from me, I will require a 50% deposit to get started. We will discuss estimated turn-around time, and when the final piece is complete, I will require full payment before it is shipped. I will give you a look to see how the painting is coming along midway through if you desire, and at this point, you can specify small changes. Redoing colors or main elements of the painting will require starting over in most cases, therefore I may have to charge you for my extra time or for a new painting. For this reason, it is important for you to be as specific as possible during our initial discussion about your custom order. I will do my best translating your thoughts into a work of art, and I want you to be happy with the final work. Creating a painting is a fluid and intuitive process for me, and so sometimes the best surprises arise from this responsive technique. I like to say that the painting often “paints itself” into being.
When you purchase a painting, you are purchasing the original or print but not the rights to that particular creative work. The artist (Kimberly Kling) reserves the rights to all artwork, reproductions, and digital forms. All rights not expressly granted are retained by the Artist, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted in writing requires an arrangement for payment of a separate fee.
Thanks for being here! Let me know if you have any questions. 🙂