KITSCH-N-KABOODLE

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NEW RULES ADDED EFFECTIVE 6/08 REGARDING FEEDBACK EXTORTION AND RUSH DELIVERY HARRASSMENT. 

OFFICIAL TERMS OF SALE: We are flexible with customers but we do adhere to our terms of sale for the protection of everyone involved. This is the official set of rules and policies for our store and all of our transactions.  Many online do not take this seriously.  Nevertheless, it is completely legal, legitimate, and you must comply with it in order to buy from us.  Please be forwarned that this document is legally binding and will stand up in any court in this country.  This gives you, the buyer, power in describing what you may receive for your purchase and your money, and it gives us power in limiting those people who seek to take more than what they are entitled to. 

The mere action of paying for something does not entitle a buyer to invent or make up the rules or regulations of a transaction.  Many people, especially on ebay, seem to believe the exchange of money entitles them to make whatever demands they wish.  On the contrary, when placing an order, whether online or in a brick-n-mortar store, whether goods in their current state or the labor of crafting those goods, you are a guest of the seller and must be respectful of your host.  It is his store, and you must honor his wishes while you are a guest there, just the same as you would honor your host when you visit someone's home. 

Your money buys you what the seller will offer at that price with those stipulations and does not give you the power to dictate terms to him.  What you get for your $ when you make your purchase is outlined ahead of time, and so you know what you may have and what to expect, specifically and exactly, these rules are published here.

Please feel free to ask questions for clarification. We did not invent these terms of sale. They are copied from other dealers and businesses and are the commonly accepted set of rules for on-line trading of used items, large items, services, and furniture. It may seem lengthy, but this is necessary because of the greater scope of what we do here, which is many times more work and investment than the average ebay trader.  Many of these rules were added along the way, resulting from a direct need to address a situation or problem. They all have basis in real life circumstances and are very important. Please do not be afraid to ask us about anything contained herein if you do not understand it. We realize it can get tedious, so feel free to ask anything at all. If you buy from us, you will be expected to comply with these rules whether or not you have read or understand them. It is not possible to buy from us without these rules, whether on or off ebay. Buyers who break the rules are in breech of contract and may be pursued in small claims court to ensure payment of unpaid moneys and/or damages and expenses that result.  On the other hand, if you believe you are not being treated fairly or not getting what you should, this rules should back you up.

1. GENERAL TERMS&CONDTIONS AND EBAY:

• All rules and terms of sale set forth by ebay apply for any item bid on or purchased through the ebay site. If you have not, please read the user agreement.
• Ebay policies and our terms and conditions here posted supercede all other terms and conditions set forth by any other companies, including financial and credit organizations. If the rules or policies of those organizations or companies conflict with our rules here posted, or ebay's terms, it may not be used in conjuction with a purchase from our store.  This includes paypal.  If already used, that company's conflicting rules and policies must be set aside in favor of the original terms described here on this page. 
• Ebay policies or user agreement will NOT apply to items purchased from us or our business through other off-ebay venues.
• All other terms and conditions set forth here below will apply to all sales, whether purchased on ebay or in any other forum.  These are our general rules, policies, and terms for all customers and all transactions.  Should any ebay policy conflict with our store terms of sale, the user agrees to abide by our store terms.  Ebay is an advertising venue only and has not power over the operations or fair trade policies of our shop.

2. DENOMINATION:

• All money is US funds, including shipping charges and tax, if applicable.
• Buyers are responsible for transaction charges or conversion fees, if applicable.

3. PAYMENT PERIOD, DUE DATES, LAYAWAY PAYMENT PLANS:

• All payments must be received within 8 calendar days of the sale end "transaction date" (as defined by ebay, the date the buyer and seller commit to the sale, causing the listing to end; for other off-ebay transactions, the date the buyer confirms intention to complete the sale over e-mail, phone, or other communication).
• Payments received between 10-20 days of transaction date are considered late but will still uphold obligation and complete transaction with no penalties. Items are held up to a month beyond the due date for payment to be completed.
• Late payments received after the 20th day may prolong shipping, completion, and delivery time, and for certain custom services may also limit the services received. 
• Payments received after 30 days will not guarantee delivery, except by special arrangement or prior agreement. Notify seller if paying more than 30 days post-sale. 
• Layaways are accepted, if arranged and a deposit made within the first 10 days, with installments to follow at 30-day increments.  Requests for layaway payment plans should be made and approved prior to sale.  Entering a layway agreement may place a buyer in a position that excludes them from certain ebay programs and protections, and as such we cannot offer or request it of a buyer.  We can only accept the buyer's request.
• Buyer is responsible for contacting the seller to make late payment or split payment arrangements. Only those arrangements made in writing with consent of both parties will act as a rider to this original agreement in completing the transaction with payments after the standard due date.  All other terms of sale must be met. 
• Seller reserves the right to refuse payments received after the 30th day without an approved payment plan and cancel sale at the buyer's expense, including all late fees and applicable cancellation costs, which may be deducted from a payment received post-30-days.
• Seller reserves the right to resell property not paid in whole or in part after 30 days without a payment plan. Any other applicable cancellation costs may apply, at the seller's discretion, and may still be charged the buyer regardless of whether the item is resold.

4. HOURS OF OPERATION & SERVICE TIME:

• Normal business hours are Wednesday through Saturday, noon to 8pm EASTERN STANDARD TIME, except national holidays, emergency, and vacation time.
• Emergency and vacation leave is permitted of ebay sellers and in some states may be considered a legally enforcable right. Service and communication is furnished only during normal business hours, on business days, except in cases of delivery emergency at the discretion of the seller.
• The public will be notified by automated means through private e-mail and vacation settings on the ebay store, which appear at the top title bar of all store pages and item listings.  In most cases, general inquiries may be handled by temp personelle through ebay's message system. Other communication requiring more in depth information may be answered on the next business day following vacation time.
• In case of buyer emergency, such as delivery problems or damage, during seller vacation time, it may be notified by e-mailing shipkitsch@yahoo.com with only the word "Urgent" in the subject line, and by calling either of our main telephone numbers and leaving a message.  Messages are checked during vacation time and downtime, but may not be responded to until the next business day, except in cases of geniune emergency, at the discretion of the seller.
• Service, both work-order and shipping and handling, is measured in BUSINESS DAYS, not callendar days.  A business day is a day when we are normally open to handle customers' orders, services, restorations, or any other part of the normal day to day workings of our store.  Shipment and work-order periods skip over callendar days that are not business days.  Sunday, Monday, and Tuesday are NOT business days.  Major holidays are NOT business days.  Any day where the vacation settings of ebay and yahoo are active are NOT business days.
• There are 4 business days in a standard week, excluding holidays.  There are 20 business days in most months.
• Seller reserves the right to work during off-hours and down-time in order to better help customers or to handle overflow.  Buyers may NOT force or instruct the seller to work during downtime.  Buyers must remain respectful of seller's offhours and home life.  PENALTIES MAY APPLY:   See also RUSH DELIVERY HARRASSMENT and FEEDBACK EXTORTION RULES BELOW.  See also SPECIAL TERMS FOR FURNITURE, LARGE ITEMS, AND CUSTOM WORK.

5. CONFIRMATION of sale

• must be made within one week (7 callendar days) of sale end for all bids or buy-it-now purchases.
• Bidders who do not respond to e-mail payment instructions or item queries within one week run the risk of forfeiting the item. Confirmation may be sent via e-mail, phone, fax, snail-mail, in person, or ebay checkout feature.
• Lack of communication and failure to confirm purchase intentions will not release a buyer from payment obligation.  See also RETURNED PAYMENTS and SALE CANCELLATION below.

6. SALE PRICES subject to change without notice.

• Most prices are copied or inspired by research of fair market rates found at major liquidation centers and auction houses on the east coast, or are reduced by percentage from those prices noted from professional and respected dealers, restorers, shows, and shops around the country. Most of our prices, and specifically prices for large furniture, represent the cost a dealer or store would pay for a like item prior to a 100-200% mark-up for profit resale in an upscale store or show setting.
• Prices fluctuate to correspond with inflation and market pressure, supply and demand, and labor, transportation, and storage expense, and may change at any time without public notification. Advertised price rates can only be guaranteed with a bid or a deposit.

7. ALL ITEMS subject to prior sale or restoration:

• items may be sold outside the store, and outside of ebay, via other forums at any time without prior public notification
• Any item, especially "before" or "kit" items and "custom" items are subject to prior work or restoration, without public notification, while still published in the store as originally found, which may result in pricing fluctuations to correspond with the new work or upgrades.
• Sold items are removed from the store as quickly as possible; new restoration work updated as quickly as possible.  
• Items with custom work in progress shall be notated or advised within the description as needed, and pricing revised to reflect level of completion.  Buyers shall not be forced to purchase unwanted restoration work IF purchased without publication, and may be released from purchase if the item has been changed at great additional expense without publication prior to bid.  Items where upgrades or restoration is proven published on the listing must be paid and accepted by the buyer.
• Items listed or forwarned with work "in progress" which describes the proposed work and/or cost for work will be billed including the work completed at time of purchase  as noted on the listing plus any additional work the buyer authorizes. Once authorized, the buyer agrees to pay for ALL work completed. See also CUSTOM WORK ORDER below.

8. CUSTOM WORK ORDER CONFIRMATION required prior to sale, for buyers needing repair, restoration, refinishing, or specialty finishing and shabby-chic-painting.

• Buyers are directed on listing pages for any custom work or any item including proposed restoration to confirm their purchase intentions prior to bidding or "buy-it-now" transactions. A buyer who fails to seek confirmation of current condition, work in progress, work or item availability, prior to entering a purchase for a custom work order cannot be guaranteed the service, price, or completion time. Buyer should seek written approval of any custom work over e-mail, fax, or snail-mail, prior to entering a bid/purchase.
• This clause does not apply to already completed items or items needing no restoration and no repair, or items marked 'as-is' the buyer elects to do or have another craftsman do.
• Failure of the buyer to clear a request for custom work prior to entering a purchase does not release that buyer from payment obligation if the seller accepts his order.
• Additional custom services for restoration, alteration, refinishing, shipment crating and insurance, or any other add-on services are not required to be sold through individual listings on the site for said services, and may be added to an invoice for a regular item sale under the 'seller charges or discounts' heading and desribed in the provided text message box on an ebay invoice.   Customers are not permitted to force seller to placed other services up for sale as ebay listings and may not withold payment to force the seller to do so.  It is permissible for sellers to added or deduct services or cost from an existing ebay invoice as needed or necessary.

9. SHIPPING METHODS and BUYER PICK-UPs 

• are left to our descretion, unless otherwise specified, arranged, or requested.
• We commonly use FedEx, GPX, DHL, American Freight, USPS, and Freighquote.com.
• We offer personal delivery, at our discretion or by request, up to 3-hours drive (one-way, 6 hrs round-trip) from Philadelphia PA 19123, 19122, or from Stewartsville NJ 08886. 
• Shipping methods are not required of buyers seeking their own shipping means, such as buyer-elected self-pick-up, or other buyer-arranged third-party shipping methods. Shipping searches post-sale, such as U-ship.com and self-pick-up, are welcomed, on the condition all other terms of sale are met, including payment due date, handling and storage fees, if necessary.
• PERSONAL PICK-UP items require a payment or deposit prior to pick-up.  In some cases, the seller may require full payment prior to pick-up. Sales tax may be charged for any remaining portion of a payment remitted at time of pick-up.
• A handling fee of 1/2 the local delivery price will be charged in cases of failed pick-ups without notification, due in addition to any other pick-up or delivery charges.  IE, if you can't make it, NOTIFY US.  If you cancel without notification and we need to deliver to you as a result, you must pay for the delivery and in some cases an extra fee, at the seller's discretion.  This clause is normally used only for exceedingly large or difficult items and multiple large-item pick-ups that are 'stood up'.
• Some pick-ups may be charged a handling fee if the item is located in an inaccessible storage location or otherwise represents a hardship to the seller, which covers our travel expense or paid help cost in meeting the buyer and unpacking the item. (eg, moving a piano; travelling to a consignor's location to meet a buyer outside our area for pick-up, etc.)  This is normally posted with item special terms adhead of time.  See also SHIPPING COST.
• SELLER RESERVES THE RIGHT TO DISSALLOW SELF-PICK-UPS IN CASES OF ABUSIVE OR OTHERWISE THREATENING CUSTOMER BEHAVIOR.  SELLER RESERVES THE RIGHT TO DISSALLOW PERSONAL PICK-UPS OF ITEMS WHOSE TOTAL PRICE IS LESS THAN $100.  SELLER RESERVES THE RIGHT TO NAME THE TIMING AND SCHEDULING OF A PICK-UP.
• Pick-up appointments are not guaranteed and may be rescheduled by either party in cases of emergency or hardship.  Make sure you CALL to notify if you can't make it.

10. SHIPPING COST:  FLAT-RATE vs. ACTUAL-EXPENSE, and COURIER DELIVERY vs. SELF-PICK-UP:

• Buyer is responsible for ALL shipping fees on ACTUAL-EXPENSE purchases (normally, those listings with rate calculators supplied by other companies) unless otherwise specified or arranged, including unexpected costs over and above original estimate, added accessories such as lift-gate, inside, or residential delivery, and cost of transaction or convenience fees (factored prior to estimate, included in all shipping prices), plus any and all packaging costs at the seller's discretion.
• Items with FLAT-RATE shipping are only guaranteed the flat-rate shipping price for the actual service indicated on the listing/sale or pre-arranged over e-mail, and so long as that service is available to the destination address.
• Flat-rates and quoted rate estimates do not include secondary added services, such as rerouting or en-route address changes, unauthorized return shipping, cost of failed delivery attempts, added accessory charges, lift-gate, residential or inside delivery, or temporary fuel surcharges, unless specifically noted on the listing or pre-arranged over e-mail. 
• All rates include payment transaction charges, known as convenience fees, which account for 5% of the shipping expense, which may be removed at the seller's discretion by request of the buyer for a shipping discount if also requesting paper payment means, such as check or money order.  
• Flat-Rates are based on an average actual cost to send a like-size item to the farthest domestic shipping zone, and include the carrier transit charge, packaging materials, and any other directly related expenses such as paid help, local taxes, transportation, or for personal delivery locations help, time, tolls, fuel, and vehicle expenses. 
• Shipping rates are not required of buyers seeking other shipment methods or self-pick-up and may be altered to suit circumstances upon agreement of both parties.
• Cancellation of buyer pick-up does not constitute cancellation of sale.  Failed pick-ups on the part of the buyer must paid in full, whether completed or not, according to the terms of this contract.
• During times of hardship, a fuel surcharge may be added to any shipment or delivery, in accordance with the law.
• Seller reserves the right to provide personal delivery inclusive of the advertised calculator rate for common delivery routes.
• Uncommon delivery locations within the delivery range (see #8) for large-item purchases are charged a mileage rate one-way (return trip not charged), as priced in the listing or otherwise confirmed with the buyer, local minimum $85.

11. SHIPPING CHARGES:

• are absolutely non-refundable by the seller. 
• Transit charges only may be returned by the carrier as part of a damage or loss claim, according to the liability rules of the carrier, as approved by its claims dept.  In some cases, the seller may act as conduit between recipient and carrier in the refund of these costs, as specified by law or carrier's terms, and as such reserves the right to reimburse himself for any actual expenses incurred as part of that process, including bank or financial institution charges, when forwarding the refund to the buyer. 
• Seller reserves the right to apply claims reimbursement to any unpaid portion of that buyer's account and will only forward the remaining positive ballance of funds.  (Example:  A damage claim is approved for $100. The buyer did not pay for an unforeseen residential fee during delivery of another item, which was $20.  The seller also paid $4 to the bank to process the transaction when receiving the claims check from the carrier.  The buyer would receive $76.)  Seel also DAMAGE/LOSS CLAIMS.

12. COMMUNICATION FAILURE:

• Neither party should ever be held responsible for equipment failure (computer, phone, e-mail trouble, etc.). 
• Should this result in failure of purchase obligation, buyer should contact us immediately to rectify the problem.  We would do the same for the buyer.
• Communication failure does not release a buyer from purchase obligation; does not release a seller from completion and shipment obligation.

13. NO RETURNS: ALL SALES FINAL 

• Items found not to match condition description are subject to partial refunds only, payable by cash or store credit, dependent on the situation, at the seller's discretion. All sales are final. Do not return ship any item without seller approval.
• Claims of items "not as described" are subject to seller or shipping company inspection. A buyer refusal of inspection will result in a refusal of your claim, whether damage-related, item description-related, or otherwise. See also DAMAGE/LOSS CLAIMS below.
• Buyers who return ship an item without seller approval must pay for that return shipping.  Refusing cooperation with the claims process may result in additional charges and refusal of claim.
  

14. DAMAGE/LOSS INSURANCE CLAIMS and SAF-PACK SPECIALTY PACKING FOR LARGE ITEMS: Do not return items damaged by shipping carrier. 

• If item(s) arrives damaged, keep all packing materials and contact seller immediately. Buyer must notify seller of damage within one week (7 days) of receipt. Buyer must cooperate with carrier's claims process.  Buyers who do not cooperate fully with the claims process of the carrier will be denied damage or loss compensation.
• Damage to freight shipments should be noted on the delivery receipt at time of delivery:  WRITE IT WHEN YOU SIGN FOR DELIVERY, ON THE SAME PAGE. 
• In cases of extreme damage by freight carrier, receiver may refuse delivery, at buyer's discretion. IF YOU REFUSE A HEAVILY DAMAGED FREIGHT SHIPMENT, DO NOT SIGN FOR IT, and contact the seller immediately.  (So far THIS HAS NEVER HAPPENED.)
• Damages will be claimed with carrier for those items which the bidder requested insurance or which have automatic insurance, according to the liability rules of the carrier, and the listing guidelines on the item page.
• SAF-PAK is an extra-heavy-duty packaging method that utilitizes high-impact commercial-grade packing material recycled from appliance stores.  It is our preferred method of packing and crating for items the size of a chair and larger, which pack&ship stores do not have the ability to package for us.  It is the best and the cheapest furniture crating in the industry and has created a new standard for used furniture sellers on ebay and the rest of the internet.  Not using SAF-PAK is similar to other ebay sellers' packing procedures for large items, which usually include only packing peanuts or one thin layer of cardboard or styro, which we feel are inadequate but we are being forced by ebay to adopt.  For this reason we have chosen to market our SAF-PAK as a separate upgrade option on most listings.  The only catch is that if you choose not to use SAF-PAK you may be limiting your recourse in the unlikely event of damage.  We feel that if we are to be forced to cut corners on safe packing, we cannot be held responsible for the consequences.  By buying from us and not utilizing SAF-PAK, you agree to these terms, and you agree to hold us completely blameless for any damage or compensation from shipment.
• FULL DAMAGE PROTECTION IS INCLUDED IN ALL SAF-PAK LARGE-ITEM AND FURNITURE SHIPMENTS.  Damage protection is NOT included for furniture & large item shipments where the buyer elected not to purchase SAF-PAK specialty safety packaging.  Not using SAF-PAK automatically waives additional damage protection, and some carrier's may refuse a claim in the case of insufficient packing;  Seller reserves the right to refuse to file claims where the lack of SAF-PAK crating is believed to make a claim null and void due to the carrier's guidelines on packaging.  Buyers may NOT claim compensation directly from seller for damage in transit.
• SAF-PAK may be optional for some items, required for others.  Optional SAF-PAK items require the buyer to agree to an insurance waver when bidding to receive the shipping discount for not using SAF-PAK.  Buyers who refuse to pay for SAF-PAK on items where it is required in the listing will be reported for non-payment.  Other charges and penalties may apply for refusing SAF-PAK, as the situation necessititates, at the seller's discretion, including late payment, account limitations, storage fees, and shipment delays.
• Insurance protection may have a small deductable, often the cost of packaging or handling, which is not refundable by the current laws and terms and conditions of most shipping carriers.  Shipping companies only refund on the basis of original item price and actual transit charges, which is supported by law.  Buyer is obligated to accept US law and carrier's terms in cases of shipping damage and loss and accept the claims settlement. 
• If a buyer is not happy with the claims resolution, he/she may take it up with the shipping company directly via other off-ebay resources, such as the FTC or BBB, WITHOUT INVOLVING THE SELLER.
• Neither buyer nor seller shall be held responsible for damage in transit. Damage compensation may be made in the form of replacement or repair cost, where applicable, in lieu of complete refund, as is Federally mandated, and outlined in the terms and conditions of most carriers.  Buyers may not make duplicate claims for the same damage case;  Buyers may not ask for payment direclty from the seller prior to completion of a claim in form a claims check from the carrier.
• SELLER IS NEVER RESPONSIBLE FOR LOSS OR DAMAGE IN TRANSIT. 
• Seller reserves the right to refuse claims processing in cases of questionable damage/loss, or when the damage is suspected or can be proven non-shipment-related.
• Penalties may apply for harrassing a seller over damage claims issues.  See also HARASSMENT & FEEDBACK EXTORTION rules below.

15. PAYMENT METHODS: DO NOT send cash. We accept

• electronic bank transfers, personal or chashier's checks, money orders for off-ebay venues; and most major creditcards, including Visa/Mastercard, American Express, Discover, for all venues including ebay.
• Personal checks from foreign banks are not accepted.
• WE DO NOT ACCEPT pay-pal or COD under any circumstances.
• Seller reserves the right to withhold payments for 7-10 BANKING days for clearance.
• Most cc payments clear our bank the Friday of the week following the payment processing.  Find the transaction date on your creditcard statement, and follow that date on a callendar to the next Friday.  That is your creditcard payment clearance date for your order.
• Only US postal money orders are considered "immediate" same-as-cash payments with no holding periods.  Other money orders and cashier's checks follow the same holding periods as personal checks.  At the present time, we are not allowed to offer acceptance of these payment forms on ebay.
• Seller reserves the right to refuse any cc payment we deem to be too costly to process, or would excede the payment limits of the processing company, normally item prices over $2000.

16.  RETURNED PAYMENTS  will be surcharged 

• the standard late fee of $50 plus any bank charges and other damages that may result. 
• A stop-pay returned check or chargeback cc dispute is treated the same as any other returned payment.  If a creditcard charge dispute is canceled by either the buyer or successfully refuted by the seller, no penalties are due.  If the dispute goes through for any reason, causing a financial loss to the seller, the buyer will be charged the same as any other returned payment and pursued via small claims court litigation. 
• Repayment plus damage costs is due immediately following notification. If uncollected after 30 callendar days post-return, interest of 6% may be added per anum. 
• Seller reserves the right to pursue unpaid return payments via third-party collection firms and litigation.  Returned payments not repaid within 30 callendar days will be turned over to authorities and prosecuted to the full extent of the law.

 
17. SHIPPING TIME: We ship as soon as possible.

• Most small items (smaller than a bread-box or microwave oven) are shipped within one week average of receipt of payment; most large items average within 5 weeks. Most standard items are denoted with shipment periods on the listing, usually 20 business days from payment clearance (roughly one month on a calendar).  Very small items are often shipped within 24-48 hours.  Holidays and vacation time may extend shipping times and do not count toward handling periods.  See also HOURS OF OPERATION AND SERVICE TIME.
• Extremely large items, anything very frabile or difficult to package shapes or heavy items, may require up to 40 business days to dispatch, as time is required for ordering specialty packing materials, packaging/custom-crating, and scheduling of shipment.
• Waiving SAF-PAK handling and packaging may speed up handling time on many shipments.  Buyer assumes all risk of damage for items shipped without SAF-PAK.  Items will full coverage and SAF-PAK shipping may take the full handling time to ready for shipment.  Buyers who refuse mandatory SAF-PAK may prolong shipping time.
• Carrier's transit time is not included in handling time estimates.
• Custom work orders, additional services, multi-order shipments, foreign large-item shipments, and/or split payment arrangements may prolong shipping time.
• Shipping schedule and time in transit cannot be gauranteed for standard economy shipping.  Expedited shipping is offered on most listings as an upgrade, and guarantees shipment within 1-2 weeks of payment receipt (no waiting period for payment clearance). Expedited orders must be approved by the seller for feasibility. 
• For custom work-orders with standard shipping, a packing/shipping time of 10 business days is added to the work time for completion.  For expedited custom orders, the work/restoration time and packaging/shipping time are concurrent, and are the same two-week period.  (eg:  a custom-painted vanity table with mirror and chair via standard service may be completed in the 7th week, and shipped in the 9th; the same piece purchased via expedited service may be completed in the second week and shipped the next day.)

18.  FEEDBACK EXORTION / DELIVERY HARRASSMENT PENALTIES

• Buyers who harrass, extort, or demand faster shipping, delivery, or completion of work, than what is outlined and stated on the site, in their agreement, or necessary for their respective orders will be penalized and charged for the extra service or work in their complaint. 
• The minimum penalty charged to a buyer for Feedback Extortion and Rush Delivery Harrassment is $40.
• A demand of faster shipping or delivery time, or faster work and labor, is considered RUSH DELIVERY HARRASSMENT (ebay sometimes calls it FB extortion), a form of theft which negatively impacts the seller's well-being and quality of life, and will be immediately billed for rush work or rush delivery, the balance of which must be paid immediately.  Further work, labor, handling, and shipping may be postponed, prolonged, or restricted, until such time as the buyer corrects these offenses and pays any balances due.
• Rush billing may occur even after payment of original billing, and after delivery. 
• Illigitimate complaints via harrassement include, but are not limited to, e-mails, faxes, or telephone messages in a belligerent demanding tone, posting to public forums, stop-pay or returned checks and disputed creditcard transactions, when any of these methods illigitimately claim lack of service or speed than was promised and paid for in the original order. 
• A lack of service complaint is illigimate and considered harrassment when it includes comments or demands for more or faster service than what is outlined in the buyer's existing purchase.  (eg:  a table is purchased, paid for in full on time with shipping of $50 for standard service, which is described in the listing with a handling period of 20 business days.  The table ships via standard service on the 15th day following payment clearance, as outlined on the listing.  The buyer leaves a negative or neutral comment stating "slow shipping".  The buyer will be immediately reported for non-payment and rebilled for rush delivery, offered on the same listing for $125.  The buyer must pay the difference of shipping in the amount of an additional $75.)
• Buyers who refuse to pay the penalties will be reported for non-payment if purchased from an ebay listing and run the risk of loosing their account priveleges, and may forfeit their goods, or previous payments made if non-compliance continues.  Delivery harrassement is a form of breach of contract and will be treated as such.
• Buyers engaging in this activity may remedy the situation by simply retracting any such comments, submitting a written letter of apology, and/or offering a peaceful and respectful resolution when prompted by the seller. 
• This clause does not pertain to additional services, goods, or speed, properly requested by normal pleasant means, whether before or after original order.
• The clause does NOT pertain to any issues other than demands of service faster or more than what is pre-ordaned in a listing, and a buyer is still free to voice opinion about the goods and services specifically described as included with sale payment.  IE, buyers may still report shipping damage, or geniune problems with an item's condition, handling speed IF it excedes a written guarantee, etc, which should be brought to seller's attention before taking any other action, in a kind and respectful manner.
• Demanding more than what we offer for the payment made is THEFT by deception, or extortion. It limits and degrades the quality of life of the craftsman or seller, and it is illegal.  Violators will be penalized.  Since we longer have the check & balance system that the FB forum used to offer sellers in curtailing this behavior, we are initiating this clause effective immediately for ebay.  This has long been standard practice outside of ebay. 

19. BEST OFFER GUIDELINES

• Shipping expense may not be 'included' in a best offer except for item prices that already include the shipping price.  The best offer feature states "shipping and handling are non-negotiable". Shipping method may be changed or altered as part of the best offer, but not the cost thereof.  The S&H cost is what the buyer reimburses us to have the item transported, and must be a seperately noted charge on any invoice. For this reason offers where the buyer has specified "including s&h" will be declined, or otherwise altered to reflect a seperate S&H cost independent of the item itself.  Any buyer terms requiring seller to pay shipping cost on a best offer will be ignored.
• Buyers should present their location city and postal code when making a best offer for any large item. As work, shipping, packing, and delivery plays a large role in our decision to accept an offer, buyers who do not provide details of purchase intention on best offers, or who do not respond when prompted for details, are often declined, at the seller's discretion. Seller may refuse terms or extra work the buyer did not present prior to making the offer.  Only offer terms in writing included with a best offer or requested beforehand may be considered a binding part of the contract.
• A BEST OFFER IS A BID AND AN AGREEMENT TO PURCHASE.  Buyers will be held to best offers as contractual agreement, same as a bid or regular purchase.  A buyer should not make an offer he/she does not intend to keep.  All terms and conditions apply to a best offer that is accepted. 
• BUYERS IN BREECH OF CONTRACT FOR NON-PAYMENT OR FAILED PICK-UP WILL BE LIABLE FOR THE FULL ORIGINAL SALE PRICE OF THE ITEM.  A BREECH OF CONTRACT INVOLVING NON-PAYMENT OR EXTRA SELLER EXPENSE MAKES A BEST OFFER PRICE NULL & VOID, AND WILL RESULT IN FULL ITEM PRICE BILLING. (Example:  This is specifically aimed at customers who make best offers with terms offering self-pick-ups. If the buyer offers 30% less in exchange for picking up the item in lieu of shipping & packing, and then never picks it up, that buyer has breeched their own offer terms.  The buyer will be charged the full original sale price of the item plus any other expenses or penalties relating to non-paying, including late fees, storage, and legal cost. Do not make an offer if you are not serious about keeping it!)

20. FEEDBACK: Private vs. Public Information

• We leave feedback for almost all transactions, where possible. Our feedback is public information, and feedback questions by any ebay member will be answered. Buyer comments and details about buyer actions concerning FB are PUBLIC information and are not privy to privacy policies where other current/active ebay members are concerned (ie, we may explain our side if someone asks). Personal information such as name, address, phone, is not divulged. Only our side of a situation and an accounting of actions of both parties may be offered to another user requesting such information.
• Feedback will not be left prior to item delivery. We REQUEST that the buyer also not leave feedback prior to delivery or lapse of delivery period, whichever is sooner, to ensure a complete transaction is represented in the comment. The buyer should post FB only AFTER transaction completion. Comments should refect both the item AND the complete purchase experience for both parties, and as such, we ask buyers please to refrane from entering comments until that process is completed, as much as is possible and reasonable. 
• Buyers should refrane from leaving FB or ratings about shipping costs provided by third--party companies, such as a freight company, UPS, FedEx, etc, as the seller has no control over those costs.
• Those buyers who miss the chance to leave FB may sign our guestbook on the MyWorld page to leave their comment at any time following delivery.
• We will not enter FB comments until we see tracking info reflects a delivered item. 
• Both parties are required to post only accurate and truthfull information. Users who lie or misrepresent facts on public forums like eBay's FB Forum are negligable for libel, slander, and defamation, and may be pursued via litigation in the court system of Philadelphia for correction of those offenses. Buyer agrees to post only TRUTHFULL FB. If a mistake is made, the buyer may edit the  FB and correct it.
• Buyer agrees not to leave negative FB concerning individuals or companies not related to the seller and outside the sellers control, including comments about outside craftsmen, shipping damage or delivery delays or speed.  Buyer agrees to only post feedback directly related to the item and the seller's part of the sale.   See also FEEDBACK EXTORTION/DELIVERY HARRASSMENT.

21.  TAXES MAY APPLY: 

• for any sale where the item and the buyer's listed residence are in the same state
• 7%, according to the laws of the state of PA and county and city of Philadelphia;
• 7% in the State of NJ, county of Warren.
• NY residents paying at time of pick-up/delivery must also pay NY State 7% plus any other taxes per municipality. 
• Customers picking up items in person and paying at time of pick-up may be required to pay sales tax, regardless of residence.
• If seller does not collect sales tax at point of sale, and the municipality deems a tax is due, the customer is directly responsible for paying the tax to the appropriate governmental body, as outlined by law. 
• Only transactions from out-of-state residents (those who live outside PA, NJ, NY), where either the payment and/or the item is transported across state lines, are exempt from sales taxation. Anyone residing in the same state, or anyone who both pays for and picks up the item in person, is liable for paying sales tax.  State law places the burdon of obligation on the purchaser.

22. BUYING OUTSIDE USA:

• Foreign buyers must e-mail country of origin for shipping estimate.
• Foreign buyers are not eligable for domestic flat-rates.
• We will shop around on the buyer's behalf to find the best price for overseas shipping. 
• Foreign buyers are responsible for all duties and taxes applied by importing countries; and are responsible for any additional transportation that may result from the claim or receipt of the shipment within their own country.

23. LOSS: 

• one month (30 callendar days) must pass from shipment date before an item may be claimed lost enroute for purposes of insurance claims. If 30 days pass without delivery, please notify via e-mail immediately. See also Damage/Insurance above. 
• For UPS, FedEx, and DHL, an internal search for an item may be initiated after 15 days of immobile tracking information.
• Loss claims follow the same procedures as damaged items and must go through a claims process with the carrier.  Seller is not responsible for items lost or delayed in transit.
• Creditcard chargebacks for non-delivery of shipped items (items that were sent and have proven tracking information) will BE REFUTED and treated as returned payments.  In the highly unlikely event of non-delivery, buyers are REQUIRED to comply with the claims process and will be pursued in small claims court if a payment is returned by the buyer's bank or card issuer.  Doing so will void a loss or non-delivery claim.

24. SALE CANCELLATION is

• not allowed for auction, Buy-it-Now, accepted best offers, and any other ebay purchases;
• is not allowed for any work order on-ebay or off-ebay where work has already commenced.
• No cancellation shall be allowed after payment is made in whole or in part; deposits non-refundable.
• Cancellations forced by purchaser via non-payment shall be assessed a restocking fee of 33.3% (one third) of the total cost of the item (shipping charges not included) or a minimum of $30, whichever is greater, to be paid within 60 days of sale close, regardless of whether the item is relisted or resold.
• Items that have been altered or are otherwise different from their original sale state may not be returned or canceled under any circumstances.
• Buyers who cancel an order and do not pay the cancellation fee within 60 days of the transaction date will be liable for the full cost of the item and a $50 late payment charge plus storage expenses as long as the item is still here for up to 6 months, regardless of whether or not the item is resold, in which case the seller reserves the right to file litigation and/or refer the account to a third-party collections agency. In extreme cases of non-payment for large items, storage fees, legal costs, and interest may also apply.

25. SPECIAL TERMS FOR LARGE ITEM PURCHASES and FURNITURE shipping:

• Shipping end-reciept of merchandise is buyer's responsibility. Seller will only facilitate this process as far as is reasonably possible. Refusing receipt of shipment on delivery end does not constitute cancellation of sale and will not result in a return of item, cancellation, or a refund.
• Once an item reaches destination city freight terminal it is considered delivered and belongs solely to the purchaser. Purchaser is required to accept delivery responsibility from that point on.
• Refused deliveries will not be automatically returned and will not be refunded. 
• Buyers who initiate a return shipment are solely responsible for the entire cost of return shipment.  Unwarranted returns may be refused or reshipped at the buyer's expense.
• See also STORAGE FEES below

26. STORAGE FEES MAY APPLY: for buyers wishing to pick-up, have third-party shippers, or need to delay the shipment of their purchase:

• No large item shall be left longer than one month from transaction date (as defined by ebay, the date the listing closes, and both parties agree to the transaction; for off-ebay, the date the buyer confirms intention to purchase the item). 
• Buyers who cannot remove their large purchases within this time will be forwarded storage costs of $1/day, or $35/month, for the period item is left behind beyond one month from sale end, payable to the seller. Seller reserves the right to resell property immediately if storage fees go unpaid.  Resold or relisting items does not release buyer from storage cost.  Small items may be charged $10/month storage if left beyond this time, at the seller's discretion. 
• THIS CLAUSE DOES NOT APPLY TO CUSTOM WORK ORDERS WHILE IN PROGRESS, AND IS ONLY CHARGED AFTER WORK IS COMPLETED. Completed custom work will be stored for one month after it is done, free of charge, with same costs to follow thereafter.
• Freight companies' storage costs may vary and will be charged by those companies to the buyer if packages go unclaimed. GPX stations will charge storage costs directly to recipient after one week (7 days). Most freight terminals will not keep packages longer than 30 days. Shipping terminal/trucking company reserves the right to discard property unclaimed after this time.
• Seller reserves the right to resell unclaimed property after 30 callendar days, without refund, and to withold paid merchandise until storage costs are paid in full where applicable.

27. LIMITATION OF LIABILITY:

• By purchasing an item, the buyer understands all merchandise is used and/or old, and by purchasing agrees the seller shall not be held responsible for any damage that may ever result from the receipt, use, handling, or general ownership of the item purchased, including but not limited to, personal injury, damage to personal property, or any secondary compensatory costs, whether direct or indirect.

28. TERMS subject to change without notice.

29.  ALL LISTING AND STORE CONTENT, both written and photographic, IS COPYRIGHTED INTELLECTUAL PROPERTY OF KITCH-N-KABOODLE AND ITS PROPRIETER.  It is created with the sole purpose of advertising and exchange of information with clients and potential customers, and may not be copied or used in whole or in part by any other party. See also ebay's policies on listing/photo theft, plagerism, and copyright infringement.