Terms & Conditions

Our Worry-Free Satisfaction Guarantee

If you are not satisfied for any reason with the custom product that we build for you, you can return the product to us for 100% credit of the cost of the product. Unfortunately shower doors and shower door panels are not eligible to be returned and do not fall under the terms and conditions policy about returns.

Our #1 priority is your happiness. We custom build functional art with the goal of bringing soul into your living space. Any and all manufacturing issues covered by our warranty will receive the highest priority. However, sometimes, even when the product exceeds the manufacturing standard we set, you just are not happy with the product, and it does not meet your expectations. If, for any reason this is the case, we welcome the opportunity to understand what about the product you are unhappy with, and we will work diligently to fulfill the Worry-Free Satisfaction Guarantee. For this reason, we offer a generous and outstanding returns program and gladly offer to rebuild your order (or build you something else) with the return of the product, in new condition, within 60 days of receiving it. Please review all of the terms and conditions so we set proper expectations and the return page so we can easily and quickly build the product that will bring soul to your living space. This 100% Worry-Free Satisfaction Guarantee is one of a kind in any industry for a custom product.

Our Guide for Your Custom Order

Rustica is a premier custom door builder and custom barn door hardware manufacturer. Our products are CUSTOM made from raw materials specifically for your order. We dedicate specific materials and labor to your order. You pay for that commitment when you order. Because of our unique business model, we have outlined our specific cancellation and return policies as well as important shipping expectations, included in this document. We have also shared other important details below which will help ensure that your experience and product is everything you are expecting.

Online Orders

It is the consumer’s responsibility to understand what they are ordering when using the online system and to verify from the order confirmation that we have selected everything correctly when ordering over the phone. Rustica has provided many online photo resources and descriptions to help you during your order. Please read these descriptions carefully. If you are unsure about what your order will look like or what is included, please call Rustica at 1-800-891-8312 for help placing your order.

Phone Orders

It is our goal to understand what the customer's needs and expectations are as we talk over the phone. We will do our best to guide the customer's decision-making process to what will work best for the customer based on our understanding of the information given. However, at times there may be a lack of information or understanding that can create frustrations later when the customer's expectation is not met. Please note that it is the customer's responsibility, and not the manufacturer, to confirm that all sizes and measurements are accurate and that what is ordered is what is needed. Please review every detail of the order placed in the order confirmation. We will build your product to the order that is placed, and it is the customer's responsibility to review the confirmation of any order placed over the phone to verify it is correct.

Upon Delivery

Please inspect the product upon receipt. Please notify us of any damaged or missing items within 2 days of receiving the product. It is necessary to know immediately of any shipping damage for the shipping claims. Requests for missing items beyond 60 days of receipt will not be accepted.

Before Installation

Please inspect your product carefully before installation. Rustica is not responsible for any costs associated with installation or de-installation including but not limited to contractor or installer time, travel or transportation of the product for any reason including manufacturing issues.

Production & Shipping Lead Times

Since almost all our products are built specifically for each order and off many customized options the build time can best be estimated on each product page with the customized options already selected. Remember that since almost everything we make is from raw materials, and we set a high-quality standard these production times are estimated and are not a guarantee.

Instructions

Instructions for your product can be found on our website here: https://rustica.com/instructions/

Important Shipping and Production Information

• Orders for only hardware, and other products that are under the shipping size limitation ship via a small pack. Carriers like FedEx or UPS have a maximum length of 8 feet. Tracks and headers over 8ft will be sent in equal pieces less than 8ft long.

• Assembled doors ship via an LTL freight carrier like Estes Express or Old Dominion Freight Lines.

• VERY IMPORTANT SHIPPING INFORMATION

  • Doors will ship in a custom built protective wood crate. This is to safeguard the door during transit only. Doors should be opened immediately to confirm their safe arrival. Even though we custom build a crate to protect your door, on occasion something will happen during transit that can harm the door. You are responsible to open and completely review the door (all sides of it and all the specifications) and notify us of any damage within 48 hours of receiving the door.

  • Please do NOT leave your door in your crate outside exposed to the weather. Even a door that is finished here in our facility may adversely react to precipitation and temperature while in the crate. Please relocate the crate to a protected location and remove the door as soon as possible.

  • Please do NOT destroy or dispose of the crate your door is shipped in until you are completely satisfied with your product. In some cases this may mean setting the crate aside until the door is completely installed and you are completely happy. Rustica is not responsible to provide another shipping crate should you dispose or destroy the one we shipped your product in if the door needs to be returned.

  • Curbside delivery is included with each order that is not oversized. The freight company is not responsible for anything more than curbside delivery for any order.

  • Some doors (and you will be notified in the build process and in the cart) are determined to be oversized by the freight carrier and may require assistance to remove the door from the truck. Sometimes it is necessary for you to go to a freight hub to pick up the product based on its size and your location. Most crates can be handled by 4 strong people, but more people or a forklift may be needed in some cases. The shipper and freight company are not responsible for additional costs associated with the delivery or pick up of oversized crates.

  • If you have a difficult to navigate street you may have to meet the truck and receive the shipment at the closest point to your curbside as possible.

  • Please do not schedule the installation for your product until it has arrived, and you are completely satisfied. Rustica is not responsible for any contractor’s installation or rescheduling fees.

  • Please inspect your product carefully before installation. Rustica is not responsible for any costs associated with installation or de-installation including but not limited to contractor or installer time, travel, or transportation of the product for any reason including manufacturing issues.

  • If there is a manufacturing responsibility error with your order, we can only arrange pickup from where the product was dropped off.

  • Once the product has shipped the freight company will contact you for delivery arrangements which you should make immediately. Delays in setting a delivery date, once notified by the freight company, may incur extra freight charges and storage fees upto and including the return shipping to Rustica and the reshipping of the product. You, the customer, are responsible for any and all additional freight charges associated with delays in delivery once notified by the freight company.

• Production times and expectations

  • You can find estimated build times on each product page. This is an estimated build time and is not a commitment as raw materials and supply chain issues have complicated actual manufacturing timelines.

  • Remember that since almost everything we make is from raw materials, and we set a high-quality standard these production times are estimated and are not a guarantee.

  • There are no cash refunds for late orders.

• Shipping Address

  • We can not ship to PO Boxes. Please provide a physical address to ship your order to be delivered to.

  • If you need to change this address once the order has been placed, please contact us prior to your order shipping and we will gladly update your shipping address.

  • If you contact us once your order has left our facility to request a different shipping address, we will do what we can to ensure this change is made but cannot guarantee delivery. There may be a "reroute fee" for this and it will increase the shipping time so please try and make sure that we have the correct shipping address prior to your order leaving our facility.

• International Shipping

  • We love to serve all our customers across the globe. Unfortunately, due to the variance of customs policies around the world we do not assume any responsibility of freight, duties, or taxes outside of the US. However, we do offer everyone our standard free shipping for barn doors, hardware, and mantels in the continental US. We strongly recommend that the buyer contact a freight forwarding company in the continental US to receive the product from us on your behalf. You can contact almost any international freight company for recommendations for your country. Please note that upon delivery to the freight forwarder ownership of the product transfers to the buyer. From that point on all freight, duties, taxes (import and export) and brokerage fees will be the buyer’s responsibility. We cannot be responsible for any international freight costs (or returns) so we recommend the product be inspected carefully by the freight forwarder upon receipt.

LIMITED WARRANTY ON RUSTICA PRODUCTS

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

THIS LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT OUR WEBSITE HTTP://RUSTICA.COM/WARRANTY-INFORMATION AND IN THE DOCUMENTATION WE PROVIDE WITH THE ORDER CONFIRMATION.

WE WARRANT THAT DURING THE APPLICABLE WARRANTY PERIOD, THE PRODUCT OR COMPONENT THEREOF WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

TO THE EXTENT NOT PROHIBITED BY LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR OR REPLACEMENT OR STORE CREDIT AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.

WHO MAY USE THIS WARRANTY?

Ever Energy, Inc., DBA Rustica., located at 1060 Spring Creek Place, Springville, Utah 84663 (“we”), extends this limited warranty only to the customer who originally purchased the product (“you”). It does not extend to any subsequent owner or other transferee of the product.‌

WHAT IS THE PERIOD OF COVERAGE AND WHAT DOES THIS LIMITED WARRANTY COVER?

This limited warranty starts on the date of your shipment and lasts for the applicable period set forth below (the “Warranty Period”). The Warranty Period is not extended if we repair or replace the product. For the Warranty Period as defined below, this limited warranty covers defects in materials and workmanship of our products (each, a “product”). 

DEFINITIONS and CLARIFICATIONS

• Warping, Bowing, or Twisting

  • “Warping,” “bowing,” or “twisting” is defined as a deviation in the plane of a door, mantle, or other applicable product exceeding 1/4 inch (1/4″) over an 8-foot (8′) length. Measurements shall be taken across the full surface of the product in accordance with standard industry practices. Please see the link 

  • If you believe your product is warped, bowed or twisted, please follow these instructions and submit the information with pictures:

  • How To Determine If Your Door Is Warped

• Out of Square

  • “Out of square” refers to the condition in which the product’s corners or sides are not at true right angles. To determine squareness tolerance, measure the product diagonally from corner to corner in both directions. Add the two diagonal measurements together and divide by two to determine the average. A variance of up to 1/2 inch (1/2″) over an 8-foot (8′) length is considered acceptable within squareness tolerance.

  • If you believe your door is “out of square” please follow these instructions and submit the information with pictures

  • How To Determine If Your Door Is Out Of Square

• Unfinished

  • Unfinished products are products that are not finished by Rustica. This includes selections of Raw Unfinished, Finish Ready and Primer White or any other selection that requests Rustica to not finish (actually complete the important final step of a finish and sealing coat) the product. These products are not covered by this limited warranty.. 

• Small Imperfections

  • Small imperfections, when notified within the 30 days of shipment, will be addressed with a touch up kit. To be eligible for a replacement the defect in materials or workmanship needs to be visible in a photo from 6 feet away and not "addressable" by a touch up kit.

• Missing Items

  • It is uncommon, but sometimes we have customers report that an item is missing. Based on the nature of the business and the fact that many orders get sent to job sites with multiple contractors and subcontractors, it has been our experience that sometimes items are reported missing that we show as shipped. We are very interested in your satisfaction as a customer so please let us know if something is missing. However, please understand that 60 days after reception we can no longer assume that a missing item was not shipped. We will do our best to verify that we show the item shipped and if that is the case you will need to repurchase the missing item.

• Sufficient Overhang or Portico for Exterior Doors

  • Exterior doors must be appropriately protected from excessive exposure to the elements, temperature and moisture with a sufficient overhang or portico. Exterior products that are not covered by a sufficient overhang or portico are not covered under this limited warranty. For purposes of this limited warranty, “sufficient overhang” depends on the climate and direction the door faces and is calculated as follows

    • P = measured projection of the overhang 

    • H = the height from the base of the door to the bottom of the overhang

    • W = the width of the overhang

WHAT DOES THIS WARRANTY NOT COVER?

This limited warranty does not cover and there is no liability responsibility for any costs associated with delays in manufacturing, installation or uninstallation costs, transportation or any other costs associated with the customer’s project.  

Please inspect your product carefully before installation. This limited warranty does not cover any costs associated with return shipping, installation or de-installation, including but not limited to contractor or installer time, travel, or transportation of the product for any reason.

This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control or improper installation. 

This limited warranty does not cover products that are not installed within 30 days of receipt. Due to the nature of the product and the many possibilities that may occur out of the manufacturer's control this warranty does not cover products that are not installed within 30 days of receipt.

In addition, this limited warranty and the return policy does not apply to:

• Any unfinished product, including doors that are purchased “raw unfinished”, “finish ready”, or “primer white”

• Do-it-Yourself and Cottage Barn Door Kits

• Doors that are ordered as “unassembled” (even if we assemble them in our shop as a courtesy)

• Wood products in Hickory (since the natural nature of Hickory is to split and crack)

• Exterior doors ordered in Matt Black (due to the nature of black to attract heat) 

Please note that wood products generally are susceptible to expanding and contracting due to temperature and moisture from rain and/or humidity based on location, exposure to the elements and environment. Note also that the natural state of steel is vulnerable to oxidation with exposure to rain and/or humidity. We provide a quality-built product, and we offer finishes with a warranty to protect the wood and metal, but except as expressly set forth above, this limited warranty does not cover changes in any products or finishes (including warping, separating, splitting, expanding, contracting, rust or fading) due to exposure. Interior doors and hardware are intended only for interior use, and this limited warranty does not cover changes to any interior products or finishes due to exterior use. You are responsible to understand this warranty and make sure that your application, location, and environment are conducive to wood and/or steel products. Products are not designed for exterior use unless they are expressly defined as “exterior” in the product specifications.

Finally, this limited warranty does not cover issues deemed by us to be natural blemishes and imperfections, “character” of the raw materials.

WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?

With respect to any defective product during the Warranty Period, we will, in our sole discretion, either (a) repair or replace such product (or the defective part) free of charge or (b) provide store credit of the purchase price of the product towards the purchase price of another product. This warranty does not cover shipping, crate, or handling fees, either for your return of a defective product or for our return of the repaired or replacement product to you (if we elect to repair or replace the defective product).

HOW DO YOU OBTAIN WARRANTY SERVICE?

To obtain warranty service, you must call (800) 891-8312 or email our Customer Service Department at support@rustica.com during the Warranty Period to obtain a Case Number. If a product needs to be returned, a Return Authorization will be issued as well. No warranty service will be provided without a Case Number, and our service team will likely require detailed information and pictures of the issue from you.In order to process a warranty claim the following information may be needed. Please click on the link, download the documents and fill out all information requests.

• How To Determine If Your Door Is Out Of Square

• How To Determine If Your Door Is Warped

• Appropriate pictures should be included with the document information above.

Due to the nature of product updates and revisions, including finishes and textures, if a product is replaced under warranty, it may be necessary to replace it with a similar or comparable product if an exact duplicate of the original product ordered is no longer available.

We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

LIMITATION OF LIABILITY

MANUFACTURING & DELIVERY DELAYS     

Rustica.com makes every effort to provide accurate estimated lead times for the manufacturing and delivery of its products. However, all stated production schedules, ship dates, and delivery timelines are estimates only and are not guaranteed.

By purchasing Rustica.com products, you acknowledge and agree that Rustica.com shall not be held liable for any damages, losses, claims, or expenses—whether direct, indirect, incidental, special, or consequential—arising from or relating to manufacturing delays, extended lead times, late product delivery, or any associated scheduling impacts.

This limitation applies regardless of cause, including but not limited to supply chain interruptions, material shortages, labor conditions, carrier delays, force majeure events, or other circumstances beyond Rustica.com’s control.

No warranty or guarantee, express or implied, covers delivery dates or lead times, and no liability will be assumed by Rustica.com for any inconvenience, additional costs, lost time, or lost business resulting from such delays.

ORDER ACCURACY 

Rustica shall not be held responsible or liable for any errors, omissions, or miscommunications regarding a customer’s order, including but not limited to those arising from assistance, recommendations, or guidance provided by Rustica personnel through phone, email, chat, or any other form of communication. The Order Confirmation issued by Rustica constitutes the complete and final agreement between the customer and Rustica regarding the products, specifications, dimensions, finishes, and all other order details.

There is a  24 hour “grace period” that Rustica waits before beginning manufacturing after the order is placed.  Without any additional communication from the customer in the 24 hour grace period, the customer acknowledges that they have reviewed and verified all order details and that such Order Confirmation accurately represents their intended selections. Rustica will manufacture and fulfill the order strictly in accordance with the Order Confirmation.

Rustica shall not be liable for any losses, costs, expenses, or damages—whether direct, indirect, incidental, consequential, or otherwise—arising out of or related to discrepancies between the customer’s expectations and the information contained in the Order Confirmation.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?

The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this limited warranty: You must visit our 100% Satisfaction Guarantee Feedback page at https://rustica.com/satisfaction-guarantee-feedback/ and submit the details of the situation, together with photos, after which we will respond with a proposal to address your concerns. You must use this informal procedure before pursuing any legal remedy in the courts.

4857-6237-8533, v. 1

Damaged Orders and Missing Items

• It is necessary to open and inspect shipments upon arrival.

• Any damage from shipping, including concealed damage, must be reported to Rustica with pictures via a call to 1-800-891-8312 or email to support@rustica.com within 2 business days of receiving your product for a shipping claim to be processed.

• Please notify us of missing items within the first 2 business days of receiving your product. When a product sits for a long time before being installed it is difficult to know if a particular item was not shipped or went missing afterwards. We want to be helpful to get you all the parts you need but cannot be responsible for items gone missing after delivery. Requests for missing items more than 60 days after the product has been delivered will not be accepted.

• Please inspect your product carefully before installation. Rustica is not responsible for any costs associated with installation or de-installation including but not limited to contractor or installer time, travel, or transportation of the product for any reason including manufacturing issues.

Order Changes, Cancellations, Returns & Refunds

• Order changes and cancellations must be done over the phone by the person who placed the order. Please call us at 1-800-891-8312.

• Any changes made to an order after 24 hours will incur a 50% change fee.

  • Please understand that these custom-made products enter production with purchase orders being issued and raw materials being dedicated and processed immediately after 24 hours. Any change made after 24 hours results in cancellation of purchase orders and loss of raw materials and labor.

• Refund cancellations are only accepted within 24 hours of the order being placed. Our team is available on Saturdays and most holidays to assist. If you are unable to get a hold of the customer service team please be sure you email us at support@rustica.com, text us at 435-222-5818 and or leave us a voice mail. We will honor cancellation requests that come in after hours, Sundays or holidays when we have an email, text or voice mail within the 24 hours window.

  • After 24 hours, canceled orders will be 50% credited against future Rustica orders. Those funds go to your Rustica Credit Account and can be used for Rustica products on rustica.com

• Any changes to any order will cause a change in the lead time of at least 24-48 hours depending on the change.

• Same Day and Quick Ship Products do not have a next business day grace period for changes or cancellations. We begin those products immediately and any changes after placing the order will impact the delivery timely and incur the change or cancellation 50% charge.

• Rustica Trade partners will receive any post sale discounts, tax refunds or return refunds as Rustica Rewards Credit. Eligibility of the up to 20% trade discount is contingent on acceptance of this policy.

Return Policy

At Rustica, we’re proud to offer an exceptionally generous return policy for our custom, made-to-order products—something truly unique in the industry.

If your return is approved (please request a Return Authorization “RA” from our Customer Service team), we’ll issue a 100% product cost credit to your Rustica Store Credit account for any new, unused, and uninstalled product. 

Policy Requirements

To qualify for a return:

• You must notify us within 30 days of the shipment date.

• The product must be returned within 30 days of the Return Authorization (RA) issue date.

• The product must be new, unused, and uninstalled.
  
  

Certain items are not eligible for return due to their custom nature. These include, but are not limited to:

• Frameless Glass Shower Doors

• Products ordered unfinished (Raw Unfinished, Finish Ready, or Primer White)

• Exterior doors ordered with a Matte Black finish

• Special Orders or Customer-Designed Orders (any order containing modifications not available on our website)
  
  

Unfortunately, no exceptions can be made to these requirements. This policy already represents an extraordinary exception to the industry standard of “all sales final” for custom-made products.

Condition of Returned Items

Returned products must arrive in new, undamaged condition to receive a 100% credit to your Rustica Store Credit account. Just as you expect your order to arrive in perfect condition, we expect returns to meet that same standard.

• Items returned damaged or not in new condition may be subject to a partial credit or denial of credit.

• Please ensure products are properly packaged to prevent shipping damage.

• The customer is responsible for any loss or damage during return shipping.

Return Procedure

1. Request a Return Authorization (RA):

   • Contact our Customer Service team at 1-800-891-8312 or support@rustica.com to obtain an RA number.

2. Include Your RA Number:

   •  Print and include the RA form with your return shipment.

3. Ship to:

Rustica Hardware  
Attn: Returns – [RA #]  
1060 Spring Creek Place 
Springville, UT 84663

Additional Notes

• Keep your original shipping crate until you are completely satisfied with your product.
   Rustica is not responsible for providing a replacement crate if the original is lost or destroyed.
   Replacement crates may be available for purchase.
  
  

• Return shipping and freight costs are the responsibility of the customer.
  
  

• Approved returns are credited 100% to your Rustica Store Credit account (linked to your email) for future purchases.

• Return credits will expire after 1 year from the date of issue if not used. 

Trade Partner Agreement

• Rustica provides discounted pricing to Trade Partners under the following terms, conditions and program guidelines. The Rustica website should serve as the source for all information about Rustica products including but not limited to, images, styles, options, selections, build times and policies.

• Trade Partners are not allowed to use any Rustica images or other information on any other websites without express written permission

• Trade Partners are not allowed to sell Rustica products on their own web page or advertise specific Rustica products on the internet

• All refunds and credit for Trade Partners are processed as Rustica Rewards credits to be used for future purposes.

• The up to 25% discounted pricing is applicable only to orders placed through the Trade Partners login in the Rustica website.

• Your price discount will be automatically be applied in your cart based on your purchase volume

  • Up to 15% discount for annual purchases: up to $10k

  • Up to 18% discount for annual purchases: $10k-$50k

  • Up to 20% discount for annual purchases: $50k-$100k

  • Up to 25% discount for annual purchases: $100k+

Returned Checks

• Any check returned due to non-sufficient funds will be subject to a minimum charge of $30.00.

• Returns are not accepted and no refunds or credit will be applied to your Rustica Cash account for Special Custom Projects and Special-Order items (items not available on the website).

--------------------

Privacy Policy

Rustica takes the privacy of its customers’ data very seriously. Please read the following policy to understand how we will treat your personal data after it has been collected by us through your use of this website. We can collect data on you from a variety of different sources which includes:

• When you purchase products or services from this site or via any of our other distribution channels.

• When you become a subscriber.

• When you enter data into a form on the website.

• When you speak to our Customer Service personnel.

• When you activate your product via our License Activation Server.

• Via explicit data capture measures, for example by entering competitions, completing surveys, registering products, registering to use the support forum.

• Via implicit data capture measures such as studying which pages you read the most and the use of cookies.

In any of the above cases the data we collect could be personal data. When you buy anything via the site or give us any personal data as indicated above, we may need to collect information about you to process the transaction, fulfill your order, and provide you with the services you expect then and in the future. This information may include, but is not limited to, details such as your name, your address, and your phone number. Unless we have your express consent, we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is of course subject to the proviso that we may disclose your data to certain permitted third parties, such as members of our own group, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data. By becoming a subscriber, you consent to receive from us by email our eNewsletters and details of other special offers or services which we may think may be of interest to you. Rustica retains and uses your personal information to provide you with the remote commerce (including electronic and mobile commerce) experience by providing you with a personalized service and to give you details of offers which we think will be of interest to you, it is also to keep you informed of changes to products, services, licenses agreements, terms, conditions, and security updates. We may also use the information to process any transactions you undertake with us and for internal administration and analysis. We do not sell, rent or trade your personal information to third parties.

Public Information; Forum, Guestbook, Directories

By their very nature the Forum, Guestbook, Listing Directories, etc. are open to the public; any information given will be viewable to the general public. Rustica does make every effort to keep details such as email addresses private, but if you do select to have your email address shown it may be viewable by the general public.

Children’s Privacy

Rustica is committed to keeping the details of children private by following the guidelines set out in the US, C.O.P.P.A Children’s Online Privacy Protection Act. Rustica does not collect private information from children under the age of 13 without written permission from the child’s parents or guardians.

Cookies

Rustica may use small bits of data stored on your computer called ‘cookies’.

Consent

By disclosing your personal information to us using this website or over the telephone, you consent to the collection, storage and processing of your personal information by Rustica in the manner set out in this Privacy Policy. Some information and emails sent to Rustica may be used as testimonials but no email address or contact details will be displayed.

Use of Site

Your access to and use of this website (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

Advice

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.

Changes to Website, Software, and Services

Rustica reserves the right to; change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Rustica shall not be liable to you for any such change or removal. Rustica reserves the right to change, remove, or discontinue any product, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Rustica shall not be liable for any such change or removal. Rustica reserves the right to change or discontinue any promotional discount vouchers or coupon codes at any time with notice and you confirm that Rustica shall not be liable for any such change or removal. Changes in this agreement can be made at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Links to Third Party Websites

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Copyright

The Intellectual Property Rights in this website and the materials on or accessible via it belong to ‘Rustica’ or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website). ’Rustica’ and the Rustica Logo are trademarks which belong to ‘Rustica’ and they may not be used, copied or reproduced in any way without written consent from ‘Rustica.’ For these purposes “Intellectual Property Rights” includes the following (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

Limitation of Liability

The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, Rustica will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. Rustica makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Rustica for death or personal injury as a result of the negligence of Rustica, its products or that of its employees or agents.

Indemnity

You agree to indemnify and hold Rustica and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Rustica arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

Applicable Law and Dispute

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of Utah whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Utah.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. Rustica reserves the right to add, delete, or modify any provision of this Agreement at any time without notice.

www.RUSTICA.com