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Terms & Conditions

TERMS OF SERVICE

1. Introduction
Welcome to the Istok's web site, provided to you by Istok Enterprises, Inc. (Istok). These Terms of Service govern your use of this site and the services provided through this site. Your use of this site and our services constitutes acceptance of these Terms of Service and creates a binding legal agreement, so please read them carefully. In case you use any current or future service or product of Istok Enterprises, Inc. or its affiliates whether or not represented on Istok Enterprises, Inc.'s web site, you also will be subject to the guidelines and conditions applicable to such service or business.

2. Non-Responsibility
Istok Enterprises, Inc. and its affiliates are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this web site, or reliance on the information or services provided by either.

3. Address Verification System (AVS)
When your card is being charged, processing bank (Harris Banks and E-OnlineData) checks it against the interbank database to insure that you are the real owner of this card. There are two factors checked: apartment (house) number and zip code. It is your responsibility to provide correct information on these factors when you submit an order.

4. Risk Of Late Arrival Or Loss
All items purchased from Istok Enterprises, Inc. are delivered pursuant to a shipment contract. This means that the risk of late delivery, loss and title for such items explicitly and without any reservation or limitation pass to you upon our delivery to the carrier you select. Istok, however, will reasonably and soundly act on your behalf, when instructed so by you, to help you communicate with the carrier from our end in order to retrieve your order or receive applicable reimbursement. We do not issue any reimbursement (-s) or refunds related to the late or lost orders until we receive such reimbursement (-s) from the carrier in question.

Istok Enterprises, Inc. assumes no responsibility or liability to you or any other person for any losses, expenses, damages, delays, shortages, misdelivery, nondelivery, misinformation, or failure to provide information in connection with your order or shipment caused by events we cannot control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs, cultural and health officials) with actual or apparent authority.

Istok Enterprises, Inc. and its affiliates are not responsible in any manner for damages, including but not limited to damages which temperature-sensitive items (e.g. candles, incense, etc.) may suffer during shipping.

5. Sewing Disputes
Each custom-made item sewn by Istok or its affiliates is double checked because we want to make sure you receive the item you ordered according to the measurements you provided to us. It is therefore of the utmost importance that you carefully read and correctly understand instructions on our Measurement Chart.

In the event that you want to dispute a garment in terms of measurements, you agree to ship it back to us for inspection via the carrier that we approve. We cannot make any decision to reimburse you or redo the thing relying on any third party's opinion or conclusion. If, for any reason, the item in question is not made according to the measurements provided, we will fully reimburse your shipping expenses and either redo the item and ship it anew at our expense or return your money. It is our policy and mission to guarantee your satisfaction.

6. Returns
(a) All items, except for custom-made or jewelry items, may be returned for credit or exchange if you are not satisfied with the product (-s) received.
(b) You need to contact our Sales Dept. via e-mail or fax for Return Authorization within 7 calendar days of order receipt. You can get a return authorization up to 30 days of the receipt of your order. No returns allowed after 30 days.
(c) There are no returns allowed for custom-made or jewelry items unless there is a quality problem or a written permission from our Sales Dept.
(d) Standard pre-made items from the What's on Sale section must be returned within 30 days after order reception. Standard-sized sewing products from the Clergy Vestments section are considered custom-made along with other products in the said section. Product must be in unused and/or in unworn condition, in original packaging and unsoiled.
(e) Sewing products of rare sizes ordered from the Clergy Vestments section may not be accepted back, or may be accepted with a discount.
(f) You would be responsible to pay the return shipping charge on any returns except for those related to a quality problem.
(g) Once returned product (-s) is received by us in the unused original condition, we would issue you a credit or a refund for the cost of the product (s). This process usually takes 1 to 2 weeks from the date the product was received. If there is a quality problem with a product, we will also issue you a credit or a refund for the initial shipping cost of this product.
(h) If you decide to return any part of, or your entire order, you would be responsible to pay the original freight charge, the return freight charge, any related Customs fees, duties and/or brokerage fees, and any applicable restocking fee which usually ranges from 5% to 25% of the order Subtotal.
(j) There are no restocking fees on exchanges of non-sewing merchandize unless such an exchange relates to a custom-made item.
(k) Restocking fees for returned sewing orders are determined on a case-by-case basis and vary from 10% for simple products to 30% for large and/or expensive (over $1000) items.

7. Shipping via Air Cargo
An order that does not fit size and/or weight limitations of regular carriers (e.g. baptismal fonts, holy tables, large candle stands, iconostasis, etc.) can be shipped via Air Cargo only. If you choose by accident incorrect shipping option, wed update your invoice and you will receive notification about changing shipping option to Air Cargo. If your order is shipped via Air Cargo, it means that you will have to pick it up at the nearest international airport that has Customs office. As soon as the order arrives at the destination airport, receiving Cargo office will call you and notify about incoming shipment. Depending on the local Customs office, its agents may sometimes clear the shipment without your presence, if you wish so. In this case you may have an option of calling receiving Cargo office and pay them for shipping the order to your door via truck. Shipping charges calculated for your order include freight only to the destination airport. Delivering Air Cargo company is selected by us at the time of shipment depending on the shipping address. When a shipment is coming via Air Cargo, there are many intermediate offices which handle this shipment. Although we always do our best to minimize your involvement, sometimes your direct dealing with the carrier is important in having the shipment delivered to you within minimum timeframe. .

8. Chargebacks
Information contained on our Frequently Asked Questions page constitutes a part of these Terms of Services. You agree to carefully read it before placing your order. Chargeback is a serious issue and it is our strict policy that you will receive a fair treatment based on the common sense and justice to avoid such action. Please remember that we are here on the Net not just to do business, but to please God and serve you. This doesn't mean, however, that we necessarily will let any offensive or groundless action against us to go without proper action on our part.

We do not control shipping of any carrier and, therefore, will act against groundless claims to protect our credibility and bank history to the fullest extent provided by law. It is obvious that customers who resolve to violate common sense and these Terms of Services will be put on the Black List.

9. Safety
Istok Enterprises, Inc.'s policy is to adhere to the highest electronic safety standards available on the market. While you shop at Istok Enterprises, Inc., you are protected by Secure Server inscription. If you feel more comfortable, you may enter a special test (fake) credit card number 4111111111111111 and expiration date 12/05. Once you have fully submitted your order, you may phone or fax in your card number and expiration date.

10. Updates
As a customer, you may subscribe to our Newsletter (personal notification service) to occasionally receive e-mail updates about new merchandize, discounts, sales and general changes related to functionality of the Web site. Just send us an e-mail with the word "subscribe" in the Subject line.

11. Product Information, Accuracy And Changes
Facts and information, when placed on this web site, were believed to be accurate. However, Istok does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Istok itself is not as described, your sole remedy is to return it in unused condition. Product offers, rates, terms and other information provided herein are subject to change without notice. Completeness or accuracy of the information provided herein is not guaranteed.

12. Electronic Communications
Primary tool of communicating with customers in Istok Enterprises, Inc. is e-mail. When you visit Istok's website (-s) or send e-mails to us, you are communicating with us electronically. You agree to receive communications from us electronically. We will communicate with you via e-mail, responding usually within 24-48 business hours. You consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13. Insurance
All shipped items are insured according to the default rules of a carrier. With RPS, lost orders by default are reimbursed at $5 per kilogram plus shipping charge. There is an option for you to purchase additional insurance: 100% insurance of an order will cost 5% of your order's value (without shipping charge). Request for such additional insurance should be made at the time of submitting an order.

In case there is a loss of or damage to a package shipped via EMS Garantpost, by default you are entitled for reimbursement in the amount of two times shipping cost. If there is a loss of or damage to a portion of the shipment, you are entitled for reimbursement in the amount of the shipping cost.

FedEx limits its liability for loss, damage, misdelivery, nondelivery, or shortage to US$100 per shipment or $9.07 per pound (US$20.38 per kilogram), whichever is greater.

14. Hyperlinks Are Not Endorsements
Links to other web sites or references to other products, services or publications do not imply the endorsement or approval of such web sites, products, services or publications by Istok Enterprises, Inc. or its affiliates.

15. Privacy
Under no circumstances (except for those provided by the law) will Istok Enterprises, Inc. reveal to a third party (unrelated to servicing your order) any information that we receive from you.

16. Copyright And Trademarks
Everything posted on Istok's site (-s), such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, databases, is the property of Istok Enterprises, Inc. or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of Istok and protected by Canadian and international copyright laws. All software used on this site (-s) is the property of Istok Enterprises, Inc. or its software suppliers and protected by Canadian and international copyright laws.

All trademarks that appear on this site are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark. You should assume that all of the content or other works that are made available to you on this site is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.

17. Your Conduct
Unacceptable actions and content on this site, listed below, will constitute grounds for blocking your access to this site, removal of posted material and non-fulfillment of your order. As condition of your use of this site and Istok's service, you shall not:

(a) Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
(b) Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c) Harm minors in any way;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
(e) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
(f) Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
(g) Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable provincial or federal law, or violating any laws or regulations of any governing body having jurisdiction over Istok Enterprises, Inc., its affiliates or users.

18. License And Site Access
Istok Enterprises, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Istok. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, images or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Istok Enterprises, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Istok and our affiliates without express written consent. You may not use any meta-tags or any other "hidden text" utilizing Istok Enterprises, Inc.'s name or trademarks without the express written consent of Istok. Any unauthorized use terminates the permission or license granted by Istok. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Istok so long as the link does not portray Istok, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Istok's logo or other proprietary graphic or trademark as part of the link without express written permission.

19. Reviews, Comments, Communications, And Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Istok Enterprises, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Istok and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Istok and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Istok or its affiliates for all claims resulting from content you supply. Istok Enterprises, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Istok takes no responsibility and assumes no liability for any content posted by you or any third party.

20. Disclaimer Of Warranties And Limitation Of Liability
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, ISTOK ENTERPRISES, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE. ISTOK ENTERPRISES, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ISTOK ENTERPRISES, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISTOK ENTERPRISES, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

WE ALSO MAKE NO WARRANTIES, EXPRESS OR IMPLIED.

21. Applicable Law
By visiting Istok Enterprises, Inc., you agree that the laws of the province of Alberta, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Istok Enterprises, Inc. or its affiliates.

22. Disputes
Any dispute relating in any way to your visit to Istok.net or to products you purchase through Istok shall be submitted to confidential arbitration in Calgary, Alberta, except that, to the extent you have in any manner violated or threatened to violate Istok Enterprises, Inc.'s intellectual property rights, Istok Enterprises, Inc. may seek injunctive or other appropriate relief in any province or federal court in the province of Alberta, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

23. Our Address For Correspondence
Istok Enterprises, Inc.
Suite 4029, 918-16 Ave., NW
Calgary, AB T2M 0K3 Canada
www.istok.net
Revised on Oct. 7/20, 2010.
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