Refund policy

Returns, Refunds, Exchanges, Final Sale & Shipping Claims Policy

Effective Date: September 15, 2023

This Returns, Refunds, Exchanges, Final Sale & Shipping Claims Policy applies to purchases made through All Tribes Treasures, Southwest Treasures, and NM Collections.

These businesses serve customers through different sales channels, offer different types of merchandise, and administer transactions differently. As a result, online purchases and physical in-store purchases are subject to different return and exchange policies.

The policy applicable to a transaction depends primarily upon where and through which merchant the purchase was completed and paid for.

Nothing in this policy is intended to eliminate any consumer right or remedy that applicable law does not permit a merchant to waive.

Policy at a Glance

Purchase Channel Refunds for Buyer’s Remorse Exchange Period Final-Sale Items Restocking Fee
All Tribes Treasures — Online Eligible standard merchandise may qualify for approved voluntary return Request generally within 14 days after delivery; qualifying exceptions may be considered through 30 days Custom, personalized, made-to-order and other properly designated items generally Final Sale, subject to applicable law May apply when properly disclosed
Southwest Treasures — In Store NO REFUNDS for change of mind or buyer’s remorse Eligible merchandise generally Exchange Only within 30 days; some items may have 14-day terms Custom, one-of-a-kind, consignment, artist, modified, special-order and designated items may be Final Sale — No Return or Exchange May apply when properly disclosed
NM Collections — In Store NO REFUNDS for change of mind or buyer’s remorse Eligible merchandise generally Exchange Only within 30 days; item-specific limits may apply Custom, one-of-a-kind, consignment, artist, modified, special-order and designated items may be Final Sale — No Return or Exchange May apply when properly disclosed


On this page


1. Which Policy Applies to Your Purchase?

All Tribes Treasures — Online Purchases

Purchases completed and paid for through AllTribesTreasures.com are governed by the All Tribes Treasures Online Purchase Policy contained in this document.

This generally remains an online transaction even when the customer selects local pickup, unless the online transaction is canceled and a new transaction is separately completed through one of the physical retail stores.

All Tribes Treasures online purchases may be shipped within New Mexico, throughout the United States, or internationally. Applicable mandatory consumer protections may therefore vary according to the destination and circumstances of the transaction.

Southwest Treasures — In-Store Purchases

Purchases completed and paid for directly through Southwest Treasures in Albuquerque, New Mexico are governed by the Southwest Treasures In-Store Purchase Policy.

The more flexible All Tribes Treasures online return policy does not automatically apply to Southwest Treasures in-store purchases.

NM Collections — In-Store Purchases

Purchases completed and paid for directly through NM Collections in Albuquerque, New Mexico are governed by the NM Collections In-Store Purchase Policy.

NM Collections transactions are administered separately from All Tribes Treasures online transactions and Southwest Treasures transactions.

Merchant of Record Controls

The business or merchant identified on the customer’s:

  • sales receipt;
  • invoice;
  • transaction record; or
  • online order confirmation

generally determines which business’s policy applies.

A product purchased from one business is not automatically eligible for return or exchange through another business merely because the businesses are affiliated or operate in the same general retail environment.

Third-Party Marketplace Purchases

Transactions completed through Etsy or another third-party marketplace are also subject to the terms presented for that transaction through the applicable marketplace, the marketplace’s applicable rules, and any mandatory law governing the transaction.


PART I — SOUTHWEST TREASURES IN-STORE PURCHASE POLICY

2. No Refunds for Change of Mind or Buyer’s Remorse

IN-STORE SALES ARE FINAL FOR REFUND PURPOSES

Southwest Treasures does not provide refunds for an in-store purchase merely because a customer later changes their mind or experiences buyer’s remorse.

Eligible merchandise may qualify for exchange only, subject to the limitations stated in this policy and any additional terms disclosed before purchase.

A refund will not ordinarily be issued merely because a customer:

  • changes their mind;
  • no longer wants or needs the merchandise;
  • later decides they spent more than they intended;
  • later considers the item too expensive;
  • finds the same or similar merchandise elsewhere;
  • finds another item they prefer;
  • changes their decorating plans;
  • changes their color, style or design preference;
  • determines that the merchandise no longer suits their personal needs;
  • experiences buyer’s remorse; or
  • encounters circumstances unrelated to the condition of the merchandise when it was sold.

There is no general federal three-day right to cancel an ordinary purchase negotiated and completed at a merchant’s permanent retail location. The FTC Cooling-Off Rule applies to certain transactions occurring away from a seller’s permanent place of business and specifically excludes sales completed after negotiations at the seller’s permanent place of business.

Nothing in this section eliminates a remedy that applicable law does not permit Southwest Treasures to waive.


3. Return and Exchange Policy Is Disclosed Before Purchase

Southwest Treasures prominently posts its return and exchange terms at or immediately adjacent to the point of sale so customers have an opportunity to review the policy before completing a transaction.

Employees also make a regular practice of verbally explaining applicable No Refund, Exchange Only, Final Sale, custom-order, and other transaction-specific terms, particularly for merchandise involving:

  • higher-value purchases;
  • custom or personalized work;
  • handmade or one-of-a-kind merchandise;
  • consignment or artist merchandise;
  • lighting or electrical merchandise;
  • furniture;
  • special orders;
  • specially configured merchandise;
  • display merchandise; and
  • merchandise requiring substantial preparation, removal, assembly, disassembly, modification or other staff labor.

Applicable terms may also appear on the sales receipt, invoice, order form or other transaction documentation.

This disclosure process is consistent with current card-network guidance. Mastercard states that merchants unwilling to accept buyer’s-remorse returns, or merchants using special terms such as restocking fees or in-store credits, must disclose those terms before completion of the transaction. Mastercard further states that when a consumer was informed of a properly disclosed refund policy, the consumer must abide by that policy.

Visa likewise advises merchants to disclose return and refund terms at the transaction and specifically recognizes disclosures such as “No Refunds,” “Exchange Only,” and special circumstances such as restocking fees. Visa recommends putting such terms on the receipt or a related transaction document.


4. Customers Are Free to Decline a Purchase

Southwest Treasures wants customers to make informed purchasing decisions.

A customer is never required to purchase merchandise merely because an employee has spent time assisting them.

Receiving assistance such as the following does not obligate a customer to purchase:

  • asking questions;
  • receiving product information;
  • viewing merchandise;
  • requesting access to merchandise;
  • comparing different pieces;
  • requesting a demonstration;
  • having merchandise illuminated or tested;
  • having merchandise removed from a display for inspection;
  • discussing prices;
  • discussing installation or care;
  • receiving assistance selecting colors, designs or combinations; or
  • receiving other reasonable customer service.

Customers are encouraged to take the time they need to inspect merchandise, ask questions and make sure they are comfortable with both the merchandise and the applicable sale terms before authorizing payment.

Once a purchase is voluntarily completed, the applicable refund, exchange and final-sale terms govern the transaction.


5. Southwest Treasures Exchange Policy

Certain eligible standard merchandise may qualify for exchange only.

Unless a different period is clearly disclosed before purchase, eligible merchandise may generally be considered for exchange within:

30 calendar days of the original purchase date.

Certain merchandise may have a shorter 14-calendar-day exchange period when that limitation is disclosed before completion of the transaction.

The applicable period for an item will be determined by the merchandise category and any item-specific terms disclosed at the time of sale.

To qualify for a voluntary exchange, merchandise generally must:

  • be accompanied by reasonable proof of purchase;
  • be presented within the applicable exchange period;
  • belong to a merchandise category eligible for exchange;
  • remain in substantially the same condition in which it was sold;
  • contain all original components and accessories;
  • not have been materially used, damaged, altered or modified after purchase;
  • comply with any applicable care or handling requirements; and
  • satisfy any additional conditions disclosed before purchase.

Southwest Treasures may reasonably inspect merchandise before approving an exchange.

An exchange is not a refund.

Offering or approving an exchange does not create a right to:

  • cash;
  • reversal of the original card transaction;
  • repayment through another payment method; or
  • a refund of the purchase price.

6. Final Sale Merchandise — No Voluntary Return or Exchange

Certain merchandise is unsuitable for ordinary return or exchange because of its individualized nature, ownership structure, condition, limited availability, resale limitations or preparation required to complete the transaction.

When properly disclosed before purchase, the following merchandise may be designated:

FINAL SALE — NO VOLUNTARY RETURN OR EXCHANGE

This may include:

  • custom merchandise;
  • personalized merchandise;
  • engraved merchandise;
  • printed merchandise;
  • monogrammed merchandise;
  • made-to-order merchandise;
  • customer-approved custom designs;
  • customer-specified configurations;
  • merchandise physically altered or modified at the customer’s request;
  • special orders;
  • one-of-a-kind merchandise;
  • original artwork;
  • designated artisan merchandise;
  • consignment merchandise;
  • merchandise for which sale proceeds become payable or are remitted to an artist, artisan, consignor or supplier;
  • designated clearance merchandise;
  • merchandise expressly sold as Final Sale;
  • specially discounted merchandise sold under disclosed final-sale terms;
  • display merchandise requiring substantial removal or preparation;
  • merchandise requiring disassembly;
  • merchandise requiring rewiring;
  • merchandise requiring reconfiguration;
  • merchandise permanently or substantially modified for the purchaser;
  • custom stickers, decals, labels and transfers;
  • other custom-produced goods; and
  • other merchandise clearly identified as Final Sale before purchase.

A Final Sale designation relates to voluntary change-of-mind returns and exchanges. It does not eliminate a consumer remedy that governing law does not permit a merchant to waive.


7. Handmade, Handcrafted, Artisan & One-of-a-Kind Merchandise

A substantial portion of the merchandise sold by Southwest Treasures is:

  • handmade;
  • handcrafted;
  • hand-finished;
  • individually produced;
  • artisan-made;
  • artist-created; or
  • one-of-a-kind.

These items should not be expected to exhibit the same uniformity as mass-produced factory merchandise.

Handmade and artisan goods may naturally exhibit differences in:

  • color;
  • shade;
  • dimensions;
  • texture;
  • shape;
  • pattern;
  • grain;
  • tooling;
  • stitching;
  • weaving;
  • glaze;
  • finish;
  • brushwork;
  • placement of decorative elements;
  • individual components; and
  • other characteristics resulting from handcrafted production.

Reasonable variation inherent to handmade production is not, by itself, a product defect.

Original artwork and one-of-a-kind merchandise are sold as the individual pieces inspected and selected by the customer.

A customer’s later change of opinion concerning the individual character, coloration, texture, pattern, craftsmanship or appearance of a piece does not convert an inherent or disclosed characteristic into a defect.


8. Natural Minerals, Crystals, Fossils, Stone, Wood, Hides & Natural Materials

Natural merchandise is inherently variable and should not be expected to exhibit manufactured uniformity.

Natural minerals, crystals, fossils, rocks, stone, wood, hides and similar materials may contain naturally occurring:

  • fissures;
  • fractures;
  • inclusions;
  • mineral matrix;
  • cavities;
  • pits;
  • veining;
  • deposits;
  • irregular edges;
  • coloration changes;
  • transparency variations;
  • growth patterns;
  • surface irregularities;
  • weathering;
  • mineralization; and
  • other geological, biological or naturally occurring characteristics.

Such characteristics are not considered defects merely because they exist, provided the merchandise materially conforms to the description under which it was sold.

New Mexico’s Uniform Commercial Code provides that, unless properly excluded or modified, merchant sellers generally make an implied warranty of merchantability, including that goods are fit for their ordinary purpose and conform to applicable descriptions and affirmations. The law also recognizes permitted variations within an agreement.

Accordingly, a genuine failure to conform to the merchandise description is distinct from the ordinary natural variation expected in minerals, fossils, stone, wood, hides and similar materials.


9. Electrical Merchandise, Lamps, Lighting & Electronics

Where reasonably practicable, Southwest Treasures inspects and/or demonstrates the operation of electrical merchandise, lamps, lighting and electronic products before completion of an in-store sale.

Customers are encouraged to:

  • inspect the specific item;
  • observe its operation;
  • ask questions;
  • review installation requirements;
  • confirm voltage, bulb or power requirements where applicable; and
  • make sure the merchandise is appropriate for the customer’s intended use before purchasing.

Demonstrating that an item is operational at the time of sale provides evidence concerning its condition when possession is transferred to the customer.

However, this policy does not state that testing can detect every possible latent condition.

If a customer subsequently alleges that an item was defective when sold, Southwest Treasures may reasonably inspect and test the merchandise and review its condition before determining the appropriate response.

Damage or malfunction resulting from circumstances occurring after the sale, including the following, is not considered an original defect:

  • improper installation;
  • incorrect wiring;
  • incompatible electrical systems;
  • incorrect voltage;
  • improper power supply;
  • incorrect bulb type or wattage;
  • dropping or impact;
  • transportation damage occurring while under the customer’s control;
  • misuse;
  • improper assembly;
  • water or moisture exposure;
  • excessive heat;
  • unauthorized repair;
  • unauthorized modification;
  • improper cleaning;
  • failure to maintain the merchandise;
  • neglect;
  • failure to follow instructions; or
  • other customer-caused damage.

New Mexico law also provides rules concerning the effect of a buyer’s examination of goods and the lawful exclusion or modification of implied warranties. Any written exclusion of merchantability has specific statutory requirements, including that it mention merchantability and be conspicuous.

This policy is therefore intended primarily to distinguish customer-caused damage and ordinary buyer’s remorse from an actual product problem existing at the time of sale, rather than to make a blanket exclusion of all warranties.


10. Stickers, Decals, Transfers, Applied Products & Consumable Goods

Certain products lose substantial resale value once handled, opened, applied, installed, consumed or otherwise placed into use.

The following may therefore be designated Final Sale:

  • stickers;
  • decals;
  • adhesive graphics;
  • labels;
  • transfers;
  • applied films;
  • custom printed graphics;
  • consumable products;
  • merchandise intended for one-time application or use; and
  • other products that cannot reasonably be restored to their original new condition after use.

A sticker, decal, transfer or similar item that has been:

  • removed from its backing;
  • partially applied;
  • applied;
  • transferred;
  • adhered;
  • repositioned;
  • damaged during application; or
  • otherwise used

is generally not eligible for a voluntary return or exchange.

Custom, personalized and made-to-order stickers, decals, labels and graphics are Final Sale when correctly produced according to the customer’s submitted or approved specifications.

Improper surface preparation, incorrect installation, application error, incorrect placement, attempted repositioning or customer misuse does not constitute an original manufacturing defect.

Mandatory rights relating to an item that was actually defective, materially misdescribed or supplied incorrectly remain unaffected where applicable law requires a remedy.


11. Consignment, Artist & Third-Party Merchandise

Certain physical-store merchandise may be owned by or sold on behalf of independent:

  • artists;
  • artisans;
  • craftspeople;
  • consignors;
  • suppliers; or
  • manufacturers.

Following completion of a transaction, sale proceeds may become payable or be transferred to the applicable third party.

Because ownership and proceeds associated with these transactions may differ from ordinary store-owned inventory, designated consignment and artist merchandise may be:

FINAL SALE — NO VOLUNTARY RETURN OR EXCHANGE

when that condition is disclosed before purchase.

Southwest Treasures may also be required to honor transaction conditions associated with the applicable artist, artisan, consignor or supplier when those conditions have been properly disclosed to the customer before purchase.


12. Restocking, Handling, Inspection & Processing Fees

A RESTOCKING, HANDLING, INSPECTION OR PROCESSING FEE MAY APPLY

An approved exchange or other return that Southwest Treasures voluntarily agrees to accept may be subject to a restocking, handling, inspection, repackaging, transportation, return-to-vendor or processing fee.

The fee may vary according to:

  • merchandise category;
  • condition;
  • size;
  • weight;
  • inspection requirements;
  • repackaging requirements;
  • transportation expenses;
  • assembly or disassembly;
  • electrical testing;
  • vendor requirements;
  • return-to-vendor expenses; and
  • other reasonable costs associated with accepting merchandise back.

Typical ranges may include:

Merchandise Category Typical Restocking / Handling Range
Standard general merchandise 0%–10%
Lighting, electrical items and electronics 15%–25%
Furniture and oversized merchandise 15%–20%
Eligible special-order merchandise accepted as an exception Up to 50%

These are general ranges, not an automatic fee imposed on every transaction.

The applicable fee, percentage or method of calculation should be disclosed before completion of the applicable transaction when a fee may be charged.

A restocking fee does not create a right to return or exchange merchandise that is otherwise designated Final Sale or ineligible for return.

Mastercard specifically identifies restocking fees as special refund terms that must be disclosed at the time of the transaction. Visa similarly describes restocking fees as “special circumstances” whose agreed terms should be written on the transaction receipt or a related document.


PART II — NM COLLECTIONS IN-STORE PURCHASE POLICY

13. NM Collections Is a Separate In-Store Transaction Policy

Purchases completed through NM Collections in Albuquerque, New Mexico are administered separately from transactions completed through Southwest Treasures and All Tribes Treasures.

The merchant identified on the sales receipt controls.

Unless different merchandise-specific terms are disclosed before purchase, the following general policy applies.

NO REFUNDS FOR CHANGE OF MIND OR BUYER’S REMORSE

NM Collections does not provide refunds merely because a customer:

  • changes their mind;
  • no longer wants an item;
  • changes their preferences;
  • later considers an item too expensive;
  • finds another item they prefer;
  • changes the intended use; or
  • otherwise experiences buyer’s remorse.

Eligible merchandise may qualify for exchange only.


14. NM Collections Exchange Period

Unless a different period is disclosed before purchase, eligible NM Collections merchandise may generally be considered for exchange within:

30 calendar days from the original purchase date.

Certain merchandise may have a 14-day exchange period where that condition is disclosed before payment.

Exchanges are subject to merchandise eligibility, proof of purchase, condition, and any transaction-specific limitations.


15. NM Collections Final-Sale Categories

When properly disclosed, NM Collections may designate the following as Final Sale:

  • custom merchandise;
  • personalized merchandise;
  • engraved merchandise;
  • altered merchandise;
  • made-to-order merchandise;
  • one-of-a-kind merchandise;
  • artist merchandise;
  • consignment merchandise;
  • special orders;
  • specially configured merchandise;
  • designated clearance/final-sale goods;
  • designated display merchandise;
  • single-use/applied products; and
  • other merchandise expressly identified as Final Sale before purchase.

FINAL SALE means no voluntary return or exchange, subject to any nonwaivable legal rights.


16. NM Collections Restocking Fees

An approved exchange or exceptionally accepted return may be subject to a restocking, handling, inspection or processing fee when applicable terms have been disclosed before purchase.

The same principles regarding handmade goods, natural variation, customer-caused damage, electrical merchandise, product inspection and merchant-caused errors stated elsewhere in this policy apply to NM Collections where relevant.


PART III — ALL TRIBES TREASURES ONLINE PURCHASE POLICY

17. Why the Online Policy Is Different

Online shopping differs materially from an in-person retail transaction.

An online customer generally does not physically handle, inspect or personally examine merchandise before deciding to purchase it.

Online transactions also involve additional stages such as:

  • order processing;
  • preparation;
  • packaging;
  • carrier pickup;
  • transportation;
  • delivery;
  • unpacking; and
  • customer inspection after receipt.

For these reasons, All Tribes Treasures provides qualifying online purchases with greater voluntary return flexibility than is generally available for purchases made personally inside Southwest Treasures or NM Collections.

All Tribes Treasures also does not ordinarily offer consignment merchandise through its online store, which further distinguishes online inventory from some merchandise available in the physical retail stores.


18. Standard Online Return Request Period

For eligible standard merchandise, customers may request return authorization within:

14 CALENDAR DAYS AFTER CONFIRMED DELIVERY

The period begins when carrier tracking or other reliable delivery information indicates that the merchandise was delivered—not when the order was originally placed.

For qualifying merchandise or circumstances, All Tribes Treasures may voluntarily consider a return request made as late as:

30 CALENDAR DAYS AFTER CONFIRMED DELIVERY

The additional period between 14 and 30 days is not automatically available for every item. It may depend on:

  • merchandise type;
  • condition;
  • reason for the return;
  • product-specific terms;
  • transaction circumstances; and
  • other applicable factors.

Where a product listing expressly provides a longer return period, the longer disclosed period applies.

Mandatory statutory rights may provide different deadlines.


19. Online Return Authorization Is Required

Customers should contact All Tribes Treasures before shipping or bringing back online merchandise.

All Tribes Treasures
Email: info@alltribestreasures.com
Phone: 505-570-6181

Please provide, when applicable:

  • purchaser name;
  • order number;
  • merchandise involved;
  • reason for the requested return;
  • photographs of the item;
  • photographs of any alleged damage;
  • photographs of packaging; and
  • other information reasonably necessary to evaluate the request.

Submitting a return request does not automatically mean that a discretionary return has been approved.

Unauthorized merchandise may be refused or returned to the sender where legally permitted.


20. Condition of Merchandise for Voluntary Online Returns

For an ordinary voluntary return, eligible merchandise should generally remain:

  • unused;
  • unworn;
  • unaltered;
  • unmodified;
  • undamaged;
  • clean;
  • complete;
  • accompanied by its included parts and accessories;
  • accompanied by certificates, documentation or tags supplied with the merchandise; and
  • in original packaging when reasonably possible.

A customer may reasonably inspect merchandise in order to determine its nature and condition.

These requirements apply to voluntary change-of-mind returns and do not eliminate remedies required by law for qualifying defective, materially misdescribed or otherwise nonconforming merchandise.


21. Online Final-Sale Merchandise

Unless applicable mandatory law provides otherwise, merchandise properly identified as nonreturnable before purchase may be Final Sale.

This may include:

  • personalized goods;
  • custom products;
  • engraved merchandise;
  • printed-to-order merchandise;
  • monogrammed merchandise;
  • customer-approved designs;
  • made-to-order merchandise;
  • specially configured merchandise;
  • special orders;
  • custom stickers and decals;
  • products permanently altered after delivery;
  • single-use goods after use;
  • designated clearance/final-sale products; and
  • other products expressly designated as Final Sale before purchase.

Correctly produced custom merchandise that matches the customer’s submitted or approved specifications is not defective merely because the customer later changes their mind about the design, photograph, text, spelling, color or other specification they supplied or approved.

For international transactions, a Final Sale designation remains subject to any mandatory rights applicable in the customer’s jurisdiction.


22. Handmade & Natural Merchandise Purchased Online

Photographs and descriptions are intended to depict merchandise as accurately as reasonably possible.

However, natural and handmade merchandise may vary in color, formation, pattern, texture, grain, mineral matrix, shape and other individual characteristics.

Where the customer is purchasing the exact photographed specimen, photographs form part of the product presentation but normal differences in screen brightness, color calibration, photographic lighting and display technology may affect how colors appear electronically.

Where photographs are representative rather than photographs of the exact individual item, the listing should identify the nature of expected variation.

Natural or handmade variation consistent with the merchandise description is not itself a defect.


23. Online Restocking & Handling Fees

For an eligible discretionary online return:

A RESTOCKING OR HANDLING FEE MAY APPLY

However, All Tribes Treasures may waive some or all such fees depending upon the merchandise and reason for return.

Where a fee applies, the applicable percentage, dollar amount or method of calculation will be disclosed for the transaction before purchase when required.

This is particularly important for interstate ecommerce. For example, New York law requires online retailers to conspicuously disclose their refund policy and specifically requires disclosure of applicable fees, including the dollar or percentage amount of a restocking fee, before the consumer provides billing information.

Accordingly, an item-specific fee may be identified on:

  • the product page;
  • cart;
  • checkout;
  • invoice;
  • order form; or
  • another clear pre-purchase disclosure.

A discretionary restocking fee generally will not be imposed to correct:

  • confirmed merchant fulfillment error;
  • an incorrect item shipped by All Tribes Treasures;
  • qualifying transit damage where such a fee would be inappropriate;
  • an actual product defect for which a fee is prohibited; or
  • another situation in which applicable law requires a remedy without the fee.

A fee may not be retroactively invented after purchase when required law or card-network standards required disclosure beforehand.


24. U.S. State-Specific Return-Policy Requirements

All Tribes Treasures serves customers throughout the United States.

Different states may impose additional return-policy disclosure requirements.

For example, New York expressly requires both physical and online retailers to conspicuously disclose whether refunds are offered, applicable deadlines, payment form, proof-of-purchase requirements and applicable fees.

California requires conspicuous disclosure by covered retailers when their policy does not provide certain ordinary refund/exchange options and identifies “all sales final,” custom goods and used or damaged goods among categories addressed by its statutory return-policy framework.

Connecticut likewise requires businesses conducting online sales to display their refund/exchange policy on their website and imposes additional disclosure requirements.

Therefore:

Where applicable federal, state or local law requires additional disclosure or provides a nonwaivable consumer right, that requirement applies to the transaction.


25. Order Cancellations Before Shipment

For ordinary non-custom merchandise, customers may contact All Tribes Treasures to request cancellation before shipment.

Cancellation is not guaranteed once an order has:

  • entered processing;
  • been packaged;
  • been transferred to a carrier;
  • entered custom production;
  • been personalized;
  • been modified;
  • been special ordered; or
  • otherwise incurred nonrecoverable customer-specific costs.

Mandatory cancellation rights remain applicable where required by law.


26. Delayed Online Orders — U.S. Federal Shipping Requirements

All Tribes Treasures’ voluntary return policy should not be confused with the separate federal rules governing merchandise that has not yet shipped.

The FTC Mail, Internet, or Telephone Order Merchandise Rule requires online sellers to have a reasonable basis for representing that goods will ship within the promised period. If no shipment time is stated, the seller generally must have a reasonable basis to expect shipment within 30 days.

If merchandise cannot be shipped within the applicable period, federal rules generally require the seller to offer the buyer a choice between consenting to the delay or canceling the unshipped order for a prompt refund.

That federal cancellation right for delayed, unshipped merchandise is separate from All Tribes Treasures’ voluntary return policy governing merchandise already delivered.


27. Shipping Protection & Insurance

All Tribes Treasures takes precautions when preparing merchandise for shipment and, as part of its shipping practices, insures shipped packages against covered transit loss or damage.

Shipping may be handled by third-party carriers including, as applicable:

  • USPS;
  • UPS;
  • FedEx;
  • freight carriers;
  • international postal systems; and
  • other qualified transportation providers.

Carrier and insurer claim requirements vary.

Customers agree to reasonably cooperate with documentation, inspection or merchandise-retention requirements necessary to process a valid shipping claim.


28. Damaged Shipment Procedure

If merchandise arrives damaged, the customer should contact All Tribes Treasures as soon as reasonably possible, preferably within 48 hours of delivery.

To preserve evidence for a shipping claim:

  1. Keep the merchandise.
  2. Keep the original exterior shipping container.
  3. Keep all interior packaging, padding and wrapping.
  4. Photograph the unopened or original exterior package whenever possible.
  5. Photograph any visible exterior damage.
  6. Photograph the shipping label.
  7. Photograph the interior packaging.
  8. Photograph the merchandise from several angles.
  9. Photograph the specific damage clearly.
  10. Provide the order number and a description of what was observed.
  11. Keep the merchandise and packaging available in case the carrier or insurer requests inspection or pickup.

Do not discard packaging, attempt significant repairs or return the merchandise without authorization while a carrier or insurance investigation may still require the original evidence.

The request to notify us within 48 hours is intended to protect the customer’s and merchant’s ability to document a transportation claim. It does not automatically eliminate a statutory consumer remedy solely because more than 48 hours have elapsed where governing law provides otherwise.


29. Shipping Damage Is Different From an Original Product Defect

Damage occurring while merchandise is being transported may constitute a shipping or carrier loss claim rather than an inherent product defect.

Likewise, damage caused after delivery by:

  • dropping;
  • impact;
  • misuse;
  • improper installation;
  • unauthorized alteration;
  • improper maintenance;
  • incorrect electrical connection;
  • environmental exposure;
  • neglect; or
  • other customer-caused circumstances

is not an original defect merely because it occurred after purchase.

If the cause is unclear, All Tribes Treasures may reasonably request photographs, inspection, testing or other information necessary to determine what occurred.


30. Resolution of Verified Shipping Damage

Depending upon the circumstances, merchandise availability, carrier determination and applicable legal rights, an approved shipping-damage claim may result in:

  • repair;
  • replacement components;
  • replacement merchandise;
  • exchange;
  • partial refund;
  • full refund; or
  • another appropriate resolution.

Because much of our merchandise is handmade, natural, individually produced or one-of-a-kind, an identical replacement may not always be available.

If a full replacement or refund is provided, the damaged original merchandise may need to be surrendered to:

  • All Tribes Treasures;
  • the shipping carrier;
  • the insurance provider; or
  • another designated claims representative.

31. Lost, Missing or Misdelivered Shipments

If tracking indicates that a shipment may have been lost, misdelivered or otherwise not properly received, please contact All Tribes Treasures promptly.

We may initiate an investigation with the carrier and may request reasonable information including:

  • confirmation of the shipping address;
  • carrier tracking information;
  • photographs where applicable;
  • delivery-location information; and
  • other information required by the carrier or insurer.

Customers must not knowingly submit conflicting claims to the merchant, carrier, insurer and payment provider concerning the same alleged loss.

Mandatory consumer rights remain unaffected.


32. Incorrect Merchandise or Merchant Fulfillment Error

If All Tribes Treasures ships an item materially different from what the customer ordered because of our fulfillment error, contact us promptly.

We may request photographs or other reasonable documentation so the error can be verified and corrected.

A customer will not ordinarily be charged a discretionary restocking fee merely to correct a confirmed All Tribes Treasures fulfillment error.


33. Return Shipping — Voluntary U.S. Returns

For an approved U.S. voluntary/change-of-mind return, the customer is generally responsible for return transportation unless:

  • All Tribes Treasures agrees otherwise;
  • the return results from confirmed merchant error;
  • the merchandise qualifies for a remedy requiring merchant-paid transportation; or
  • applicable law requires otherwise.

Customers should use adequate packaging and a trackable shipping service.

Responsibility for voluntary return merchandise generally remains with the customer until it is received by the authorized return destination.


34. Original Shipping Charges

For an ordinary voluntary U.S. return, original shipping charges and upgraded/expedited shipping charges are generally nonrefundable to the extent permitted by law unless otherwise expressly agreed.

Different rules may apply where:

  • the seller made an error;
  • merchandise qualifies for a legally required remedy;
  • shipment was never completed; or
  • international consumer law requires reimbursement.

35. Refund Processing for Approved Online Returns

After an authorized return is received, All Tribes Treasures may inspect it to confirm compliance with the applicable return conditions.

If a refund is approved, it will ordinarily be returned to the original payment method.

All Tribes Treasures generally seeks to submit approved refunds within 7 business days after approval.

Banks, card issuers and payment providers may require additional processing time before the credit appears in the customer’s account.

Where applicable law establishes a different mandatory refund deadline, that deadline controls.


36. Local Pickup of Online Orders

An order completed and paid for through AllTribesTreasures.com generally remains an All Tribes Treasures online transaction even if the customer selects local pickup.

Local pickup alone does not convert the purchase into a Southwest Treasures or NM Collections in-store purchase.

If an online transaction is canceled and a customer subsequently completes a separate purchase through a physical store, the newly completed in-store transaction is governed by the applicable physical-store policy.


37. In-Store Purchases That Are Later Shipped

If a customer personally completes and pays for a purchase through Southwest Treasures or NM Collections but requests shipment afterward, the underlying transaction generally remains an in-store purchase for purposes of voluntary refund and exchange terms.

However, the shipping-damage and carrier-claim provisions of this policy apply to qualifying damage occurring during the subsequently requested shipment.


38. Custom, Personalized & Made-to-Order Products

Custom merchandise is produced, modified or prepared specifically for an individual customer and often has little or no reasonable resale value once work has begun.

Custom merchandise may include:

  • engraving;
  • printing;
  • personalization;
  • custom artwork;
  • customer-specific fabrication;
  • custom furniture;
  • custom decals;
  • custom stickers;
  • special sizing;
  • image reproduction;
  • custom configuration;
  • modification;
  • special-order merchandise; and
  • other made-to-order work.

Customers are responsible for carefully reviewing any specifications they submit or approve, including:

  • names;
  • spelling;
  • dates;
  • photographs;
  • artwork;
  • measurements;
  • size;
  • colors;
  • placement;
  • wording;
  • layout; and
  • other personalization information.

Once customer-specific production has begun, cancellation may no longer be available to the extent permitted by applicable law.

A product properly produced according to customer-approved specifications is not defective simply because the customer later changes their mind about those specifications.

If the merchant makes a confirmed production error that materially differs from the customer-approved specifications, the issue will be evaluated and an appropriate remedy provided where required.


39. Sale, Clearance, Discounted & Negotiated-Price Merchandise

An item is not automatically Final Sale merely because its price is reduced.

However, a discounted, clearance, promotional or negotiated-price product may be sold under Final Sale, No Exchange or other transaction-specific terms when those conditions are clearly disclosed before completion of the purchase.

A negotiated discount does not itself create additional return rights beyond those otherwise applicable to the transaction.


40. Defective Merchandise vs. Customer-Caused Damage

A voluntary return and an allegation of an actual product defect are separate issues.

When merchandise is alleged to have been defective when sold, the applicable merchant may reasonably:

  • inspect the merchandise;
  • photograph it;
  • test it;
  • evaluate installation;
  • inspect components;
  • review how it was used;
  • request relevant information; and
  • determine whether the condition resulted from an original problem or circumstances occurring after transfer to the customer.

Damage resulting from misuse, accident, improper installation, improper transportation, unauthorized repair, unauthorized modification, neglect, incorrect electrical connection, improper maintenance or other customer-caused circumstances is not treated as an original product defect.

New Mexico law generally implies merchantability when a merchant sells goods of that kind unless the warranty is lawfully excluded or modified. Merchantable goods must, among other things, be fit for their ordinary purpose and conform to applicable descriptions and affirmations.

This policy therefore does not rely upon a blanket statement that a product could never contain a defect. Instead, it distinguishes legally cognizable product problems from buyer’s remorse, normal natural/handmade variation and damage occurring after the sale.


PART IV — INTERNATIONAL ONLINE ORDERS

41. Mandatory International Consumer Rights

All Tribes Treasures may sell and ship merchandise internationally.

Consumer-protection laws vary significantly among countries and regions.

Where a mandatory consumer law applicable to a transaction provides a right that cannot legally be waived or reduced by this policy, that mandatory right controls to the extent of the conflict.

The existence of this New Mexico-based policy does not automatically eliminate consumer rights that applicable foreign law requires a seller to provide.


42. European Union / European Economic Area

For qualifying distance contracts subject to European Union consumer law, consumers generally have 14 days after taking physical possession of goods to exercise a statutory right of withdrawal without giving a reason, subject to recognized exceptions.

Consumers generally then have a further period in which to send qualifying merchandise back. The consumer may bear the direct cost of return transportation where the merchant properly informed the consumer of that obligation in advance.

The merchant generally must reimburse the cost of the least expensive standard delivery method offered, although supplementary costs created by the consumer choosing a more expensive delivery method need not necessarily be reimbursed.

EU law also allows the consumer to be responsible for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Custom and Personalized Goods

The ordinary EU withdrawal right contains exceptions. Goods made to the consumer’s specifications or clearly personalized are among the recognized exceptions.

Accordingly, qualifying custom and personalized All Tribes Treasures products may fall outside the ordinary statutory change-of-mind withdrawal right.

However, an item’s being handmade, natural or one-of-a-kind does not by itself necessarily create the same legal exception as merchandise made specifically to the consumer’s specifications.

Separate EU remedies can apply where goods are genuinely faulty or not as advertised. EU consumer rules provide a minimum legal guarantee framework for qualifying goods.


43. United Kingdom

For qualifying UK distance sales, consumers generally have a statutory right to cancel an ordinary online order within 14 days after receiving the merchandise, even when the merchandise is not faulty. The consumer generally then has another 14 days to return it.

The merchant generally must refund qualifying amounts within the applicable statutory period following receipt of the returned goods.

Custom-made and personalized products are among recognized exceptions to ordinary change-of-mind cancellation rights.

UK law separately requires remedies for merchandise that is faulty, materially misdescribed or not fit for its intended ordinary purpose.

Accordingly, the phrase No Refunds in a U.S. voluntary policy is not intended to eliminate statutory UK rights where UK law governs.


44. Australia

Australian Consumer Law generally does not require a merchant to provide a repair, replacement or refund merely because a consumer:

  • changes their mind;
  • finds the product cheaper elsewhere;
  • decides they do not like it; or
  • decides they have no use for it.

However, Australian statutory consumer guarantees may require remedies for qualifying product problems and cannot be eliminated by a blanket store policy. The ACCC also recognizes that businesses may assess goods before determining the remedy.

All Tribes Treasures’ change-of-mind policy therefore operates separately from any mandatory Australian Consumer Law remedies.


45. Canada

Canadian federal consumer guidance states that businesses generally are not legally required to accept ordinary returns unless merchandise is defective, although businesses frequently establish their own voluntary refund and exchange policies.

Canadian provinces and territories may impose additional consumer-protection requirements.

Accordingly, mandatory provincial or territorial consumer law applies where it cannot legally be waived.


46. Other International Destinations

For countries or territories not expressly discussed in this policy, any mandatory consumer rights applicable to the transaction continue to apply.

The absence of a jurisdiction from this policy does not mean its mandatory law has been waived.


47. International Return Shipping, Duties, Taxes & Customs Charges

For a voluntary international return, the customer may be responsible for return shipping where applicable law permits and where that obligation was properly disclosed.

Import duties, brokerage charges, customs charges or taxes paid directly to a government authority, postal authority, carrier or customs broker may not have been collected by All Tribes Treasures and therefore may need to be reclaimed directly from the appropriate authority.

Where applicable law requires All Tribes Treasures to refund an amount collected by All Tribes Treasures, the legally required amount will be refunded.

Customers should not intentionally identify returned merchandise inaccurately on customs documentation.


PART V — GENERAL TERMS APPLICABLE TO ALL THREE BUSINESSES

48. Proof of Purchase

Reasonable proof of purchase may be required for:

  • an exchange;
  • an authorized return;
  • product-condition inquiry;
  • warranty-related matter;
  • shipping claim;
  • merchant-error claim; or
  • other transaction inquiry.

Proof may include:

  • original receipt;
  • electronic receipt;
  • invoice;
  • online order confirmation; or
  • another record reasonably sufficient to identify the transaction.

49. Receipt and Transaction-Specific Terms

A receipt, invoice, product listing, order form, custom-work authorization or other transaction-specific document may contain terms applicable specifically to that purchase.

When properly disclosed before completion of the transaction, those specific terms form part of the agreement between the merchant and customer.

Examples include:

  • Final Sale;
  • No Exchange;
  • Exchange Only;
  • 14-Day Exchange;
  • 30-Day Exchange;
  • custom-order terms;
  • restocking fees;
  • handling fees;
  • special-order terms; and
  • customer-approved specifications.

Transaction-specific terms cannot eliminate mandatory legal rights that governing law does not permit a merchant to waive.


50. Policy Exceptions & Customer-Service Accommodations

Southwest Treasures, NM Collections or All Tribes Treasures may choose to make an exception or customer-service accommodation in an individual situation.

Doing so:

  • does not permanently modify this policy;
  • does not create an entitlement to the same accommodation in another transaction;
  • does not establish a course of dealing for unrelated purchases; and
  • does not modify the terms of merchandise expressly designated Final Sale unless the authorized exception specifically states otherwise.

Exceptions must be approved by a person authorized to make them.


51. Payment Disputes & Chargebacks

Customers who believe there is a legitimate problem with a purchase are encouraged to contact the merchant associated with the transaction so that the matter can be reviewed.

A payment dispute or chargeback does not, by itself, alter:

  • the condition of merchandise;
  • whether merchandise was delivered;
  • the return terms disclosed for the transaction;
  • Final Sale terms;
  • custom-order terms; or
  • other transaction facts.

Customers should provide truthful and accurate information to their financial institution concerning:

  • the transaction;
  • authorization;
  • merchandise received;
  • merchandise retained;
  • any attempted return;
  • communications with the merchant; and
  • the applicable purchase terms.

Nothing in this section restricts a customer’s lawful right to raise a legitimate payment or billing dispute.


52. Card-Network Return-Policy Disclosures

Our policy is designed to make refund and exchange terms clear before purchase.

Mastercard’s current merchant chargeback guidance states that merchants that do not accept buyer’s-remorse returns, or that impose special terms such as restocking fees or in-store credits, must disclose those terms before completion of the transaction. Mastercard expressly recognizes sales slips stating policies such as “no refunds.”

Visa’s merchant dispute guidance similarly recommends clear pre-transaction disclosure and recognizes common policies including:

No Refunds / No Returns / No Exchanges
Exchange Only
In-Store Credit Only
and transaction-specific conditions including restocking fees.

For this reason, physical-store terms should be consistently communicated through appropriate combinations of:

  • point-of-sale signage;
  • item-specific signage or tags;
  • verbal disclosure where appropriate;
  • receipts;
  • invoices;
  • order forms; and
  • written acknowledgments for transactions involving unusual or significant restrictions.

53. New Mexico Consumer-Law Principles

For transactions governed by New Mexico law, this policy distinguishes voluntary buyer’s-remorse returns from legally recognized merchandise problems.

New Mexico’s Uniform Commercial Code provides for an implied warranty of merchantability in qualifying merchant sales unless properly excluded or modified. Merchantability includes fitness for ordinary purposes and conformity with applicable descriptions and affirmations.

New Mexico law sets specific requirements for excluding or modifying implied warranties. In particular, a written exclusion or modification of merchantability must mention merchantability and must be conspicuous.

New Mexico’s Unfair Practices Act also addresses false or misleading representations and unconscionable practices in connection with trade or commerce.

Accordingly, nothing in this policy should be read as representing that a merchant can eliminate a statutory remedy simply by labeling a transaction “Final Sale.”

Instead:

No Refund / Final Sale provisions govern voluntary change-of-mind and buyer’s-remorse situations except where a separate legally required remedy applies.


54. U.S. Federal Consumer-Law Principles

There is no general federal right allowing a customer to cancel every ordinary purchase simply because they have changed their mind.

The FTC Cooling-Off Rule applies to certain sales made at a customer’s home, workplace, dormitory or specified temporary locations. It does not generally cover sales completed after negotiations at the seller’s permanent place of business.

Online orders are separately subject to the FTC Mail, Internet, or Telephone Order Merchandise Rule, which regulates promised shipment timing and requires cancellation/refund options where an order cannot be shipped within the required period.

State laws can impose additional requirements, particularly regarding disclosure of limited refund policies and restocking fees.


55. Governing Principle When Laws Conflict With This Policy

This policy establishes the businesses’ voluntary return, refund and exchange terms.

When a mandatory federal, state, territorial, provincial, national or other applicable consumer law provides a right that legally cannot be waived, the mandatory law controls only to the extent necessary to resolve that conflict.

The remainder of this policy continues to apply.


56. Contact Information

All Tribes Treasures — Online Orders

Website: AllTribesTreasures.com
Email: info@alltribestreasures.com
Phone: 505-570-6181

For online return authorization, shipping claims or order issues, please contact All Tribes Treasures before returning merchandise.

Southwest Treasures — In-Store Purchases

For a transaction completed through Southwest Treasures, please contact Southwest Treasures using the contact information provided on your receipt or visit the store.

NM Collections — In-Store Purchases

For a transaction completed through NM Collections, please contact NM Collections using the information provided on your receipt.

Please do not ship, mail or leave merchandise at a physical retail location without first confirming eligibility and obtaining any authorization required under the applicable policy.