Terms & Conditions
TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions”) govern the use of www.79designs.net (the “Site”). The Site is owned and operated by Donald Jenkins. This Site is an eCommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on this Site is the property of Donald Jenkins and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of this Site.
Acceptable Use
As a user of this Site, you agree to use the Site legally, not to use this Site for illegal purposes, and not to:
• Harass or mistreat another user of this Site;
• Violate the rights of other users of this Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent; or
• Post any material that may be deemed inappropriate or offensive.
If the Site owners believe any users are using the Site illegally or in a manner that violates these Terms and Conditions, they reserve the right to limit, suspend or terminate the user’s access to the Site. The owners also reserve the right to take any legal steps necessary to prevent any user from accessing the Site.
Accounts
When you create an account on the Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to the Site through your account is up to date, accurate and truthful, and you will update your personal information if it changes.
The Site reserves the right to suspend or terminate your account if you are using the Site illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of all goods available on the Site.
The following goods are available on this Site:
• Home Decor;
• Heirlooms;
• Home Furnishings;
• Personalized Gifts; and
• Custom Keepsakes.
These Terms and Conditions apply to all the goods that are displayed on this Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions or images that are provided about the goods are as accurate as possible. However, the Site owners are not legally bound by such information, descriptions or images as the Site cannot guarantee the accuracy of all goods that are provided by the Site. You agree to purchase goods from this Site at your own risk.
The Site reserves the right to modify, reject or cancel your order whenever it becomes necessary. If the Site cancels your order and has already processed your payment, you will be given a refund equal to the total amount you paid for your order. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund(s).
Third Party Good and Services
This Site may offer goods and services from third parties. The Site and its owners cannot guarantee the quality or accuracy of goods and services made available by third parties on this Site.
Payments
We accept the following payment methods on this Site:
• Credit Card;
• Check; and
• Money Order.
When you provide us with your payment information, you authorize the Site’s use of and access to the payment instrument you have chosen to use. By providing the Site with your payment information, you authorize this Site to charge the amount due to this payment instrument.
If the Site believes your payment has violated any law or these Terms and Conditions, the Site reserves the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from the Site, the goods will be delivered through one of the following methods:
• Standard delivery by USPS. Delivery takes up to 10 business days.
• Priority Mail delivery by USPS. Delivery takes up to 7 business days.
• 2-Day Priority Mail delivery by USPS. Delivery takes up to 2 business days.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You may be required to pay delivery charges in addition to the price of the goods you purchase.
If you purchase goods from the Site for delivery to a destination outside the United States, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. The Site is not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide the Site with a complete and accurate delivery address, including the name of the recipient. The Site is not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing this Site with inaccurate or incomplete information.
Refunds for Goods
Refund requests must be made within 30 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
• Good is broken;
• Good does not match description;
• Good is the wrong size; or
• Good does not meet the purchaser's expectations.
Refunds do not apply to the following goods:
• Sale items;
• Discontinued items; and
• Custom work after 30 days.
No refunds will be issued until the goods have been returned and are in the Company’s possession. The goods will then be examined and if determined to be an error from the Company's fault, a full refund or exchange will be issued to the purchaser.
If the goods are damaged due to the Purchaser's error, misuse, or otherwise destructive act, there will be no refund and the Purchaser accepts all shipping and repair costs incurred through the return process.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
1. Pack the goods into the packaging that they were sent in.
2. Go to your nearest post office and pay the necessary postage.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Donald Jenkins and the Site’s directors, officers, agents, employees, subsidiaries and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees incurred from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Donald Jenkins and the Site’s directors, officers, agents, employees, subsidiaries and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of the Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Tennessee.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of the Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way 79 Designs operates the Site and the way the Company expects users to behave on the Site. The Company will notify users by email of any changes to these Terms and Conditions or post a notice on the Site.
Contact Details
Please contact us if you have any questions or concerns. The contact details are as follows:
Email - donald@79designs.net
Phone - (615) 946-2646
Address – 425 Oriole Circle, Clarksville, TN 37043
You can also contact us through the feedback form available on the Site.
Effective Date: 23rd day of November 2022