sophella DESIGN : Terms & Conditions

 

Overview

Welcome to the sophella DESIGN Website (the “Site”). This website is provided by sophella DESIGN of San Francisco, CA 94112.

 

Throughout the Site, the terms “we”, “us” and “our” refer to sophella DESIGN. sophella DESIGN offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to the following terms and conditions (“Terms of Service”, “Terms of Purchase”, “Terms”), including those additional terms and conditions and policies referenced herein and/ or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read sophella DESIGN’s Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, (browsing, sharing & contributing content and/ or purchasing product(s) from us) you agree to follow and be bound by these Terms & Conditions (the “Agreement”). The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Any new features or tools, which are added to the Site, shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. sophella DESIGN reserves the right to update, change or replace any part of these Terms & Conditions at any time without prior notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Terms Of Service

Section 1 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

 

You may not use the Service if you are a minor (under the age of 18) without your Parent’s (Guardian’s) supervision and / or permission, or if we have suspended your sophella DESIGN account.

 

You may not purchase any products from sophella DESIGN if you are not able to form legally binding contracts. Parent (Guardians) should notify sophella DESIGN immediately if their children have used our services with out their permission; and wish to remove their dependant’s information collected that are within our control.

 

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. sophella DESIGN encrypts transmission between our secure website and you, the user. Credit card information is always encrypted if sophella DESIGN transfers the information over networks.

 

Section 2 – INTELLECTUAL PROPERTY AND USE

The logos, icons, text, images, graphics, designs, artwork, prints, patterns, products, digital downloads, and data compilations appearing on our Website, are protected by United States and foreign copyright laws and are owned or licensed by sophella DESIGN.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Products, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Us.

 

You may not use any of the sophella DESIGN trademarks (trade dress) which include the sophella DESIGN name and logos, icons, page headers, service names and other graphics of sophella DESIGN’s products, services, and programs without prior written permission from sophella DESIGN owners. Any other trademarks appearing on our Website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

sophella DESIGN may pursue any and all injunctive, equitable, and monetary damages permitted under the law to protect and enforce its rights, if any party or user misappropriates or uses our trademarks or copyrights without the express written consent from sophella DESIGN.

 

Section 3 – OPTIONAL TOOLS

We may provide you with access to third-party tools (i.e. Instagram, Pinterest) over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/ or features through the website (including, the release of new tools and resources). Such new features and/ or services shall also be subject to these Terms & Conditions.

 

Section 4 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may re-direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Section 5 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Except for information necessary to place an order and/ or purchase our products, we ask you not to send to us any confidential or proprietary information through the sophella DESIGN website.

 

The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by sophella DESIGN might seem to be similar to creative works submitted by users.

 

If, at our request, you send certain specific submissions (for example comment entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Condition.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, and personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Section 6 – PERSONAL INFORMATION

Your submission of personal information through sophella DESIGN website is governed by our Privacy Policy. This Agreement incorporates by reference the Terms & Conditions of the Privacy Policy.

 

Section 7 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information on the sophella DESIGN website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website or on any related website, should be taken to indicate that all information on our website or on any related website has been modified or updated.

 

Section 8 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Condition, you are prohibited from using sophella DESIGN website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of sophella DESIGN website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Services or any related website for violating any of the prohibited uses.

 

Terms Or Purchase

Section 9 – sophella DESIGN Shop TERMS

By agreeing to these Terms of Purchase, you represent that you are at least the age to form a legally binding contract and/ or you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Section 10 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  (see “Return, Replacement And Refund Policy” below)

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at sophella DESIGN Shop. We cannot guarantee that your computer monitor’s display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of sophella DESIGN owners. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

ORDERING & PAYMENT

  • All orders are prepared as specified in the order details submitted by the User (Purchaser, Customer).
  • The Customer’s billing and shipping information will appear on the checkout and confirmation page as well as the order receipt email sent to the customer after an order is placed.
  • Payment is required in full prior to processing orders and shipment.
  • All purchase(s) are final once the processing of orders has begun. There are absolutely no cancellations or refunds on original artwork or reproduction prints, once sophella DESIGN initiates processing your order.

 

SHIPPING & DELIVERY

  • Complete street addresses, including accurate zip codes, are required. Any charges incurred by sophella DESIGN for incorrect ship-to address will be billed to the purchaser.
  • sophella DESIGN usually will have orders completed and ready for shipping within 5 to 10 business days. Upon shipping, customers should receive their order within 3-6 days depending on your location. Customers that have not received their orders within 14 business days should contact sophella DESIGN for an order status check.
  • Rush orders may be available during certain times of the year and accrue additional production and shipping charges. Please contact sophella DESIGN to discuss your rush order requests.
  • At this time sophella DESIGN only allows orders and shipments in the United States. Shipping charges may be based upon the total amount of an order in order to cover cost of the parcel weight, size, destination and packaging.
  • Customers will be notified if additional shipping costs are required where applicable.
  • Quoted delivery dates are approximate and sophella DESIGN is not responsible for any delay or failure in performance beyond our control.
  • sophella DESIGN and its owner(s) are not responsible for items that are lost during shipping.

 

DISCOUNTS & CREDITS

  • Discount Coupons and/ or credits are only redeemable for full priced items and may not be eligible for specials, promos or sales unless otherwise specified.
  • Discounts & Sales cannot be applied retroactively to prior orders or orders placed after the discount or sale have expired.

 

DAMAGED PRINTS & ORIGINAL ARTWORK

 

LIABILITY

  • sophella DESIGN is not liable for damage or injury to items, animals or people caused by the products due to negligent, reckless, knowing or intentional actions by any person.
  • sophella DESIGN is not responsible for damage accrued to Reproduction Prints or Original Artwork after they have been delivered and caused by the customer or a third party after delivery. Third parties may include but are not limited to framers, retail establishments, or an artist’s customers.
  • By purchasing from sophella DESIGN, the customer assumes all responsibility for damages or injuries caused by the products once it reaches its shipping destination.

 

Section 11 – QUALITY ASSURANCE

sophella DESIGN takes pride in providing only the best quality prints. We inspect all prints for qualities that closely match the original artwork or the artist’s intent of expression. When purchasing original artwork or prints, please note that color & brightness varies on different computer screens and may not be accurately represented.

 

All prints have a quality assurance guarantee.

 

Please review our “Returns, Replacement & Refund Policy” on this page for details in the event it is necessary to seek a return or replacement.

 

Section 12 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/ or orders that use the same billing and/ or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/ or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made through sophella DESIGN Shop. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed. Please contact sophella DESIGN immediately, if the order receipt email contains incorrect shipping information.

 

Section 13 – MODIFICATIONS TO SERVICES, PRODUCTS AND PRICES

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Services or Products (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or Products.

 

Section 14 – RETURN, REPLACEMENT AND REFUND POLICY

There are no returns or refunds on original artwork, reproduction prints and all custom orders, except for the following conditions:

  • Replacements will be given only if your purchase is damaged during shipment.
  • Prints (Reproductions): We don’t carry an inventory of our reproduction prints. All prints are created on demand. Upon receiving your order, if damaged, please contact sophella DESIGN within 3 days and inform us of your damaged order.
  • Original Artwork: All original artwork will be insured for shipment. If the original artwork is damage during shipment, please contact sophella DESIGN immediately. A full refund will be issued to the Purchaser, after sophella DESIGN has had time to assess the incident. There are no refunds for shipped packages received after 24 hours from the time it was signed as received by the Purchaser.

 

It is the Purchaser’s responsibility to inspect their order and that it was delivered in good condition. If the outer packaging shows any sever damaged (such as the tube mailer is bent, water damaged, torn, etc); if possible take a photo of it, do not accept it from the shipper and instruct them to return to the sender. Please contact sophella DESIGN immediately of the damaged good(s) and to get instructions on next steps. A photo of the damaged package may be required.

 

Please note, any return(s), replacement(s), credit(s) or refund(s) may incur a processing fee. Return shipping charges are non-refundable, unless the item received is damaged.

 

Each incident will be handled on a case-by-case basis to determine if a replacement, credit or refund is warranted. We want you to be happy with your order.

 

Section 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error- free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall sophella DESIGN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Section 16 – SECURITY

You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the sophella DESIGN Website or of the networks connected to the Website, and to abide by all security policies adopted by sophella DESIGN. You acknowledge and agree that, for security purposes, sophella DESIGN may monitor your account and your access to and use of the Website. sophella DESIGN may at any time terminate or suspend your access to the Website as sophella DESIGN considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms & Conditions, or to protect intellectual property. sophella DESIGN may also impose limits on certain features and functions of the Website, or restrict your access to the Website without notice or liability.

 

At the moment, sophella DESIGN only offers customers to pay via PayPal.com. When making a purchase; through sophella DESIGN Shop, you are redirected from our secure site www.sophella.com to PayPal.com which provides are secure payment service.

 

sophella DESIGN does not store any credit or debit card information. All payment transactions (including credit or debit card transactions) are processed through PayPal®. If you prefer not to conduct the online transaction through this method of payment, please contact sophella DESIGN for alternatives.

 

Section 17 – INDEMNIFICATION

You agree to indemnify, defend and hold sophella DESIGN harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Section 18 – SEVERABILITY

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using sophella DESIGN website and services.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/ or accordingly may deny you access to our Services (or any part thereof).

 

Section 20 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

 

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

 

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

 

Section 21 – GOVERNING LAW

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the City of San Francisco, the State of California, United States.

 

Section 22 – CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms & Conditions at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website, without notice. It is your responsibility to check our website periodically for changes. Your continued use of or access to sophella DESIGN website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

 

Section 23 – CONTACT INFORMATION

Should you have any questions or comments about the Terms & Conditions, please contact us at contact@sophella.com

 

Disclaimer

Elements within the “sophella DESIGN : Terms & Conditions” are subject to change without notice and at the discretion of sophella DESIGN management.