Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘MainlyDesign.com’ (hereafter also referred to as ‘We’ or the ‘Website’). Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and MainlyDesign.com as they are used to protect your rights as a valued customer and our rights as a business.
Changes to the Terms of Service and the Website
MainlyDesign.com is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
Access to the Website
We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for regular updating of products and for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with MainlyDesign.com by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using MainlyDesign.com in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
MainlyDesign.com takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
The prices indicated on MainlyDesign.com are shown in U.S. Dollars. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be canceled and the payment refunded to you, even if it has been initially validated.
We will always endeavor to fulfill your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.
MainlyDesign.com offers SSL encryption to keep your transaction secure.
Your order will be delivered to the address you indicated when your order was placed. The products bought on MainlyDesign.com will be delivered to one address in the United States and Canada only. MainlyDesign.com does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
Right of Return
All MainlyDesign.com products are made custom for you and therefor cannot be returned. However, if there is a quality issue or a mistake made by us, we will replace the products or you can choose to receive store credit for the full value of your purchase. We may request the products be returned to us or photo proofs be sent as verification.
The User will be reimbursed via the same payment method as was used initially.
Privacy and Protection of Personal Data
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you, in accordance with national laws in place. You can at any time make a request to MainlyDesign.com to find out what personal information we hold concerning you. You may at any time, and by request, modify this information. If you accepted to receive our promotional e-mails when you registered on the Website, offers including new items, clearance, exclusivities, good deals etc. will be sent to you. You may at any time request not to receive any further emails from us by clicking the Unsubscribe link located in all of our emails. Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.
All the content on MainlyDesign.com website (illustrations, texts, names, brand names, images and videos) is the property of MainlyDesign.com, its co-contractors or partners. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by MainlyDesign. All information, content, files and software offered by our services is protected by International law concerning intellectual ownership and copyright. MainlyDesign.com cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code. MainlyDesign.com will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
Waiver and Serviceability
Any failure of MainlyDesign.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MainlyDesign.com, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Feedback & Comments
We welcome any comment, question and communication from our Contact Page. Any opinions left on the Website by MainlyDesign.com customers are not screened by our marketing team. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), MainlyDesign.com reserves the right to refuse or modify it.