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TERMS AND CONDITIONS
Effective date: 1st October 2023
1. Introduction
1.1 These Terms and Conditions ("Terms") govern your use of the website located at www.dichotomydesigners.com ("Website"), operated by Dichotomy Designs LLC, a New York State limited liability company ("Company", "we", "us", or "our").
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1.2 By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
2. Definitions
2.1 "Artwork" refers to the unique and beautiful art prints and posters available for purchase on the Website.
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2.2 "Products" refer to the Artwork and any other items available for purchase on the Website, including but not limited to future offerings of t-shirts, home goods like towels, rugs, and pillows.
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2.3 "User", "you" and "your" refer to the individual or entity that accesses or uses the Website.
3. Account Registration and Use
3.1 To make purchases and access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
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3.2 You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account.
4. Privacy
4.1 Your privacy is important to us. Our Privacy Policy, which is available on the Website, explains how we collect, use, and disclose information about you. By accessing or using the Website, you agree to our Privacy Policy.
5. Intellectual Property and Artwork
5.1 All Artwork, designs, logos, and graphics displayed on the Website are the exclusive property of the Company or their respective creators and are protected by U.S. and international copyright laws.
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5.2 Any unauthorized use, reproduction, or distribution of the Artwork is strictly prohibited and may result in civil and criminal penalties.
6. User Generated Content
6.1 If the Website allows, you may post reviews, comments, or other content; and submit suggestions, ideas, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
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6.2 You grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
7. Product Descriptions and Availability
7.1 We endeavor to provide accurate descriptions of the Products available on the Website. However, we do not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free.
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7.2 The availability of the Products and services described on the Website, and the descriptions of such Products and services, may vary based on location and timing.
8. Pricing and Payment
8.1 All prices are listed in United States Dollars (USD) and are subject to change without notice at our sole discretion.
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8.2 Payment for Products can be made via the payment methods available on the Website. You agree to provide accurate payment information at the time of purchase.
9. Order Processing
9.1 An order confirmation email will be sent to you once your order is received. However, receipt of the order confirmation does not constitute acceptance of your order, which is subject to our review and approval.
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9.2 We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
10. Shipping and Delivery
10.1 We primarily ship via USPS First Class, USPS Priority Mail, and USPS Priority Express. Shipping costs, options, and delivery times will be provided at the time of checkout.
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10.2 Free standard shipping is available for orders exceeding $100. Delivery timelines are estimates and are not guaranteed, especially during high-volume periods.
11. Returns, Refunds, and Cancellations
11.1 All sales are final. At this time, we do not offer any refunds but will do everything in our power to ensure customer satisfaction.
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11.2 No cancellations are allowed once orders are placed. Any alterations to orders post-placement are at our sole discretion.
12. Promotions and Discounts
12.1 We may offer promotions or discounts on Products. The specific terms and conditions for each promotion or discount will be available at the time of the offer.
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12.2 We reserve the right to modify, suspend, or terminate promotions at any time without notice. However, such modifications or termination will not affect orders placed prior to the notice.
13. Limitation of Liability
13.1 To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and your use thereof.
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13.2 In no event shall we be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury, or property damage, or any other loss or damage incurred as a result of your use of the Website or the Products.
14. Indemnification
14.1 You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from your violation of any term of these Terms or your violation of any third party right, including without limitation any copyright, property, or privacy right.
15. Governing Laws & Dispute Resolution
15.1 These Terms and Conditions are governed by the laws of New York, USA. Any disputes arising out of or relating to these Terms, the Website, or the Products shall be resolved first with our customer team and if failed, through binding arbitration in New York in accordance with the rules of the American Arbitration Association.
16. Third-Party Links and Services
16.1 The Website may contain links to third-party websites or services. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
17. Modification of Terms
17.1 We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Website, and your continued use of the Website thereafter shall constitute your agreement to be bound by the modified Terms.
18. Severability
18.1 If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
19. Force Majeure
19.1 We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
20. Contact Information
20.1 For any questions or concerns regarding these Terms, please contact us at contact@dichotomydesigners.com.