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Thanks for visiting Design Works Cape Cod
online store.
If you have questions regarding your order or
placing an order the easiest way to contact us is via email at
info@designworkscapecod.com We can also be reached at:
Design Works
159 Main Street
Yarmouthport Ma 02675
Shipping generally takes less than three
weeks. Your credit card will not be charged until the product has
been shipped. For orders to be delivered in Massachusetts, sales
tax will be added.
DesignWorksCapeCod.com provides a 30-day
warranty that all products purchased will be free from defects in
material and workmanship. Authorization to return products
purchased from designworkscapecod.com under the limited warranty
must be obtained from designworkscapecod.com prior to any such
return. To obtain such authorization, please contact DC at
info@desinworkscapecod.com. In DC's sole discretion, exchange
credit may be granted with respect to returned products, depending
on the reason for the return and the condition of the product. Any
returned products must be shipped to DC, freight prepaid, at your
risk. We recommend that you use a carrier that will track your
shipment and insure your product’s safe delivery.
DesignWorksCapeCod.com cannot accept any returns sent C.O.D.
Shipping and handling charges are non refundable. This warranty
applies only to products offered on the DesignWorksCapeCod.com
Please refer to our Terms of Sale for additional terms and
conditions that apply to your purchase of products from us.
Design Works
159 Main Street
Yarmouthport, Ma 02675
info@designworkscapecod.com
Terms of Sale
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF
SALE. designworkscapecod.com (“DC”) provides to you
(“Buyer,” “you” “your,” etc.)
an online store for the purchase and sale of DC products and
services (collectively “DC Products”), and access to
other product information and services (collectively, the “eStore
Service“). The eStore Service is owned and operated by DC
and its service providers and is provided under the terms and
conditions of these Terms of Sale and the Terms of Use for the
designworkscapecod.com web site (“Site”)
(collectively, the “Terms”). All capitalized terms
used but not defined herein shall have the meanings set forth in
the Terms of Use, and these Terms of Sale are incorporated into
and made subject to the Terms of Use.
2. MODIFICATIONS TO ESTORE SERVICE. DC
reserves the right to modify or discontinue all or part of the
eStore Service, temporarily or permanently, with or without notice
to you, and is not obligated to support or update the eStore
Service. You acknowledge and agree that DC shall not be liable to
you or any third party in the event that DC exercises its right to
modify or discontinue all or part of the eStore Service.
3. ORDER ACCEPTANCE. You may place orders for
products and services via the eStore Service. Your receipt of an
electronic or other form of order confirmation does not constitute
DC’s acceptance of your order, nor does it constitute
confirmation of DC’s offer to sell you the particular
product or service. DC reserves the right at any time after
receipt of your order to accept, decline, or limit your order for
any reason. Your credit card will not be charged until DC has
accepted your order and prepared your order for shipment or for
download. We may require additional verifications or information
before accepting any order. Price and availability of products and
services offered on the Site are subject to change without prior
notice. To the extent we provide information on availability of
any products, you should not rely on such information. DC will not
be liable for any lack of availability of products you may order.
If your purchase order or any other communication with DC contains
provisions inconsistent with the Terms, the Terms shall prevail.
If you would like a receipt for any product or service ordered
through the eStore Service, you must: (1) send an e-mail to
sales@designworkscapecod.com; (2) enter your e-mail address and
the date of purchase; and (3) you will receive an e-mail from DC
with your receipt.
4. SECURITY. The purchase area of the eStore
Service is designed to be secure. However, if you experience
fraudulent use of your credit card as a result of shopping with
DC, notify DC and your credit card company in accordance with its
reporting rules and procedures.
5. PRICES. Unless otherwise expressly
indicated in writing by DC, prices for all products are as noted
on DC's Site as in effect on date your order is placed. All prices
are based on quantity indicated and, unless otherwise indicated on
DC's acknowledgment and/or invoice, are F.O.B. the location of
DC's facility from which products are shipped. Unless otherwise
indicated on DC's acknowledgment and/or invoice, Buyer shall pay,
and be exclusively liable for, all costs of shipping, delivery,
insurance and the like after DC has effected delivery of the
products to the U.S. postal service and/or carrier. All prices are
in United States dollars.
6. TAXES. Prices do not include any tax or
other governmental charge or assessment on the sale, shipment,
production or use of any products sold to Buyer hereunder. Such
taxes and charges, when applicable, may appear as separate
additional charges on DC's acknowledgment and/or invoice. Buyer
shall be solely responsible for, and shall pay to DC upon demand,
any such tax, charge or assessment, unless Buyer has furnished to
DC an appropriate valid certificate of exemption issued by or
acceptable to the tax authority in question.
7. DELIVERY. DC shall make every reasonable
effort to effect shipment on or before the scheduled shipping
date(s) reflected on DC's acknowledgment and/or invoice, but such
schedule may vary due to, among other things, conditions beyond
DC's reasonable control, including, but not limited to DC's
receipt of all materials and information to be supplied by Buyer.
If no shipping date is specified, shipment will be made on date(s)
selected by DC. In no event shall DC be liable for any damages or
penalties for delay in delivery or for failure to give notice of
delay.
8. PACKING AND SHIPMENT. Unless preferred
packing method is noted on DC's acknowledgment and/or invoice, all
items will be packed for shipment in accordance with DC's standard
practices. Unless otherwise specified on DC's acknowledgment
and/or invoice, DC will ship by the most appropriate method, but
by doing so does not assume any liability in connection with the
shipment. Any and all claims by Buyer for damage or loss of
products in transit shall be made by Buyer against the carrier.
9. TITLE. Except with respect to software,
title to all DC Products sold by DC to Buyer shall pass from DC to
Buyer when such DC Products are delivered by DC to the U.S. postal
service and/or carrier for shipment to Buyer. DC shall retain
title to and ownership of any software licensed by DC to you via
the eStore Service or the Site, in accordance with the license
agreement provided with the software, or if no such license
agreement is provided, in accordance with the Terms of Use.
10. RISK OF LOSS. Delivery of all products
sold by DC to Buyer hereunder is F.O.B. DC's facility from which
such products are shipped. All risk of loss of or damage to such
products shall be assumed by Buyer upon DC's delivery of such
products to the U.S. postal service or other carrier for shipment
to Buyer.
11. INSPECTION BY BUYER. Buyer shall
carefully inspect all deliveries of products as they are received
by Buyer and report to DC promptly (but in any event within thirty
(30) calendar days after receipt of shipment) any alleged error,
shortage, defect or nonconformity of such products. Any failure by
Buyer to so inspect and report shall constitute a waiver by Buyer
of any claim or right of Buyer against DC arising with respect to
any such error, shortage, defect or nonconformity which was
reasonably discoverable by such an inspection.
12. CANCELLATION. Buyer may cancel any
product order prior to shipment. After shipment, products may only
be returned in accordance with Section 15.
13. LIMITED WARRANTY. It is the sole and
exclusive responsibility of Buyer to determine the suitability of
any and all DC Products for Buyer's intended purposes and uses. DC
warrants that the DC Products sold hereunder will be free from
defects in material and workmanship for a period of thirty (30)
days from the date of original purchase. If you discover a defect
covered by this warranty, we will repair or replace the DC Product
at our option, provided that DC shall not have any liability
whatsoever for any damage to or defect in DC Products resulting
directly or indirectly from events occurring after the delivery of
such products to the U.S. postal services and/or carrier by DC.
This limited warranty does not cover damage caused by abuse,
misuse, accident, modification or repair by any person other than
DC, moisture, extreme heat or cold, or corrosive environments. The
limited warranty does not cover normal wear and tear on consumable
items or any DC Product with an altered or defaced serial number.
Third Party Products: All third party
products listed in the eStore Service other than the DC Products
are subject to the terms and conditions of the agreement between
you and the third party selling such products (if any), and any
other third party policies and procedures. All warranties,
maintenance, updates, liabilities or other obligations related to
such third party products shall be provided for by the third
party.
THIS LIMITED WARRANTY IS THE SOLE AND
EXCLUSIVE WARRANTY GIVEN BY DC WITH RESPECT TO DC PRODUCTS. ANY
IMPLIED WARRANTY ARISING UNDER APPLICABLE LAW IN CONNECTION WITH
THE SALE OR USE OF DC PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NONINFRINGEMENT, IS LIMITED IN DURATION TO THE
30 DAY TERM OF THE EXPRESS LIMITED WARRANTY ABOVE. NO
REPRESENTATIVE OF DC IS AUTHORIZED TO GIVE OR MAKE ANY OTHER
REPRESENTATION OR WARRANTY OR MODIFY THIS WARRANTY IN ANY WAY
EXCEPT IN A WRITTEN AMENDMENT OF THESE TERMS OF SALE SIGNED BY A
DULY AUTHORIZED REPRESENTATIVE OF DC WHICH MAKES SPECIFIC
REFERENCE TO THESE TERMS OF SALE.
14. LIMITATION ON DC'S LIABILITY. DC’S
LIABILITY IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF
DEFECTIVE DC PRODUCTS OR COMPONENTS. THIS LIMITED WARRANTY SHALL
NOT IN ANY EVENT BE DEEMED TO INCLUDE ANY LIABILITY, OBLIGATION OR
RESPONSIBILITY OF DC FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH DC
PRODUCTS, OR THEIR SALE OR USE, INCLUDING BUT NOT LIMITED TO,
DAMAGE TO OR LOSS OF ANY PROPERTY, INJURY TO PERSON, LOSS OF USE
OF THE PRODUCT, OR INCONVENIENCE. SOME STATES DO NOT ALLOW
LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THEREFORE, THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND
YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
15. RETURNS. Authorization to return products
purchased from DC under the limited warranty must be obtained from
DC prior to any such return. To obtain such authorization, please
contact DC at sales@design workscapecod.com. In DC's sole
discretion, credit may be granted with respect to returned
products, depending on the reason for the return and the condition
of the product. Any returned products must be shipped to DC,
freight prepaid, at Buyer's risk. We recommend that you use a
carrier that will track your shipment and insure your product’s
safe delivery. DC cannot accept any returns sent C.O.D. Shipping
and handling charges incurred in connection with returns are your
responsibility and will not be reimbursed.
16. INDEMNIFICATION. Buyer agrees to
indemnify, hold harmless and defend DC (and its employees,
consultants, advisors, experts, officers, directors, parents,
subsidiaries, affiliates, successors, assigns and agents) from and
against any and all claims, demands, judgments, liabilities,
damages, losses, expenses and costs (including, but not limited
to, court costs and attorneys' fees) incurred or suffered by DC,
which relate to or arise out of (a) Buyer's use, handling, sale or
distribution of the DC Products sold hereunder; or (b) Buyer's
breach of any representation, warranty or obligation hereunder.
17. TERMINATION & EFFECT.
A. Termination. Either you or DC may
terminate access to the eStore Service with or without cause at
any time and effective immediately. DC shall not be liable to you
or any third party for termination of the eStore Service. If you
object to any provision of the Terms of Sale or any subsequent
modifications thereto or become dissatisfied with the eStore
Service in any way, your only recourse is to terminate your use of
the eStore Service. Upon any termination of the eStore Service,
you acknowledge and agree that DC may immediately delete the files
in your account and bar any further access to such files or the
eStore Service.
B. Your Obligations Upon Termination. You
agree that upon termination of these Terms of Sale, You will: (1)
pay any and all outstanding fees and payments due to DC in full
within thirty (30) days after termination; and (2) perform your
obligations under all outstanding purchases.
18. ACKNOWLEDGMENT. You acknowledge that (a)
you have read and understood the Terms of Sale; and (b) that these
Terms of Sale have the same force and effect as a signed
agreement.
Designworkscapecod.com
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