_Terms and Conditions
Please read and review the following terms and conditions of use carefully before using this website.
Everything Damask reserves the right to make changes to the website, its content and/or products offered at any time and without notice. Everything Damask reserves the right to change these terms and conditions at any time at its sole discretion.
These Terms and Conditions of Use are binding on all persons that access the website located at: www.everythingdamask.com without qualifications or exceptions. By entering/using the website, the User agrees to be bound by and shall be deemed to have accepted these Terms and Conditions, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms and Conditions, the User may not enter, view or make use of the website.
TERMS OF PURCHASE
Completion of your order (submitting payment) in any form, but not limited to website, email, written documentation, etc signifies your agreement to abide by and submit to all terms and conditions of ordering as listed below.
All content of this site, including but not limited to text, site design, logos, graphics, icons, images and pictures are the sole property of Everything Damask Copyright© 2011-2012, All Rights Reserved. No portion of the information on this website may be reproduced in any form or by any means without prior written consent from Everything Damask. All information, content, photographs and materials we offer are the sole property of Everything Damask and cannot be duplicated, distributed, or borrowed without the expressed written permission of Everything Damask. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
WARRANTIES AND DISCLAIMERS
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, our Site disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Everything Damask does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Everything Damask does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Everything Damask shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged. If your credit card or bank account has already been charged for the purchase and your order is canceled, we shall immediately void the transaction or refund to your credit card or bank account account the amount of the order total.
INDEMNIFICATION AND CLAIMS
You agree to indemnify, defend and hold harmless Everything Damask and its affiliates from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances shall Everything Damask be liable for any direct, indirect, incidental, or consequential damages, including, but not limited to, all bodily damage as a result of the installation and usage, either proper or improper, of our products, and property damage as a result of usage. By purchasing, you agree to release Everything Damask of any liability associated with the usage of the aforementioned products and assume full responsibility for the proper usage and all possible results from the usage herein. Every customer assumes these legal responsibilities upon submitting an order either electronically or manually.
Please note, we cannot refund any order unless grossly misrepresented on our behalf. By submitting payment, you are agreeing to our no refunds, no return policy. Order discrepancy's must be reported in writing within 48 hours of receipt based on delivery confirmation status. All return/refund requests must be submitted to Everything Damask within 48 hour of receipt based on delivery confirmation status. Items must be returned in their original/sealed packaging and prior to event date. Upon receipt, we will contact you to complete your item return/refund. Original qualifying free shipping orders are subject to regain shipping fees applied and return shipping is the responsibility of the buyer. Additionally, multiple quantity orders are subject to a re-stocking fee. Custom and/or promotional linen orders are not under any circumstance eligible for return. Because we offer free fabric samples of all of our products, color and/or material discrepancy returns/refunds are not eligible for return or replacement.
We reserve the right to refuse refund/replacement in the event that the discrepancy is not defined as a direct result of negligence or gross misrepresentation on our behalf.
Payment in full is required for start/completion of any order. We will not process any order in the event your payment/funds have been put on hold, pending status or accrue insufficient funds.
All items purchased through Everything Damask are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to our carrier.
We are not responsible for any damages caused through shipping/handling when in direct fault of the carrier. All items are carefully packaged and meet standard tested"wear and tear" guidelines. If you are concerned, please contact us prior to placing your order to add insurance to protect your loss. Any item marked as "delivered" under Delivery Confirmation status is non negotiable-"Item Not Received" is invalid in the event that your package was marked as delivered. No refunds or replacements will be issued when marked as delivered. Return to sender and unclaimed packages will be re-attempted up to 1 (one) time at buyer expense and whenever possible with alternate address provided. Additional return to sender/unclaimed returns will be marked "undeliverable" and item will be destroyed. Please note, we do not provide reimbursement/refunds for multiple attempt return to sender or unclaimed packages-valid address and/or signature needed for claim packages are labeled the sole responsibility of the buyer.
We are not responsible for any damages defined as or the direct result of neglect or mistreatment-storage conditions, weather/natural disaster (including humidity, rain, etc), theft or anything caused while not in our possession. Client acknowledges that all care and handling processes are the sole responsibility of themselves. Please note, we cannot guarantee refund/replacement/reproduction of any item that has been damaged during shipping or is considered product of neglect.
Everything Damask reserves the right to limit quantities, refuse orders, terminate accounts and/or cancel orders at any time and discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful and/or conflicting to the interests of Everything Damask.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. These Terms constitute the entire agreement between you and us with respect to our service, and supersede all other communications, written or oral, with regard to our service. Note that any violation of these Terms may result in termination of our service to you.