Terms & Conditions
This Terms and Conditions of Sale (the "Agreement") constitutes a binding legal contract between you and Jessica Anderson, the owner and operator of designtoproduce.com website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
Design to Produce is not responsible for items not delivered to incorrect address given at the time of the order.
Product prices, availability, shipping/delivery costs, types of shipping method, and terms and conditions of sale, are subject to change without advance notice. Design to Produce is not responsible for typographical errors.
Pricing: In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Design to Produce shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, DTP may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Taxes: Design to Produce prices do not include sales, use, excise or similar taxes.
Shipping: Shipping and handling on clients prototype development are additional and quoted to client at time of shipment.
Unless otherwise expressly indicated at the time of sale. For bulk orders, cost of shipping for heavy or oversized items is higher than other items of the same value and will be reflected in the shipping total. Bulk costs will be quoted to client at time of production completion and client will be given the open to ship by Air (Express) 1 1/2 weeks or by Sea Freight (20-30 days)
Loss or damage that occurs during shipping by a carrier selected by DTP or its partner manufacturers is the responsibility of DTP to settle the issue and oftentimes freight insurance on shipment shall be quoted to client. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.
You must notify us within 48 hours of the date of delivery if you believe any part of your purchase is missing, wrong or damaged. Shipping carriers include but are not limited to UPS, FedEx, USPS and DHL according to the items ordered and the shipping destination.
Replacement of goods: no returns on services, for custom production orders. Any issues with product will be managed by our team and typically replaced or repaired by our team.
* If an item arrives damaged or defective you must contact us within 30 days of receipt. If the box appears damaged upon receipt, notify the shipping company and take pictures and video.
* If an item was damaged during transit, we reserve the right to request photographic proof of damage. That is, you may be asked to provide a photo and videos of the damaged item(s).
Waiver and Limitation of Liability
You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of Design to Produce are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of Design to Produce. You acknowledge by your use of products sold by Design to Produce that your use of the products and any reliance upon them is at your sole risk. In no event shall DTP or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, statutory, punitive, exemplary or consequential damages arising directly or indirectly from or in connection with any product and/or its use. It is your responsibility to follow all instructions and heed all warnings accompanying any product ordered from the site. You agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Design to Produce arising out of your purchase or use of products ordered via the site.
Disclaimer of Warranties
To the full extent permissible by applicable law, Design to Produce expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some states do not allow limitations on implied warranties so these limitations might not apply to you. The warranties set forth herein give you specific legal rights and you may have other rights that vary from state to state.
You agree to defend, indemnify and hold completely harmless Design to Produce from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the products purchased via the site.
TERMS AND CONDITIONS OF USE
Copyrights and Trademarks
designtoproduce.com operates this web site for retail purposes only and all materials such as images, photographs, illustrations, texts & other materials and content is the property of designtoproduce.com. Visitors may not copy, reproduce, modify, distribute, sell, display, publicly perform, repost, prepare other works based upon or otherwise use any of our content in any way for any purpose, use our content on any other web site or in a networked computer environment. Visitors are only allowed to print pages from this website for personal, non-commercial use. Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by designtoproduce.com, one of its affiliates or by third parties who have licensed their materials to designtoproduce.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of designtoproduce.com and is also protected by U.S. and international copyright laws. Design to Produce will enforce its intellectual property rights to the full extent of the law.
Disclaimers and Limitation of Liability
This site is provided by designtoproduce.com on an "as is" and "as available" basis. designtoproduce.com makes no representations or warranties of any kind, expressed or implied, as to the operation of the site, the information, content, materials, or products, included on this site. You acknowledge, by your use of the designtoproduce.com web site, that your use of the site is at your sole risk. Under no circumstances shall tdesigntoproduce.com or any other party involved in creating, producing, or distributing designtoproduce.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to designtoproduce.com, including but not limited to reliance by a user on any information obtained from designtoproduce.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to our company records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through designtoproduce.com. because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such state’s liability is limited to the fullest extent permitted by law.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. designtoproduce.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from designtoproduce.com on this Site and other than generally available third party web browsers such as Netscape Navigator, Google Chrome or Microsoft Explorer.
Links To Third Party Web Sites