TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
ALL ONLINE TRANSACTIONS AND SALES ARE SOLD THROUGH EmbroideryDesigns.com
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN EMBROIDERY DESIGNS' INVOICE DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND EmbroideryDesigns.com HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
I authorize EmbroideryDesigns.com to charge any credit/debit card payments to my credit/debit card(s), and/or I authorize my bank to deduct any checking/savings payment(s) from my checking/savings account, on the payment date(s) indicated above.
These terms and conditions of sale constitute a binding contract between Customer and EmbroideryDesigns.com. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on EmbroideryDesigns' Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and EmbroideryDesigns.com relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in EmbroideryDesigns.com invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN COOK COUNTY, ILLINOIS AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN COOK COUNTY, ILLINOIS AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
If Customer provides EmbroideryDesigns.com with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for EmbroideryDesigns.com, title to products and risk of loss or damage during shipment passes from EmbroideryDesigns.com to Customer upon shipment from EmbroideryDesigns.com facility. For all other shipments, title to products and risk of loss or damage during shipment passes from EmbroideryDesigns.com to Customer upon receipt by Customer. EmbroideryDesigns.com retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
If your merchandise has been received, Please submit a written cancellation notice within 5 days AND call our shipping department at 1−866−451−3900 notify them of your refund request, please be sure to include the following information: order number, date of order, billing and shipping name and address. You may send this written request to sales@EmbroideryDesigns.com. A 15% restocking fee will be charged to the credit card used for your order.
The cost of shipping a returned product is the responsibility of the buyer.
All pricing is subject to change. EmbroideryDesigns.com reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability and errors in advertisements. All orders are subject to product availability. Therefore, EmbroideryDesigns.com cannot guarantee that it will be able to fulfill Customer’s orders.
NEITHER EmbroideryDesigns.com NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER EmbroideryDesigns.com NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY EmbroideryDesigns.com OR ITS AFFILIATES, NEITHER EmbroideryDesigns.com NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
EmbroideryDesigns.com will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or EmbroideryDesigns.com advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF EmbroideryDesigns.com, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Chicago, Illinois. If arbitration is chosen by any party with respect to a Claim, neither EmbroideryDesigns.com nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Chicago, Illinois. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to EmbroideryDesigns.com arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
The purchaser agrees that the above prices and specifications are satisfactory and hereby accepted and that the credit card information above is true and accurate. Your signature below gives EmbroideryDesigns.com the right to use your credit card for this and additional payments to your order. If a custom drawing is attached to this order, please inspect it carefully.
The full balance is due with this order for all EmbroideryDesigns.com items. The balance is due prior to shipping. All items shipped prepaid; shipping has been added to order.
If Customer receives damaged products; please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original packaging and notify EmbroideryDesigns.com immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify EmbroideryDesigns.com Customer Relations at Support@EmbroideryDesigns.com of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for EmbroideryDesigns.com to file a damage claim.