Terms & Conditions
The electronic notification you receive that your order has been placed does not signify acceptance of your order by the Site. We reserve the right to decline or limit your order regardless of the Site’s receipt of payment. We may decline to fulfill an order for any reason including but not limited to the reasons listed below:
- The Site’s inability to verify the validity of the payment provided
- Shipping restrictions on specific products
- Items that are out of stock at the time an order is placed
- Discrepancies in the shipping or billing information provided by the customer
In the event that your order cannot be fulfilled after we have received payment for your order, a refund will be issued to you in the manner payment was originally received by the Site. For orders placed outside of normal business hours, refunds for canceled orders will be issued promptly during our normal business hours. The Site reserves the right to refuse service to anyone at any time at our sole discretion. We may suspend the processing of an order at any stage of the order from the time it is placed by the customer until the time the customer receives the product from the courier.
Payment is required for all orders prior to processing of an order by the Site. Accepted forms of payment include Visa, MasterCard, and American Express credit cards.
The Site also accepts payment through Paypal. If selecting Paypal as your payment method, you will be directed to Paypal’s web site and prompted to log in and review details of the invoice before clicking the button “Pay Now”. Once the Paypal transaction is complete, you will return to DesignYourWall.com and payment will be debited from your Paypal account upon completion of the order on the Site.
In the event that a credit card payment cannot be processed through the Site, DesignYourWall.com may, in its sole discretion, accept payment through written authorization sent through e-mail of the card holder in conjunction with a photo copy of the credit card and a valid form of identification of the card holder.
By submitting your credit card information along with the correct billing address, you certify that you are at least 18 years of age, that all details provided are accurate, and that you are the authorized card holder or have been authorized to use the credit card by the card owner. DesignYourWall.com is not liable for delay in shipment or refusal to process orders due to inaccurate or fraudulent submission of payment information for a specific order.
At any time you may update your customer account information by following the instructions posted elsewhere on this Site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
For your security, orders on our Site are encrypted with SSL technology on both the client and server end. Your information sent via the Internet can be trusted to arrive privately and unaltered, to our server only. In order for SSL security to work, you must use an SSL-enabled browser. (Please note that email is not encrypted, and is not considered a secure means of transmitting credit card numbers.)
Duties and Taxes
DesignYourWall.com is required by California State Law to collect sales tax for all California purchasers. All purchaser’s invoices generated by the Site will include applicable sales tax as well as shipping and handling charges in addition to the price of the products ordered.
For orders placed internationally, the purchaser’s invoice does not reflect the total landed cost. By completing your order on the Site, you agree to pay all duties and taxes applicable to the destination country. International customers are responsible for paying the duties and taxes upon receipt of their order. DesignYourWall.com does not accept returned orders nor will it issue refunds for orders because of a purchaser’s refusal to pay applicable duties and taxes upon receipt of goods.
Shipping charges are calculated based on the total weight and dimensions of products in the user’s cart at the time of checkout in conjunction with the postal code and country provided by the user. Shipping rates are calculated each time a new order is placed and may fluctuate based on then-current fuel costs and other factors outside the control of DesignYourWall.com.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products purchased through the Site due to events beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, or governmental act or regulation.
The Site reserves the right to modify pricing on any and all of its products without prior notice at any time in its sole discretion. Re-orders for the same product after a change in price has taken effect will be charged at the newest price as reflected on the Site.
Products and Samples
Any and all products featured on the Site are subject to removal at any time. Items may also be discontinued at any time without prior notice. Any orders placed for an item that has been discontinued will be canceled and refunded promptly within our normal business hours. It is the responsibility of all customers to confirm product availability and to review standard lead times for samples and actual products prior to placing orders.
Samples purchased through the Site are meant to be general representations of the product. Samples may have variance in shade and color from final product due to difference in production dye lots. Certain products featured on the Site may not be sampled. Sample orders may be delayed and may arrive from multiple points of origin without notice. Certain products can be sampled on a print-to-order basis and include their own production lead time in addition to the duration of the selected shipping method.
Trademarks and Copyrights
As a purchaser/site user, you acknowledge that you have no right, title or interest in the trademarks, copyrights or other intellectual property rights of DesignYourWall.com and you covenant that you will not take any action to register or otherwise interfere with any such rights.
Any products that are damaged or otherwise defective as described by the manufacturer's warranty located inside the package of all products at the time of delivery will be replaced at no charge to the purchaser. All items claimed to be defective within the warranty period must be shipped to the company and address indicated by DesignYourWall.com at the expense of the purchaser. If any products are, in fact, defective, such items will be replaced or refunded. DesignYourWall.com’s acceptance of any products shipped to DesignYourWall.com shall not be deemed an admission that the products so shipped are defective, and if DesignYourWall.com finds that any items returned are not defective, such products will be reshipped to the purchaser at the purchaser's expense.
For more information regarding our warranty and Return Policy, please contact us by telephone at (866) 960-3030 or by e-mail at firstname.lastname@example.org
These policies set forth your sole and exclusive rights with respect to return of products that you may purchase through our Site.
All requests for support and service in regard to products and services offered on the Site as well as any other questions or concerns should be directed to us via telephone at (866) 960-3030 or by e-mailing us at email@example.com.
Limitation of Liability
DesignYourWall.com HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER SURFACE PREPARATION, IMPROPER PRODUCT OR COLOR SELECTION OR MISAPPLICATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCTS OR ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE, AT THE OPTION OF DesignYourWall.com.
Intellectual Property and Copyright
All site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the " Materials ") are the property of DesignYourWall and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means, except that you may download one copy of appropriately limited portions of the Materials on any single computer for your personal, noncommercial use only, provided you include " Copyright 2015 DesignYourWall, Inc. All Rights Reserved. Used With Permission " or " (c) 2018 DesignYourWall, Inc. All Rights Reserved. Used With Permission " on every page containing copyrightable elements and you keep intact other proprietary notices. Modification of Materials or use of Materials for any other purpose is a violation of DesignYourWall’s copyright and other proprietary rights. For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. DesignYourWall hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site and/or DesignYourWall, provided that that " Copyright 2015 DesignYourWall, Inc. All Rights Reserved. Used With Permission " or " (c) 2015 DesignYourWall, Inc. All Rights Reserved. Used With Permission " accompanies all copyrightable Materials and other notices are properly maintained. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without DesignYourWall’s express prior written consent. Unauthorized or prohibited exploitation of materials will result in deletion of the offender’s account from the site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Design Your Wall respects the intellectual property of others, and we ask our users to do the same. DesignYourWall may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DesignYourWall’s Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the site
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
The terms and conditions hereof, together with such further terms and conditions as are contained within any written agreement, document, certificate or instrument between us or within any other agreement, document, certificate or instrument referenced herein or within this site, whether by hyperlink or otherwise, constitute the entire agreement and understanding between us concerning the subject matter hereof and thereof and supersede all of our prior agreements and understandings with respect thereto. In the event of any inconsistency between the terms and conditions hereof and such further terms and conditions, the more specific terms and conditions shall control. Such collective terms and conditions may not be altered, supplemented, or amended except by a written agreement signed by you and us. Any attempt to alter, supplement or amend such collective terms and conditions or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.
Governing Law and Statute of Limitations
This Site (excluding linked Sites) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase of products available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the local state and federal courts for the county in which the offices of DesignYourWall.com are located with respect to such matters.