Style Your Castle,Inc. 1500 Highbranch Way, Hillsborough, NC 27278, (hereafter "Style Your Castle") offers you the ability to create home decor products. By using our software you can determine how your decor products should look. The following terms outline the conditions under which we are finalising the contract with you. You acknowledge this as binding with your order.
1. Offers and service descriptions
The depiction of the products does not constitute a legally binding offer, but rather a prompt for issuing an order. Service descriptions in catalogues as well as on our websites do not possess the character of an assurance or a guarantee. All offers are valid "as long as supplies last", if nothing else is stated for the products. Furthermore, errors may be present.
2. Finalization of the contract
For purposes of our offer we provide you the opportunity to select from available designs or to create your own designs. The design options will be presented to you during the design process. By clicking on "Order" you can finalize the design process and place the order "in the basket". You may then continue to finalise the order process within the basket. The order requires acknowledgement of our General Terms & Conditions. During the order process customers are asked to provide their invoice, delivery and payment information. This information may be edited before the end of the order process. At the end of the order process the customers are brought to a confirmation page wherein they can confirm the order by pressing on the button "Order". We will subsequently send you an automatic confirmation of receipt via e-mail, wherein the details of your order are provided and which you can print out (order confirmation). The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the request. The purchase contract only comes into effect if we send you or present you with the ordered product within 4 days, or when we have confirmed delivery to you within 4 days with a second e-mail, explicit order confirmation, delivery of the correction phase or delivery of the invoice. We reserve the right to refuse orders which, upon impartial and objective observation, appear to provide concrete reason to suspect illegal activity. These especially include orders with offensive, racist or pornographic content. Should we facilitate a prepayment, the contract comes into effect with provision of the bank data and payment request.
The prices stated in the service descriptions apply. The prices do not contain the valid sales tax, which is added in checkout. The cost of shipping is not included are based on shipment size and your location. They are calculated during the order process.
4. Forwarding the print copy
We create the decor product as per your own wishes and stipulations, for which you can utilise the software provided by us. The website can be used for questions on utilising the software. The decor copy must be provided free from third-party rights. Third-party rights are especially present when individual persons are depicted (personal rights) or the designs/images were created by other persons. Ensure that you have all required authorisation (in writing if possible). In the event of doubt, acquire professional legal consultation. Furthermore, the decor design copy may not violate current legislation, especially legal decrees. The print copy may not contain any discriminatory, racist or glorified violence, or images, photos or depictions pertaining to violent / animal / child pornography. When delivering the print copy you ensure that the contents being provided by you do not violate valid laws. You are responsible for the required legal evaluation. The legal innocuousness of the print copy is mandatory, as legal violations may result in extensive damage compensation and other claims, as well as penal consequences. The print copy must be delivered free of viruses. Before sending, a copy of the file must be drafted, which you should store in a secure location for your own reference.
5. Processability the file
During the beginning of processing we will evaluate the forwarded file for processability. Should it be apparent that the forwarded file is clearly not suitable for further processing, you will be requested to provide a processable version of the file within a reasonable time frame to be determined. In the event that the processable version is not promptly delivered to us, we will utilise our legal rights to withdraw from the contract.
6. Rendering of services
Rendering occurs by delivering the ordered items (cards, calendars) as per the service description and print copy. The print copies are applied as they were forwarded to us. A match of colours with other extracts cannot be guaranteed. Only major deviations in the accuracy of the colour may justify warranty claims.
During and before finalisation of the order process you may select from the various payment methods available. You will be informed of the available payment methods on a separate information page. In the event of a direct debit payment we will collect the invoice amount from your account after delivery of the products, as per permission to collect. For each debit charge returned due to a lack of coverage or due to any culpability attributable to it or to you, we levy a service fee of 9 euros for the return debit charge, unless you are able to verify lesser damage. When conducting the SEPA debit mandate, the preliminary term amounts to one day. We are authorised to utilise the services of reliable payment providers during execution of the payment. In this case the terms and conditions of the payment provider also apply during the payment process. The products remain our property until receipt of complete payment.
8. Delivery schedules
Provided a prepayment is agreed, the delivery occurs after receipt of the invoice amount. Should not all ordered products be available, we are authorised to make partial deliveries at our own expense provided this is feasible for you. If the ordered product is not available because we are not delivered this product by our supplier, for which we are not culpable, we may withdraw from the contract. In this case we will immediately inform you and suggest the delivery of a similar product if possible. If no similar product is available or if you do not wish to be provided a similar product, we will immediately reimburse the customer for any return services already rendered.
A match of colours with other extracts cannot be guaranteed. Only major deviations in the accuracy of the colour may justify warranty claims. Customers who are proprietors are obligated to immediately inform us of any errors. Otherwise the products are considered free of imperfections. Furthermore, the warranty term for proprietor customers amounts to one year. In addition, the legal terms of warranty apply.
10. Policy for cancellation right for consumers
The user is any natural person who conducts a legal transaction for purposes that can largely neither be ascribed to their commercial nor their independent professional activity.
Right to cancellation
You have the right to cancel this contract within fourteen days without providing justification. The cancellation term amounts to 14 days after the day whereupon you or a third party named by you, who is not the carrier, have received the goods. In order to exercise your right to cancellation, you must inform us at: Style Your Castle, Inc., 1500 Highbranch Way, Hillsborough, NC 27278
Style Your Castle, Inc.
1500 Highbranch Way Hillsborough
with a clear declaration (e.g. a letter sent via post, telefax or e-mail) regarding your decision to cancel this contract. To this end you may utilise the attached cancellation form template, although it is not required. Submitting a declaration of utilisation of the right to cancellation before expiration of the cancellation term suffices for ensuring the right to cancellation.
Consequences of cancellation
Should you cancel this contract, we must refund you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from selecting a different form of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days after the day when we have received notification of your cancellation of this contract. For this repayment we will utilise the same payment method that you employed during the original transaction, unless something else was explicitly agreed upon with you; in no event will you be charged any fees for this refund. We may refuse the refund until we have received the returned products or until you have provided proof that you have returned the products, depending on which occurs first. You are obligated to immediately resend or return the products, or at the latest within 14 days after the day when you informed us of the cancellation of this contract. The term is adhered to if you send back the products before expiration of the term. You will bear the indirect costs of returning the products. You must only deal with a loss in value if said depreciation is the result of improper use of the products as determined by an assessment of the nature, features and functionality of the products.
Cancellation form template
(If you wish to cancel the contract, then please fill out this form and return it to us.)
Style Your Castle, Inc.
1500 Highbranch Way Hillsborough
- We/I (*) hereby cancel the contract finalised by me/us (*) regarding the purchase of the following goods (*)/ rendering of the following service (*)
- Ordered on (*)/received on (*)
- Name of the user(s)
- Address of the user(s)
- Signature of the user(s) (only when declaring on paper)
(*) Strike out if not applicable.
11. Suspension and/or premature termination of the right to cancellation
The right to cancellation does not apply to contracts regarding the delivery of products that are not prepackaged and for which an individual selection or determination by the user is required for their manufacture, or which are custom-made based on the personal requirements of the user. In such a case, these primarily concern printed materials created by us that you have designed individually.
Regardless of other legal claim requirements, the following liability exceptions and limitations apply for our liability to damage compensation. We hold unlimited liability provided the cause of damage is based on premeditation or grave neglect. Furthermore we are liable for slight, neglectful violation of the major obligations, said violation of which jeopardises fulfilment of the contract objective, or for the violation of obligations, the fulfilment of which facilitates proper execution of the contract and the adherence to which the contract partner is properly familiar. In this event, however, we are only liable for foreseeable, contract-typical damages. We are not liable for slight neglectful violation of any obligations other than those named in this paragraph. The existing liability limitations do not apply to harm to life, body and health, for a flaw after acceptance of a guarantee of the condition of the product and for fraudulently unreported flaws. Liability as per product liability law remains unaffected. Provided our liability is excluded or limited, this also applies for the personal liability of employees, representatives and proxies.
13. Data protection and confidentiality
14. Saving the contract text
You may print out the contract text before submitting the order to us by using the print function of your browser during the order. We will also send you an order confirmation with all order data to the e-mail address provided by you. With the order confirmation you will also receive a copy of the Terms & Conditions along with the notes on shipping costs as well as delivery and payment terms. We save the contract text, although we do not make it accessible to others.
15. Jurisdiction, applicable law, contract language
Jurisdiction and place of fulfilment is our headquarters if the customer is a merchant, corporate body of public law or fund under public law. The laws of the United States of America apply. This does not apply if compulsory consumer protection regulations contradict such application. The contract language is English.
Please use the following means of distance communication when contacting us:
Date: January 2016