Terms & Conditions
Definitions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Confidentiality
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party. Any emails sent by this Company will only be in connection with the provision of agreed services and products, or the occasional marketing notice.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature
- Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Payment
Cash or Personal Check with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. Unless otherwise agreed upon, our terms of payment are a non-refundable half down (50% or higher) deposit before work begins on any custom or fabricated items and full payment (including all S&H costs) by/at the time of delivery/shipping. On smaller items, full payment is required before delivery/shipping. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing base rate (meaning, we charge a 2% higher rate than what our bank charges at time of incident) on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via Collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $5,000.00. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. In all instances where payment has not been received within 30 days of product completion and shipping-ready date, we reserve the right (should we choose) to declare client forfeiture of the original deposit as well as the item itself.
Returned checks will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy
All sales are final. No returns or exchanges are accepted. Our items are made by hand, and made to order, under no instance may you cancel your order once payment is made. Any partial payment made by client is considered non-refundable. Due to the large investment on our end, for large scale orders ($5,000+) once a deposit has been given, no cancellation is allowed, and full payment will be due by the originally agreed upon project completion date no matter what.
Termination of Agreements and Refunds Policy
Our company reserves the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services or materials, shall be refunded.
Availability
Unless otherwise stated, the services featured on this website are only available within the United States of America, or in relation to postings from the United States of America. All advertising is intended solely for the United States of America market. Please contact us directly for any inquiries originating from outside of the United States. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Shipping and Delivery Information
The rate charged for the shipping and handling of your order is based on the weight of your products, number of products purchased, your location, the cost of any special packaging, and the time it takes to prepare the order to be shipped. For larger items, shipping costs vary greatly throughout the year, estimates may be given at the start of a project, but that exact cost will be calculated when product is ready to ship. Damages during the shipping process are the responsibility of the shipping company, and not those of Decimated Designs
Links to this website
We reserve the right to disallow and refuse the posting and creation of links to any page(s) of this website for any reason we deem fit. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. Upon our request you agree to remove any and all links created within 24 hours.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Communication
The best way to get in touch with us is by email at: [email protected] or by calling us at: 203-936-7395
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of the United States of America govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the American courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.