Terms and Conditions for the Online Sale of Goods and Services

March 02, 2021

• THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.  YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM MY WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH EMERY ANN DESIGN, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.emeryanndesign.com (the “Site”) pages and accounts on Facebook®, Instagram®, and Pinterest® (the “Sites). Please read both these Terms, my Terms of Use, and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

Order Acceptance and Cancellation You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Emery Ann Design, LLC and you will not take place unless and until you have received your order confirmation e-mail.

1.Prices and Payment Terms

1. 1. All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
   2. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, and Discover for all purchases. You represent and warrant that
      1. the credit card information you supply to us is true, correct, and complete
      2. you are duly authorized to use such credit card for the purchase
      3. charges incurred by you will be honored by your credit card company
      4. you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
2. Goods
   1. Proofing & Revisions
      1.   You are entitled to two rounds of revisions for Emery Ann Collection designs.  Additional revisions shall be provided for an additional fee of $50.00 per revision round and will be sent in a separate invoice.
      2. If after print approval and before your order has gone into production you choose to make a change, you will be charged a revision fee of $150.
      3. After your order has gone into production, revisions cannot be made unless you pay for printing, material, and revision fee of $150 for each piece.
      4. If you wish to change an item, and that change substantially alters the specifications as described in the original estimate, or scope of work, you and Emery Ann Design, LLC will execute an additional signed agreement reflecting the revised order specification and fee.
   2. Accuracy. You assume responsibility for providing correct times, dates, and spelling of all words, including names and places, in addition to the design elements. Before Emery Ann Design, LLC begins the final project, Emery Ann Design, LLC will submit a final proof/print approval email to you for review. Once approved, no changes can be made and Emery Ann Design, LLC will not be held responsible for any errors found after approval, nor will Emery Ann Design, LLC be required to make any changes.
   3. Quantity.  Most styles of invitations must be ordered with a minimum of 25 in multiples of 25.  It is recommended that you order at least one extra for a keepsake, one for your photographer to take detail shots, and a few for any last-minute guests or keepsakes for other family members as it is more costly to order reprints.  Please also keep in mind that invitations are being handled by the USPS and may be lost in the mail, ordering 10-20% extra in case of this is always a good rule of thumb.
   4. Timeline. Please see the specific item for design and printing times.  The design and assembly process can take up to 8 weeks for collection items and extra time for custom designs.  You understand that delay in approving the proofs will result in a delay of the order.
      1. Emery Ann Design, LLC sends details form within 1 business day of order.  
      2. You complete details form within 48 hours of receiving.  
      3. Design begins after Emery Ann Design, LLC receives your details form and you will receive first proof within 3-5 business days.  Client will respond within 48 hours with revisions or ready for print approval email.
      4. Production will begin and ready to ship within 2-3 weeks unless you add assembly and embellishments.  Please see product page for specific timing.
   5. Rush Orders. If a rush order is needed, an invoice of 60% of the order will be sent to you and will not begin until payment has been received.  Rush orders are accepted depending on availability and the needs of the project. Please email nicole@emeryanndesign.com to see if there is availability for your rush order.  Emery Ann Design, LLC shall not bear responsibility for rush charges for delivery and printing to meet a deadline.
   6. Address List and Guest List. If you order guest addressed envelopes or variable data printing such as place cards or escort cards, Emery Ann Design, LLC will send specifications on prepping your address list and guest list if needed for addressing envelopes and any day-of stationery such as place cards or escort cards with a specific CVS file.  Addresses, names, and other information will be written exactly as they appear on provided list from you. Emery Ann Design, LLC will not make etiquette or spelling corrections. If you wish Emery Ann Design, LLC to prepare or adjust a list, a $200 fee will be added onto your final invoice per list.
   7. Embellishments. Emery Ann Design, LLC cannot guarantee that identical embellishments displayed in photographs or samples of past work will still be available from the same suppliers at the time of ordering (ribbon color/width, envelope color, etc.). Emery Ann Design, LLC will make a good faith effort to match the embellishment shown or requested. You authorize Emery Ann Design, LLC to make a complementary substitution based on her professional opinion and the requested design if necessary.
   8. Variances. It is possible that subtle variances in color can occur between print runs. This is a natural effect in the printing process that cannot be avoided. Due to the nature of handmade items, each will have slight variations.  Stationery cannot be returned or refunded because of these variances. Emery Ann Design, LLC will not bear any responsibility for reprinting or shipping. Emery Ann Design, LLC will provide digital mock-ups for client approval for designs, color, as well as digital images for envelopes and materials.  As computer monitors use a light-based source to show color, and calibration of color varies from computer to computer, there is the chance that a client’s prints and/or envelopes and materials may arrive with a slight variance in hue from the client’s original perception. Emery Ann Design, LLC shall not bear any responsibility for reprinting, shipping or brokerage charges as a result of a reorder for this cause.
   9. Creative License of Designer. You understand that the nature of designing stationery is unique, and will vary from piece to piece. Although the Emery Ann Design, LLC and you will discuss the style desired on the Goods, you agree that they have hired Emery Ann Design, LLC based upon the Emery Ann Design, LLC individualized skill. You agree that Emery Ann Design, LLC has full creative control on the style, framing, and other aesthetics of the design.
   10. Consistency. Emery Ann Design, LLC will use reasonable efforts to ensure your desired Services are produced in a style and manner consistent with Emery Ann Design, LLC current portfolio and Emery Ann Design, LLC will try to incorporate any reasonable suggestion made by you. However, you understand and agree that:
       1. Every client and wedding is different, with different tastes, budgets, and needs;
       2. Design services are often a subjective art and Emery Ann Design, LLC has a unique vision, with an ever-evolving style and technique;
       3. Emery Ann Design, LLC will use its artistic judgment when providing Services for Emery Ann Design, LLC, which may not include strict adherence to your suggestions;
       4. Although Emery Ann Design, LLC will use reasonable efforts to incorporate your suggestions and desires when providing you with the Services, Emery Ann Design, LLC shall have final say regarding the aesthetic judgment and artistic quality of the Services;
       5. Dissatisfaction with Emery Ann Design, LLC’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
   11. The Post Office. Although the post office reads envelopes electronically, because all typography designs are unique, some addresses or calligraphy styles will be more or less difficult to be read electronically.  You understand that any address that can not be read by machine will likely be hand inspected. If the address still can not be delivered, it will be returned to the address of the return. Emery Ann Design, LLC is not responsible for resending, reprinting or reimbursing for invitations or addresses that do not make it to their intended address.
       1. Posting. Invitations can incur additional postage because of their weight or shape of the final piece, please make sure to take a final invitation to your post office to be weighed for correct postage.  Emery Ann Design, LLC is not responsible for invitations or stationery that are lost in the mail or destroyed through the mailing process. Emery Ann Design, LLC is not responsible for resending, reprinting or reimbursing for invitations or addresses that do not make it to their intended address. As with any mass mailing, you are likely to have 1-3% of your pieces be undeliverable.  Please check your address list carefully to ensure all your address are correct to minimize this effect. You may wish to order an additional 10-20% of your pieces to ensure additional pieces are available if needed.
3. Shipments; Delivery; Title and Risk of Loss
   1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
   2. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, nor are we required to refund orders lost in the mail. However, if an item is not delivered by the carrier, you must notify us within 2 days of the originally scheduled delivery date. Any decisions regarding whether or not to replace a lost item are within our sole discretion, upon timely notice.
4. Returns and Refunds. All products and services on  the Site are non-returnable.  If you receive your order that is not up to industry standards and Emery Ann Design, LLC cannot replace the item, you will receive a refund.  To receive a refund on products, you must email our Refund Department at [email protected]. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment, meaning if an item is not delivered back to us, you will not be refunded. Refunds are processed within approximately 7 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
5. LIMITED WARRANTY.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.

1. 1. This limited warranty extends only to the original purchaser of products and services from the Site, not to any subsequent or other owner or transferee of the product. This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services you purchased from us. This limited warranty does not cover any damages due to transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for 10 days the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
   2. With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services. To obtain warranty service, you must e-mail us [email protected] during the Warranty Period.
   3. Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
2. Intellectual Property Use and Ownership. You acknowledge and agree that:
   1. Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
   2. You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements.
   3. Emery Ann Design, LLC is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
3. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

ADDITIONAL TERMS AND CONDITIONS

1. GOVERNING LAW. The Parties have entered into this Agreement in the State of ILLINOIS and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of ILLINOIS, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of ILLINOIS, and that venue of any action will be located in the District Court of DuPage County, Illinois.
2. BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
3. INDEMNIFICATION. To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
4. BINDING ARBITRATION.  ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF ILLINOIS, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
5. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
6. EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Emery Ann Design, LLC intellectual property rights and confidential and proprietary information by you, Emery Ann Design, LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Emery Ann Design, LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in DuPage County, Illinois, United States of America for purposes of any such action by Emery Ann Design, LLC.
7. COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
8. NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
9. FORCE MAJEURE: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, act of foreign enemies, or other hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, any hazardous situation created outside the control of either party such as disorder, nuclear leak or explosion; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.