Last Updated: March 1, 2023
Spectrum Designz® (“Spectrum,” “we,” “us,” or “our”) provides customized and personalized ceramics, dishware, mugs, plates, and related products (the “Products”) through our online store at spectrum-designz.com (the “Site”) and related services (collectively with the Site, the “Services”) subject to the following Terms and Conditions (the “Terms”), which may be updated by us from time to time without notice to you.
By accessing or using the Services, registering for an account, submitting any designs, text, or requests for customization, completing any online purchase, or otherwise manifesting your assent to these Terms, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.
These Terms govern your access to and use of the Services and constitute an agreement between you and Spectrum Designz. Please read these Terms carefully before using the Services.
1. Age Restrictions
You must be at least 18 years old to use the Services. The Services are not intended for and may not permissibly be used by anyone under the age of 18. By using the Services, you affirm that you are at least 18 years old.
2. Spectrum Account
In order to access certain features or Services, you may be required to register for a Spectrum account. When you register for an account, you agree to:
- Provide accurate, current and complete account information.
- Maintain and promptly update any changes to your account information.
- Maintain the security and confidentiality of your login credentials.
- Promptly notify Spectrum if you discover or suspect any unauthorized activities related to your account.
- Accept full responsibility for all activities that occur under your account.
You may close your account at any time by contacting customer support. Upon account closure, you will no longer be authorized to access the Services with that account.
3. Orders and Payment
Order Process
You may order Products through the online purchase process provided on the Site. You will have the opportunity to review and confirm your order, including delivery address, items ordered, quantities, and pricing. Any delivery timeframes presented are estimates only.
Prices and Payment Processing
Listed prices for Products on the Site are in U.S. dollars. We reserve the right to change prices at any time, and will not be liable for any pricing errors.
The total price includes the price of the Products plus any applicable sales tax and agreed-upon shipping charges. We may revise quoted shipping charges in cases where the actual delivery cost differs from the estimate (for example due to inaccurate address or weight estimations).
You agree to pay all charges incurred under your account at the prices in effect when such charges are incurred. Purchase payments will be processed by third party payment processors according to their standard terms and policies.
Customization
For custom Products, Spectrum will follow the design plan approved by you prior to placing your order. However, given the handmade nature of Products, the final delivered Products may have minor deviations from the design plan. Spectrum reserves the right to make any necessary minor adjustments to the approved design plan if required in the reasonable discretion of Spectrum to complete and deliver the Product.
Cancellations and Modifications
Given the personalized nature of Products, orders cannot be cancelled or modified after you have approved the final design concept. Please review design proofs carefully before approving. Contact us immediately if you believe your approved design concept contains any errors or omissions.
Taxes
Applicable sales tax will be collected based on the address you designate for order delivery. Your delivery address indicates which local taxing jurisdiction(s) apply.
4. Delivery, Title and Risk of Loss
Shipping and Delivery
We will arrange for shipment of ordered Products to you based on the delivery method selected during checkout on the Site. Shipping and delivery dates are estimates only and we are not liable for any delays.
Title and Risk of Loss
Product title (ownership) and risk of loss transfers to you upon our handover of the Products to the carrier for shipment. We are not responsible for lost, stolen or damaged Products after title and risk of loss transfers.
Inspection of Deliveries
You should carefully inspect Products upon delivery and report any damage or deficiencies to Spectrum within 5 days of receipt. Customer will be deemed to have accepted delivered Products after such 5 day period has elapsed.
Shipping Errors
If we erroneously ship Products not included in your order, you have no right or obligation with respect to such erroneously shipped Products. You may refuse delivery altogether, or accept and return the Products to us at our expense within 30 days for a full refund.
5. Returns and Refunds
Returns Due to Defect
If any delivered Product is defective, you should report it to Spectrum by submitting a return request on the Site within 30 days of receipt. After confirming the defect, Spectrum will replace the Product free of charge, or issue a refund in cases where replacement is not commercially reasonable.
General Returns
Custom designed Products may not be returned for reasons other than due to defect. We may consider returns or refunds on a case by case basis for standard Products (non-customized) in new condition within 30 days of receipt. Refunds are issued to the original payment method. You are responsible for all shipping costs related to returns.
Lost or Damaged Shipments
If a Product shipment is reported as lost or damaged in transit, Spectrum will conduct an investigation. If lost, Spectrum will replace or refund your order after a reasonable time for investigation has elapsed. For damaged Products, you may refuse the shipment or accept and return damaged Products for replacements or refunds.
6. Account Termination
We reserve the right, without notice and in our sole discretion, to terminate your account or suspend your use of the Services. Grounds for termination or suspension may include, but are not limited to:
- Breaches or violations of these Terms or other policies
- Discontinuance or changes to the Services
- Extended periods of account inactivity
- Engaging in unauthorized use of content, materials or functionality
- Non-payment of fees owed to Spectrum
Account termination may involve deletion of your information and account data without the ability to access or retrieve that information again. We will provide notice of any account termination or suspension and allow you reasonable time to retrieve account data, unless prohibited by law.
7. User Content
User Content Generally
You are responsible for any text passages, graphics, designs, trademarks, or other content you supply to Spectrum for inclusion on Products (“User Content”). You warrant that you have all necessary rights to provide User Content and that its use as specified by you does not violate any laws or infringe any third party rights.
License to User Content
By providing User Content, you grant Spectrum a non-exclusive, worldwide, perpetual, irrevocable license to reproduce, print, publish and sell Products displaying or containing the User Content. This license will survive and apply even if you stop using the Services.
Spectrum’s Right to Reject or Modify
Spectrum reserves the right to reject, modify, or remove User Content at any time without notice for any lawful reason, including if deemed offensive, indecent, or otherwise objectionable.
8. Our Proprietary Rights
Spectrum Property Rights
The Services and all components, including software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all intellectual property are the sole property of Spectrum Designz or its partners. All rights not expressly granted are reserved.
Trademarks
Spectrum names and logos, all related product and service names, design marks and slogans are the trademarks of Spectrum Designz. You are not authorized to use such marks without written permission.
Reporting Copyright Infringements
Spectrum respects the intellectual property rights of others. If you believe your copyright has been violated on a Spectrum website, please submit a notice to our Copyright Agent at [email protected] containing the following:
- Your name and contact information
- The infringing content
- The URL or location of the infringement
- Statement that you have a good faith belief the use is not authorized
- Statement that the information is accurate and that you are authorized to act on behalf of the owner
9. Disclaimers and Limitations of Liability
No Warranties
USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPECTRUM PROVIDES THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, WITH NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE.
Damage Exclusions
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPECTRUM BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THE SERVICE.
Damage Liability Cap
UNDER NO CIRCUMSTANCES WILL THE TOTAL CUMULATIVE LIABILITY OF SPECTRUM FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED THE FEES ACTUALLY PAID TO SPECTRUM FOR THE PARTICULAR PRODUCTS OR SERVICES GIVING RISE TO THE LIABILITY.
Applicable Law
Certain states and jurisdictions do not allow certain warranty exclusions or damage exclusions and limitations. In such cases, these exclusions and limitations may not apply to you.
10. Indemnification
You agree to indemnify and hold Spectrum and our partners, employees, and affiliates harmless against any liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) incurred in connection with any claim arising from:
- Your breach of these Terms
- Your use of the Services
- Any User Content you provide
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you will cooperate with us in the defense. You will not settle any claim without our prior written consent.
11. Governing Law
These Terms and any disputes arising out of or relating to the Services will be governed by the laws of the State of Ohio, excluding its conflicts of laws rules. The courts located in Summit County, Ohio will have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Services.
12. General Provisions
Changes to these Terms
Spectrum may revise these Terms from time to time to better reflect:
- Applicable laws and regulations
- Changes to the Services
- Business practices and user feedback
If changes are material, we will provide notice through the Services, by email or other means. Your continued use of the Services after changes are effective indicates that you accept the updated Terms.
Entire Agreement
These Terms constitute the entire agreement between you and Spectrum relating to their subject matter and supersede any prior version of these Terms. No purchase order, amendment, or other document provided by you will modify these Terms unless expressly agreed by Spectrum in writing.
No Waivers
Any failure by Spectrum to enforce these Terms or exercise any provision hereof will not constitute a waiver.
Severability
If any provision of these Terms is unlawful, void, or unenforceable, it will be deemed severed and will not affect the validity or enforceability of the remaining provisions.
No Assignment
You may not assign, transfer or sublicense any rights or obligations under these Terms without Spectrum’s prior written consent. Spectrum may freely assign these Terms.
California Consumer Rights
Residents of California are entitled to certain rights under California Civil Code Section 1789.3. They include the right to request that Spectrum provide information regarding the types of personal information we share with third parties for direct marketing purposes, and to opt-out of such sharing. Requests may be sent to [email protected].
Contact Us
If you have any questions about these Terms, please contact us at:
Spectrum Designz®
Legal Department
12345 Clay Street
Akron, OH 44321
[email protected]
These Terms were last updated on March 1, 2023.