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Terms of Purchase, Use, and Conditions Agreement
of Dekni Creations
Last Updated: March, 2023
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF PURCHASE, USE, AND CONDITIONS PRIOR TO EXPLORING OUR WEBSITE OR PLACING AN ORDER FOR OUR PRODUCTS. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
Section 1 – Introduction & Consent to Terms
Welcome to Dekni Creations’(referred to herein as“Dekni”,“we”,“us”, or“our”) Terms of Purchase, Use, and Conditions Agreement (referred to herein as the“Terms” or the“Agreement”). Dekni’s mission is to provide unique and custom quality headwear and custom leather accessories to brand your business. Thank you for visiting our website. If you are a returning customer, thank you for supporting our family, business, and team.
If you do not agree to these Terms, we ask that you please not use our Website or hire our company to create custom branded goods for you or your company (“Services”). Your use of our Website or purchasing our Services constitutes acceptance of these Terms.
These Terms apply to all users of our website,https://deknicreations.com/ (“Website”), our mobile website, our social media accounts, or other platforms now or hereinafter created (the “Platform”), and anyone who purchases our Services. By using our Platform or purchasing our Services, you agree to be bound by these Terms.
If you are using our Website or purchasing our Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms.
We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to these Terms. Any modification to these Terms will be notated at the top of these Terms.
Section 2 – Privacy Policy
Please refer to our Privacy Policy which includes information about how we collect, use, and disclose information about you. If you are a California resident, please also review our additional privacy disclosures that are directed towards you.
In order to operate and provide the best experience on the Platform and our Website, Dekni may collect certain information about you. You acknowledge that when you use the Platform and the Services, Dekni may use various automatic means, which include but are not limited to cookies and web beacons, to collect information about your mobile device, computer, and about your use of the Platform and purchase of our Services. By using the Platform and our Services, you consent to all reasonable actions taken by Dekni with respect to your information.
Our full Privacy Policy can be found on the bottom of our Website.
Section 3 – Eligibility & Account
Our Services are not meant to be used by anyone under the age of eighteen (18) and we do not target persons under this age to provide our Services. By using our Services, you represent and warrant that (a) you are at least eighteen (18) years old; and (b) you have the full power and authority to enter into these Terms and purchase our Services.
Prior to using our Services, you may be required to create an account on our Website. By creating an account on our Website, you represent and warrant that all information submitted on your account is true and correct to the best of your knowledge. Should any of the information on your account need to be updated for any reason, you agree to make all such updates as soon as possible. Any incorrect information on your account will be borne solely by you. This specifically includes an incorrect address for shipping.
By creating an account on our Website, you hereby acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account and password, including any information found therein. You hereby accept all responsibility for all activities that occur under your account.
Section 4 – How Our Services Work & Placing an Order
Once you find the desired product on our Website, you follow our order customization process and select the quantity of that item you would like to purchase (subject to these Terms). Turnaround times vary between products. Refer to our turnaround times page for current shipping times. (All ship dates are subject to change and are estimates only).
Before submitting an order for our Services, you will be shown an order confirmation screen describing the inclusions of your order, such as products, patch, logo, price, and any applicable charges for taxes and shipping. When you submit an order to purchase our Services, this creates an offer by you to purchase our Services. Once you receive the order confirmation email from us, this constitutes acceptance of your offer to purchase our Services and is a legally binding contract, subject to the limitations found herein.
Thereafter, we will send you a mock-up of your items, which generally takes three to five (3-5) business days after an order has been submitted and accepted. At that time, you’re able to make changes, edits, or alterations to the proposed order. The exception to this is if you purchase a hat or beanie from us, you cannot change the hat or beanie style or color unless the hat or beanie is out of stock. Once changes are made to your order, if any, after receipt of the confirmation email, your order will then be final and cannot be altered.
We reserve the right, in our sole discretion, to refuse or cancel any order, including after being submitted. If your order is refused or canceled after you have been charged, we will issue you a full refund.
Section 5 – Terms of Sale & Shipping
We cannot guarantee availability of all of our products as we rely on third-parties for fulfillment of specific items. If we are unable to fulfil your order due to unavailability, you will be given the option of waiting for availability, changing your order, or cancelling your order altogether.
Unless otherwise stated, we require a minimum order of twenty-four (24) pieces of the same style, size, decoration, and color in order to process your order (“Minimum Order Requirement”). For headwear, we permit style, design, and decoration mixing so long as it is done in increments of twelve (12) pieces. If your order does not meet the Minimum Order Requirement, unless otherwise agreed to, we are not obligated to process your order.
Section 6 – Additional Terms of Sale, Shipping, Rush Order, & Taxes
Our products and Services offered are described on our Website at the time of purchase. All prices shown for our Services are shown in U.S. Dollars. We also reserve the right to discontinue certain products or Services at any time. Payment must be made at the time of purchase. If we process your order and your payment is rejected or you later issue a chargeback of the payment, you will be responsible for ensuring full payment for all monies owed. Failure to pay for our Services once thirty (30) days have passed since placing your order will accrue interest at one percent (1%) per month until paid in full. Dekni reserves the right to transfer any past-due balance to a collection agency or attorney. If your past-due balance (of any amount) is transferred to a collection agency or attorney, Dekni shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.
Dekni or our agent will arrange for the shipping of the products you order from us according to the delivery method you have chosen and to the address you have provided. Delivery times are estimates only and we cannot guarantee delivery of a normal order by a particular date unless it is a Rush Order.
However, if stated in your order, we can guarantee that your order will be dropped off at the mail carrier by a specific date, but since the company we use for mailing products is a third-party, we cannot make any guarantees about their ability to perform by a certain date.
HOW LONG WILL IT TAKE FOR MY ORDER TO ARRIVE?
After you approve your digital mockup in which we send you via email after checkout:
Your email confirmation will also include a tracking number for you to track your order.
Our products will be delivered to you by a third-party delivery company and since the shipping of your order can be impacted by many events beyond our control, Dekni will not be responsible or liable for any damages, costs, or similar arising out of delivery of product after the expected delivery date. All delivery costs are estimates and you hereby agree to pay for any such reasonable increases in delivery costs.
However, if you advise us before placing an order that your order is a rush or must be completed by a date that is generally within our delivery window (a “Rush Order”), we will guarantee delivery of your order by the date specified in your order. We reserve the right, in our sole discretion, to approve or reject a Rush Order. In the event that a Rush Order is accepted by us, you agree to pay for all such shipping and handling charges as may be necessary to fulfil your order on time. This specifically includes overnight or other methods of delivery which may carry substantial increased costs.
We offer free standard ground shipping for orders over one thousand dollars ($1,000.00). For orders under one thousand dollars ($1,000.00), you are required to pay for shipping. The prices on our Website do not include shipping and handling charges. Your taxes and shipping charges will be shown on the confirmation email you receive from us. You acknowledge and agree that you are responsible for all taxes associated with placing your order for our Services.
Title to and risk of loss or damage to your order, and any liability in connection therewith, shall pass to you upon delivery of your order to the mail carrier or other third-party we use to ship orders.
Section 7 – Cancellation, Refunds, and Duty to Inspect
Once (a) an order has been placed; (b) you receive an automated email; (c) you receive an email from us with your mock-up; (d) you make alterations to the mock-up, or choose not to do so; and (e) your order is finalized - we cannot offer any refunds, changes, or cancellations of any kind. The reason for this is that all items are custom ordered, and in order to expedite process times, we immediately begin working on your order. If we were to permit cancellations or order changes after beginning work after receiving your changes of a mock-up, our company would sustain damages (sometimes a large amount of damages) from the change or cancellation. As a result, all orders are final once your mock-up has been approved by you.
Once you place an order for a specific type of product (ex - red hats), the specific type of product cannot be changed once you receive the initial confirmation email from us. The reason for this is that we order products from our supplier immediately after receipt of your order so that we can offer expedited processing times. If we were to permit changes to the type of product(s) after ordering, we would sustain damages from the change or cancellation. As a result, once you’ve ordered a specific type of product, that type of product cannot be changed.
The only exception to this rule is if we are out of stock of a particular product that you have ordered. If this is the case, you will be contacted by someone from our team and will be given the opportunity to switch your product, or if you are unable to find a product to your liking, we are more than happy to offer you a full refund.
You agree that you have a duty to inspect your order within five (5) days of delivery for any non-conforming goods. Failure to inspect your order and advise us, in writing, of non-conforming goods, if any, will preclude your ability to return or exchange products. Any such notification of non-conforming goods must be submitted in writing and evidenced by photographs. Once you have used a product, you are unable to return it for being non-conforming. In this paragraph, non-conforming shall mean any products with (a) errors; or (b) does not conform to the contract. Non-conforming shall specifcally not mean a minor stretching of fabric, which you hereby agree is a normal occurrence in clothing, headgear, and other accessories.
Please contact us at info@deknicreations.com upon discovery of any non-conforming products, if any.
Section 8 – Dekni Intellectual Property.
The contents of our Website and Platform are protected by United States and international copyright laws. The contents of our Website and Platform are owned exclusively by Dekni or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Platform or Website (the“Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Dekni
Dekni and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Dekni. All rights in these Marks are reserved by Dekni. You may not use any Dekni-provided Marks or other logos or graphics, without our prior written consent, except that you have a license to use our byline on the footer of your website.
We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Website and Platform. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Website or any and/or all content except as is necessary to view and/or use our Website; (b) make any use of the Website or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either the Website or any and/or content; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the Website or Platform automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.
Section 9 – Payment, Billing, Other
When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. By providing a credit card or other acceptable payment method, you represent and warrant that you authorize us to charge your payment method for all charges you incur for your purchase of our Services. You agree that you are responsible to pay for and will pay for all such charges.
Section 10 – Your Logo Submission
When you submit your logo to us (a “ Logo Submission”), you understand that we are under no obligation of confidentiality whatsoever regarding your Logo Submission. By submitting a Logo Submission to us via our Website, email, or otherwise, you hereby grant to Dekni an irrevocable, limited, royalty-free, worldwide license to use your Logo Submission, and any products we create for you containing your Logo Submission, or any photographs or videos created thereby, on our Website or Platform for marketing, promotional, or advertisement purposes. You acknowledge and agree that no compensation will be provided for the license granted in this paragraph and you accept the consideration of providing you the Services as consideration for this license. You acknowledge and agree that the license granted herein is irrevocable, will never involve any form of compensation, and that the grant of this license is a condition precedent to Dekni providing you the Services and creating your products, unless otherwise agreed to. You acknowledge and agree that we are not obligated to use your Logo Submission or any products containing your Logo Submission and there is no guarantee that you will see your Logo Submission or any products created containing your Logo Submission on our Website or Platform.
We take no responsibility and assume no liability for any Logo Submission submitted by you, including for any claims brought by third parties alleging a form of intellectual property claim. By submitting a Logo Submission to us, you represent and warrant that (a) the Logo Submission is owned or licensed by you; (b) if neither ownership or license applies to your Logo Submission, that you have all necessary approvals for us to provide the Services using the Logo Submission; and (c) that creating products with the Logo Submission will not infringe on the intellectual property rights of any party or entity. By submitting a Logo Submission, you hereby acknowledge and agree that you will indemnify and hold harmless Dekni and its agents, employees, owners, parents, subsidiaries, affiliates, and similarly situated companies or persons from any claims, demands, actions, proceedings, or similar from any third-party intellectual property matter(s).
Finally, we generally do not permit the submission of a Logo Submission containing nudity, profanity, or anything that is not intended to be seen by all ages. We reserve the right to reject any order due to this.
Section 11 – Third Party Links
Our Platform, Website and any content thereof may contain links to third-party websites or services that are not owned or controlled by us. Dekni has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Dekni shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. By using the Services, Website, and our Platform, you expressly waive us, our employees, agents, contractors, affiliates, successors and principals from all liability arising from your use of any third-party website.
We strongly encourage you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Section 12 – Copyright Infringement
If you believe that your copyright has been infringed by Dekni, please immediately send us a notice to info@deknicreations.com. We respond to notices of copyright infringement immediately and take any such allegations seriously.
In your email, please include the following:
We will respond to any such claims within seventy-two (72) hours of receipt.
Section 13 – Term & Errors
These Terms will remain active and in full force and effect so long as they are posted on our Website.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or change Services if any information is inaccurate at any time (including after you have agreed to our Services).
Section 14 - Disclaimer
OUR WEBSITE, PLATFORM, AND SERVICES ARE PROVIDED 'AS IS' AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEKNI AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF THE ACCESSING AND USE OF THE PLATFORM, OUR WEBSITE, OR OUR SERVICES.
Section 15 – Limitation of Liability
Dekni shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU PAID DEKNI FOR THE SERVICES.
IF WE ARE UNABLE TO SOURCE SOME OR ALL OF THE ITEMS NECESSARY FOR YOUR ORDER, OUR MAXIMUM LIABILITY UNDER ANY CAUSE OF ACTION AND FOR ANY REASON WILL BE THE PURCHASE PRICE YOU PAID FOR THE ORDER.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH OUR SERVICES, TERMINATION IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Section 16 – Indemnification
You agree to defend, indemnify and hold Dekni, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Website or Platform in violation of any law, rule, regulation, (ii) your breach of these Terms; or (iii) any intellectual property claims brought by a third-party arising out of a Logo Submission.
Section 17 – General Provisions
Section 18 – Questions
If you have any questions or comments regarding these Terms, please feel free to contact us by email atinfo@deknicreations.com.