By placing an order for services with the company, you are certifying that you have read, understand, and agree to the following terms and conditions. If you have any questions about any provisions of this Service Contract (the “Contract”), please email them to adornments@missiechic.com prior to placing your order.
DEFINITIONS
- Company means MissieChic, LLC, its affiliates, and any officer, director, employee, member, manager, agent, subcontractor, successor, or assign thereof or its affiliates.
- Content means all materials and information provided by, through, or linked to the Service including, without limitation, text, images, and photos.
- Services means all engraving and design services and all work related thereto. These includes Basic Engraving Services (defined as engraved personalization of Company furnished goods using available options) and Custom Engraving Services (defined as creating Customer specific designs to personalize Company furnished Goods not available as one of the normally available options on this website.)
- Client means any person or entity which places an order with the Company for Services.
- Goods means the property sent to the Company by or on behalf of the Client for Services.
- Materials means the design, trade name, graphic, picture, logo or other material requested by the Client to be engraved on the Goods.
- *HEADINGS DISCLAIMER - Any headings and titles used in this Agreement are for convenience only and have no legal effect.
PAYMENT TERMS & CLIENT APPROVAL OF PROOF FOR ENGRAVING SERVICES
- A refundable deposit of 50% of agreed upon fee, the Company will provide a proof for placement of text and/or logo on Company furnished Goods and Materials for Client review and approval prior to performing the engraving services.
- Client represents and warrants to Company that Client has the right to use any Art, Images or Material it furnishes to Company and further warrants that Client’s request for Services related to the Material is not in violation or infringement of any intellectual property rights or any other laws or statutes. Client shall indemnify Company and hold Company harmless from any alleged claim or demand, including attorneys’ fees and costs, made by any party due to or arising out of the Material or the Services including, without limitation, the Client’s use of the Services, the Client’s breach of any representation or warranty, and the Client’s violation of any rights of another.
- Client shall review the proof carefully and communicate any proposed changes to the Material to Company.
- Client understands and agrees that the proof is provided by the Company to assist Client in visualizing the Services and determining whether they would like to make changes to the size, content, or placement of the Material on the Goods and is not a guarantee that the Services may not differ somewhat from the proof.
- Upon Company’s receipt of Client’s acceptance of the proof, Client’s payment to the Company shall be non-refundable.
ADDITIONAL TERMS & CONDITIONS
- Upon Client’s placement of an order for Services from the Company and in consideration of same, the Client agrees to abide by the following Service Contract without limitation or qualification. The Company reserves the right to change, modify, or alter the Contract at any time for any reason and without notice prior to Client’s placement of an order for Services. Said changes, modifications, or alterations are effective immediately, and shall be published on the Company’s website and govern any orders for Services placed after said publication. Client’s order for Services placed after any modifications or amendments to this Contract shall constitute Client’s agreement to and acceptance of said modifications or amendments.
- The etched products on this website are for display purposes only and are not presented for resale. Registered trademarks, artwork, and logos are the property of their respective owners and are not to be construed as endorsements by or for the trademark owners. We assume no liability for unauthorized use.
- Images used on missiechic.com are for the purpose of inspiration for your customized item(s) and serving as a guideline to the items that may be incorporated into any package.
- Images used in our packages are not intended to expressly represent MissieChic's services, or infringe on the intellectual property of others.
- Customization and package specifications are discussed with the consumer directly, and products will be explicitly stated in the Contract.
- This website may contain copyrighted material, the use of which may not have been specifically authorized by the copyright owner. Only small portions of the original work are being used and those could not be used easily to duplicate the original work. This should constitute a 'fair use' of any such copyrighted material (referenced and provided for in section 107 of the US Copyright Law). We believe all content used falls under the remits of Fair Use, but if any content owners would like to dispute this, we will not hesitate to remove said content. It is not our intent to, in any way, infringe on their content ownership. For any copyright inquiries, please contact us at adornments@missiechic.com.
- *WARNING: Consuming foods or beverages that have been kept or served in leaded crystal products, or handling products made of leaded crystal will expose you to lead, a chemical known to cause birth defects or other reproductive harm.
- The Company has the right to decline any submitted order for Services at its sole discretion. The Company shall not be liable in any manner for declining to perform Services for any Client.
- DISCLAIMER AND LIMITATION OF LIABILITY. CLIENT UNDERSTANDS THAT CLIENT’S USE OF THE SERVICES IS AT THEIR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY CLAIM, DEMAND, OBLIGATION, LIABILITY, INDEBTEDNESS, LIEN, AGREEMENT, COVENANT, BREACH OF CONTRACT, BREACH OF DUTY OR RELATIONSHIP, BREACH OF STATUTE OR STATUTORY LIABILITY, ACT, OMISSION, MALFEASANCE, CAUSE OR CAUSES OF ACTION, DEBT, EXPENSE, SUM OF MONEY, ACCOUNT, COMPENSATION, CONTRACT, CONTROVERSY, PROMISE, JUDGMENT, DAMAGE, COST, LOSS, ATTORNEYS’ FEE, OR CLAIM FOR SANCTIONS, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER ARISING DIRECTLY OR INDIRECTLY FROM OR IN ANY WAY RELATING TO THE SERVICES. THE COMPANY SHALL NOT BE RESPONSIBLE FOR SCRATCHES, DENTS, OR ANY OTHER DAMAGE TO THE GOODS, INCLUDING DATA LOSS, MALFUNCTIONING, OR SHIPPING LOSS OR DAMAGES.
- These limitations of liability shall survive failure of an exclusive remedy. The provisions of this section shall survive any sale completed with Client and any change or elimination of this Contract.
- The terms of this Contract are contractual and not a mere recital. The Client agrees that this Contract shall be binding upon them and their respective personal representatives or successors; that unless amended in writing and signed by the Company, this Contract contains the final agreement between the Company and the Client, and that they shall not be bound by any terms, conditions, oral statements, warranties, or representations not herein contained. The Client further states that this Contract has been carefully reviewed and that the contents and terms expressed herein are fully understood.
- In the event that the Company must employ legal counsel or bring an action at law or proceeding against the Client to enforce any of the terms, covenants, obligations, or conditions of this Contract or any amount due to Company in connection with Services provided hereunder, the Company shall be entitled to recover all costs associated with such enforcement or collection, including reasonable attorneys’ fees.This Contract may not be assigned by the Client without the prior written authorization of the Company.