Terms & Conditions

 

Last Updated: May 25, 2018, Version 1.0

Welcome to By Design Modern. Your use of this website, bydesignmodern.com, is governed by the terms and conditions (“Terms”) appearing herein below, as updated from time to time. The current version of these Terms is indicated hereinabove. These Terms constitute a legally binding agreement between you and Sugar Barrel Antiques Ltd. (hereinafter referred to as “bydesignmodern.com”, “By Design Modern”, “we”, “us” and “our”) the owner and operator of By Design Modern and this website, bydesignmodern.com.

By using this website, you agree to these conditions. Please read them carefully.

We offer a wide range of Products & Services, and sometimes additional terms may apply. In addition, these terms and our privacy policy are subject to change without notice. An up-to-date version of the Terms and the Privacy Policy shall be available on bydesignmodern.com. The current version of the Terms and the Privacy Policy shall be as indicated at the head of those documents. By using this website, you agree to be bound by these Terms.

 

PRIVACY

Please review our Privacy Policy, which also governs your use of this website, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

When visiting bydesignmodern.com, or when you send us e-mails, you are communicating with us electronically. By using bydesignmodern.com you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You consent that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

 

OPT-OUT ELECTION

When we request information from you on our Site, we may provide you with the opportunity to elect to receive future communications from us. You may at any time elect not to receive future communications from us, and when you do so your name will be removed from any list of those wishing to receive future communications from us. You may make such election not to receive communications from us by either following the removal instructions on the communication you received from us or by contacting us at info@bydesignmodern.com stating that you want to be removed from the communications list and attaching a copy of the unwanted communication.

 

COPYRIGHT

All content included in or made available through bydesignmodern.com, such as text, graphics, logos, button icons, images, audio clips, videos, digital downloads, and data compilations is the property of bydesignmodern.com or our content suppliers. This material is protected by United States, Canadian and International copyright laws. All of the content included in or made available through bydesignmodern.com is the exclusive property By Design Modern and protected by U.S, Canadian and international copyright laws.

 

PROPER USE AND ACCESS

You shall not engage in any activity directly or indirectly which undermines the integrity of the computer systems, networks and/or other electronics of By Design Modern and/or of other users of By Design Modern. You shall not gain and/or attempt to gain unauthorized and/or unlawful access to By Design Modern’s computer systems and networks and/or any and all data or information therein. You agree to use bydesignmodern.com for your personal use only and shall in no event use any or all of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through bydesignmodern.com for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on bydesignmodern.com for purposes other than appearing in these Terms is prohibited to engage in any activity directly or indirectly which undermines the integrity of the computer systems, networks and/or other electronics of bydesignmodern.com and/or of other users of bydesignmodern.com. You shall not gain and/or attempt to gain unauthorized and/or unlawful access to bydesignmodern.com’s computer systems and networks and/or any and all data or information therein. You agree to use bydesignmodern.com for your personal use only and shall in no event use any or all of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through bydesignmodern.com for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on bydesignmodern.com for purposes other than appearing in these Terms is prohibited.

 

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account information and password on bydesignmodern.com. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. bydesignmodern.com does not sell products for children. Adults can purchase products through bydesignmodern.com with a credit card or other permitted payment method. If you are under 18, you may use bydesignmodern.com only with involvement of a parent or guardian. bydesignmodern.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless By Design Modern and our parent, affiliates, owners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

For more detail, please review our Return Policy.

 

RISK OF LOSS

All items purchased from By Design Modern are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

RETURNS, REFUNDS AND TITLE

By Design Modern does not take title to returned items until such time as the item arrives at our store. For more information about our returns and refunds, please see our Return Policy.

 

DELIVERIES

Delivery timeframes communicated by By Design Modern are estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall By Design Modern be liable for deliveries going beyond the estimated timeframe.

 

FORCE MAJEURE

By Design Modern shall in no event be held responsible for delay and/or non-provision of the Services or Products, or unavailability of the Website for any reason whatsoever including but not limited to events beyond the reasonable such as Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties

 

TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a purpose, durability, title, and non-infringement.

In no case shall By Design Modern, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

APPLICABLE LAW

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of and your purchase of products and/or services through By Design Modern. Any infraction of the Terms and Conditions shall be governed by the laws of British Columbia and the laws of Canada without regard to any conflict of law provisions of your domicile residence or physical location. At our discretion, we may report any infractions or violations relating to the agreement to the appropriate authorities. You and By Design Modern each agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia, Canada.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@bydesignmodern.com