The Fine Design Terms of Use

Read This Terms of Use Agreement Before Accessing The Fine Design Website.

Effective Date:  This Terms of Use Agreement was last updated on July 7, 2012.

 

1. ACCEPTANCE OF TERMS

 

This Terms of Use Agreement (“Agreement”) sets forth the standards of use of The Fine Design Online Service (referred to hereafter as "the Service"). By using The Fine Design website (thefinedesign.com) you (the “User”) agree to these terms and conditions.  If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.   Modifications shall become effective immediately upon being posted at The Fine Design website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.  Except as provided in this paragraph, this Agreement may not be amended.

 

2. DESCRIPTION OF THE SERVICE

 

a) The Service Offer

The Fine Design is providing User with a collection of online resources, including shopping designer clothing, art items and other products, which we consider "fine designed".  User must provide (1) all equipment necessary for their own Internet connection, including computer, and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection. 

b) Registration

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, you must notify us immediately at the following e-mail address info[at]thefinedesign.com. The Fine Design shall not be responsible for any error in shipment, return, email or mail communication or otherwise should you fail to notify us of any changes to your registration information.  The Fine Design reserves the right to change required registration information from time to time and may request such additional information subsequent to your initial registration.  You are required to provide any such additional information in order to have continued access to the Site.

The account password you provide should be unique and kept secure, and you must notify The Fine Design immediately of any breach of security or unauthorized use of your account.

Please refer to our Privacy Policy for information about how we use your data.

c) Eligibility to Purchase

The purchase of merchandise through The Fine Design is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Washington.

In order to make purchases on the Site you will be directed to PayPal online payment service. Any communication and requirement to provide your personal details. In particular, to provide your real name, phone number, e-mail address and other requested information as indicated is solely between you and the PayPal service. Furthermore, PayPal will require you to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information you provide.

The Site is available only to individuals and others who meet all of The Fine Design terms of eligibility and other requirements contained in the Agreements. The Fine Design reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Please refer to our Privacy Policy for additional information about how we use your data.

d) Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

The Fine Design offers products for sale that are in stock and available for shipment from our headquarters. Occasionally  we may be waiting for shipments from one of our contractors. Consequently you may from time to time be given the possibility of making advance purchases for certain items. This will ensure that you receive this item in priority once it has been delivered and authenticated by The Fine Design.  Your rights regarding advance purchases are the same as those for any other purchase at The Fine Design.

Please be aware that we may be unable to deliver selected advance purchase merchandise due to delivery problems and/or quality check issues identified when we receive an order into stock. The Fine Design makes no representations or warranties that any advanced purchase item will be available to you and you agree that you take full risk and responsibility that any advanced purchase item may not be delivered to you.  In these circumstances we will notify you by email and refund the advance purchase payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable. You agree that The Fine Design shall not be liable for non-delivery of any advanced purchase item except as described herein.

e) Pricing Policy

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to Washington State. No other tax or import duty will be applied to orders shipped within the USA.

All international purchases will incur an additional fee for international shipping.  All tariffs, fees and taxes that may be imposed are the responsibility of the buyer.

f) Acceptance of Your Order

Your order will only be placed once you have completed the check out process through the PayPal Service (where you will be automatically redirected).  Once you complete the check out process, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order but is only a confirmation that we have received your request.

Unless you cancel your order, acceptance of your order will be perfected only upon The Fine Design’s successful charge of the purchase price through the PayPal service AND completion of the packaging and shipping of your order. After we dispatch the purchased item(s) to you we will send a second email containing your tracking number, and confirming that your order has been dispatched.

We reserve the right to refuse your order for any reason, at The Fine Design’s sole discretion, including, without limitation, in the event that (a) your payment is declined by the PayPal service or any financial institute, (b) shipping restrictions apply to a particular item, (c) the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or (d) that you do not meet any of the requirements contained within the Agreement.

We will not be liable to you or any third party by reason of our decision to refuse your order, withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or reversing or suspending any transaction after processing has begun.

g) Payment

Every payment on our Site is performed through  the use of PayPal service.

h) Promotion Codes and Coupons

Promotion codes and coupons are non-transferable and have no cash value. Promotion codes and coupons cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the expiry date, if provided.

h) Insurance and Delivery

The Fine Design at its discretion may insure certain expensive purchase (usually priced $200.00 and more) during the time it is in transit until it is delivered to your specified delivery address in an amount only up to the purchase price actually charged to you. We may require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or any individual at that delivery address) is evidence of delivery and fulfillment by The Fine Design, and transfer of responsibility in the same way.  The Fine Design shall not be liable for fraudulent signatures, acceptance by a party other than yourself or any other delivery issues.

Please note that we aim to dispatch all orders within 48 hours of receiving your payment. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, The Fine Design is not responsible for any delays caused by destination customs clearance processes or delays caused by third party costal/courier services.

i) Return Policy

All items other than wedding gowns available on The Fine Design are eligible for a return when shipped within the United States.  All wedding gown purchases are considered final sale. All international purchases are considered final sale.  If you wish to return an item, a Returns Merchandise Authorization (“RMA”) number should be requested via thefinedesign.com within 5 calendar days of receiving your order. To submit your return request, visit the Return section on the site (http://thefinedesign.com/return-policy ) to fill in the return request form. You will need to enter your name, order number, contact email, contact telephone number, shipping address, and reason for your return request. The Fine Design will review your request and get back to you within 48 hours with approval or denial of your request. A return request and RMA number need to be requested no later than 5 calendar days from delivery of your order. Requested returns that fall outside of the 5 calendar day return policy will not be accommodated and will be considered a final, non-returnable sale.   If a return request is approved and an RMA number are provided, Nearly Newlywed will send a prepaid USPS shipping label via email. Return label should be printed and affixed to the original packaging. Returns that are posted for shipment after the 48 hour deadline will not be accommodated and will be considered a final, non-returnable sale.  If item is received within the given time windows and is in the same condition that it was sent out in, a refund of the original purchase price of the item(s) will be returned to your original form of payment, less the nonrefundable ‘restocking fee’ in the amount of 30% of the original purchase price per item returned (as described on the Site.) The (30%) Restocking Fee is assessed at time of purchase and is non-refundable, covering the cost of inspection, storing, repacking, and other costs of The Fine Design incurred during the process. 

Items must be returned unused and with all The Fine Design tags still attached and with no signs of wear and tear and in original packaging.  All items returned must have a RMA number to allow easy identification and prompt processing. The Fine Design shall have no obligation to accept any item that is returned damaged, dirty or missing items, attachments or a RMA and in such instances, you will not be entitled to a refund.

 

j) Content

For the purposes of these T&C, "Content" is defined as any and all information, images, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, any other content contained on the Site and the composition of such content on the Site. The Fine Design tries to ensure that the information on this site is accurate and complete, however, The Fine Design does not represent or warrant that The Fine Design’s Content is accurate, error-free or reliable or that your use of The Fine Design’s Content will not infringe on rights of third parties. Your use of the Site is at your risk. The Fine Design does not warrant that the functional aspects of the Site or The Fine Design’s Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. If your use of the Site, or The Fine Design’s Content results in the need for servicing or replacing property, material, equipment or data, The Fine Design shall not responsible for those costs. The Fine Design inspects the Items for damage, wear and other defects and attempts to clearly identify such defects in the Item description, however, The Fine Design makes no warranty or representation as to the quality, condition or merchantability of the Items listed for sale on the Site.  Without limiting the foregoing, everything on the Site and purchased through the Site, including purchased Items, are provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. The Fine Design strives to authenticate all Items but does not warrant the authenticity of such Items nor is The Fine Design an authorized dealer of such Items.

The Fine Design and its suppliers make no warranties about The Fine Design Content, software text, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. The Fine Design reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that The Fine Design is not liable to you or any third party for any such withdrawal.

The Fine Design shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any user generated Content that is available via the Service, for violating the this Terms of Use Agreement or for any other reason.  The Fine Design (its officers, members, employees, agents and subsidiaries) shall not be liable under no circumstances in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

k) Submitted Content Right of Use

Submitting any Content material to The Fine Design, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.  Unless we indicate otherwise, you grant The Fine Design and our sub licensees the right to use the name that you submit in connection with such Content, if they choose.  You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate; that use of the Content you supply does not violate this Terms of Use Agreement and will not cause injury to any person or entity; and that you will indemnify The Fine Design (its officers, members, employees, agents and subsidiaries) for all claims resulting from Content you supply. 

l)  Third Party Content, Sites, and Services

The Fine Design website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties which are entirely independent of The Fine Design, including web sites, directories, servers, networks, systems, information  and databases, applications, software, programs, products or services, and other features.  You acknowledge that The Fine Design shall not be responsible for the availability of, or the content located on or through, any third-party site.  User interactions with individuals or entities found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such individuals or entities.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and The Fine Design shall not be responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.

m) Release

The Fine Design provides only the Service which allows sponsors and applicants of scientific research grants to connect.  The Fine Design is not involved in the actual transaction and agreement process between the sponsors and the applicants and between collaborating parties. In the event that a dispute erupts between Users, The Fine Design is under no obligation to become involved.  In the event that you have a dispute with one or more Users, The Fine Design (its officers, members, employees, agents and subsidiaries) shall be released from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes and/or the Service.

n) Fair Access

User can make up to three E-mail ad inquiries per day or ten E-mail ad inquiries per any seven day period. In order to keep prices low The Fine Design has limited resources for processing E-mail inquiries. 

3. ELECTRONIC COMMUNICATIONS

 

Users visiting The Fine Design website or sending E-mails to The Fine Design, are communicating with The Fine Design electronically.  All Users consent to receive communications from The Fine Design electronically.  The Fine Design will communicate with Users by E-mail or by posting notices on this Service.  Users agree that all agreements, notices, disclosures and other communications that The Fine Design provides to Users electronically shall satisfy any legal requirement that such communications be in writing.

 

4. DISCLAIMER OF WARRANTIES

 

The site is provided by The Fine Design on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, The Fine Design makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  To the fullest extent permitted by law, The Fine Design disclaims any warranties for other services or goods received through or advertised on The Fine Design site or the sites or service, or accessed through any links on The Fine Design site.  To the fullest extent permitted by law, The Fine Design disclaims any warranties for viruses or other harmful components in connection with The Fine Design site or the service.  The Fine Design shall have no liability for any interruptions in the use of this Website.  The Fine Design disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

5. LIMITATION OF LIABILITY

 

THE FINE DESIGN SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE FINE DESIGN SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, RESULTING FROM ANY ASPECT OF YOUR USE OF THE FINE DESIGN SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FINE DESIGN SITE OR THE SERVICE, FROM INABILITY TO USE THE FINE DESIGN SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FINE DESIGN SITE OR THE SERVICE, OR IN ANY WAY ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE FINE DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

6. INDEMNIFICATION

 

User agrees to indemnify and hold The Fine Design (its officers, members, employees, agents, subsidiaries and affiliates) harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other User of the Service engaging User’s computer, of any intellectual property or any other right of any person or entity.

 

7. NO AGENCY

 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

8. MODIFICATIONS AND INTERRUPTION TO SERVICE

 

The Fine Design reserves the right to modify or discontinue the Service with or without notice to the User. The Fine Design shall not be liable to User or any third party should The Fine Design exercise its right to modify or discontinue the Service.  User acknowledges and accepts that The Fine Design does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

9. GOVERNING JURISDICTION OF THE COURTS OF WASHINGTON STATE

Our website is operated and provided in the State of Washington.  As such, we are subject to the laws of the State of Washington, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington. 

 

10. COMPLIANCE WITH LAWS

User assumes all knowledge of applicable law and is responsible for compliance with any such laws.  User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

11. COPYRIGHT AND TRADEMARK INFORMATION

All content included or available on this site, including site design, interfaces, all files, postings, messages, text, images, photos, video, sounds, or other material, and the selection and arrangements thereof is ©2012 The Fine Design, with all rights reserved, or is the property of The Fine Design and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Fine Design is strictly prohibited.  Users agree that they will not employ any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Fine Design.

The Fine Design™ and thefinedesign.com™ are proprietary marks of The Fine Design.  The Fine Design’s trademarks may not be used in connection with any product or service that is not provided by The Fine Design, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Fine Design.

All other trademarks displayed on The Fine Design’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with The Fine Design.

 

12. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, thefinedesign.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail

Copyright Agent
The Fine Design
P.O.Box (number to be given soon)
Issaquah, WA98027

By Email: info[at]thefinedesign[dot]com       

 

13. BOTNETS

The Fine Design retains the right, at our sole discretion, to terminate access to the Service for any User involved with botnets (robots, spiders, other communication devices or manual process to monitor or copy The Fine Design web pages or the Content contained herein) and related activities, without prior expressed written permission from The Fine Design.  If any hostnames are used as command and control points for botnets, The Fine Design reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

14. OTHER TERMS

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by The Fine Design, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.  User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.