Terms of Sale Agreement

Effective Date: January 1, 2014

This Terms of Sale Agreement (“Sales Agreement or “SA”) constitutes a binding legal contract between you and iDesign Street (“iDesign Street”), the owner and operator of the iDesignStreet.com website (the “Website”). By ordering any product or service via the Website, you signify your acceptance of this Sales Agreement, as it may be amended or supplemented from time to time. Changes to this Sales Agreement will be effective when posted. You may be notified of any changes via email, newsletter, or other electronic messaging system. This Sales Agreement supplements the Website Terms of Use Agreement, which is hereby incorporated by reference in this SA. iDesign Street takes the issue of privacy on the Internet very seriously, please read the iDesign Privacy Policy Page.

Table of Contents

  1. Orders; Sales Tax
  2. Product Descriptions; No Refunds or Exchanges
  3. Display
  4. Payments and Disputed Payments
  5. Pricing; Shipping Pricing Errors Other Errors
  6. Safe Shopping & Security
  7. Gift Card Shipping Policy
  8. Order Status
  9. Indemnification
  10. Disclaimer of Warranties
  11. Waiver and Limitation of Liability
  12. Governing Law and Venue

1. Orders; Sales Tax

1.1 Orders. You may place your order on our Website at any time, subject to any planned or unplanned downtime.

1.2 Sales Tax. iDesign Street is a mail-order business, and as such any and all sales taxes are the responsibility of the purchaser. Should iDesign Street have a physical business building in a state that renders sales in that state subject to a sales tax, purchasers of iDesign Street products will be charged applicable sales taxes when merchandise is purchased from iDesign Street.

1.3 Gift Card Sales Tax. With respect to sales taxes, no taxes are due in relation to gift cards purchased through the Website. The gift card holder will be charged applicable sales taxes when merchandise is purchased from iDesign Street and the gift card is used as tender. If other items are purchased from the Website that are subject to sales tax, iDesign Street will make customers aware of the tax amount due at the point of purchase.

2. Product Description; No Refunds or Exchanges

2.1 Product Description. We attempt to describe the items offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Website are accurate, complete, reliable, current, or error-free.

2.2 No Refunds or Exchanges. iDesign Street wants our customers to be happy with their purchase and we will work with the customers to resolve any problems. However, because iDesign Street sells products that are created-on-demand for each sale, all sales made through the Website are final unless there is a defect in the product itself or there is a quality control issue with the design/content on the product. As a rule, no refunds or exchanges for items purchased through this Website will be made unless there is a defect in the product itself or there is a quality control issue with the design/content on the product.

3. Display

We have made every effort to display the items featured on this Website as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular display device, will greatly affect the colors actually seen on the screen. The Website cannot be responsible for the limitations of your device’s display of any color or detail. For optimal viewing, we recommend setting your device’s display to 1024 x 768 pixels.

4. Payments and Disputed Payments

iDesign Street does not accept checks, drafts, or money orders for orders submitted through the Website. We accept major credit cards. You will bear all costs associated with a disputed credit card charge which results in action from iDesign Street’s merchant account provider, otherwise known as “chargebacks.”

5. Pricing; Shipping; Pricing and Other Errors

5.1 Pricing. Prices offered on the Website are quoted in U.S. Dollars. Such prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total invoice price.

5.2 Shipping and Taxes. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order.

5.3 Pricing and Other Errors. If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.

6. Safe Shopping & Security

Please refer to the iDesign Street Privacy Policy which describes our security procedures. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges on your credit card. If your bank does hold you liable for up to $50 for purchases made fraudulently at the Website, iDesign Street may reimburse you the full amount charged by your bank, but only if the unauthorized use of your credit card resulted through no fault of your own for purchases made at the Website. Check with your bank for more information about its policies regarding fraudulent charges. In the event of unauthorized use of your credit card, you may have to notify your bank or credit card provider or otherwise fulfill certain conditions of your agreement with them.

7. Gift Card Shipping Policy

7.1 Orders. All gift card orders will be sent via the U.S. Postal Service free of charge with the exception of shipments to Canada which will be charged $6.95 for shipping. Express shipping is available for standard orders for $6.95.

7.2 Gift Card Terms and Conditions. The iDesign Street Gift Card may be used at iDesign Street for merchandise. It may not be used to purchase gift cards or debit cards. Purchases will be deducted from this card until the balance reaches zero. Unused value on the card may be redeemed or refunded for cash only as required by applicable law.

7.3 Lost or Stolen. Lost or stolen cards will not be replaced.

7.4 Conditions. iDesign Street employees, Representatives, Affiliates, or Storekeepers may not change the terms of this card. For balance inquiry visit iDesignStreet.com. The iDesign Street Gift Cards are issued by iDesign Street. This card does not have an expiration date. There are no maintenance fees. Any term or condition of this card is void where prohibited by law. Protect this card and treat it as cash.

8. Order Status

Once you place an order, iDesign Street will send you an email within one business day and provide you with an order confirmation number. When your order is shipped, iDesign Street will send you a shipment confirmation email with the shipping carrier tracking number, if applicable. In addition, you can review the status of these order numbers by logging into iDesign Street.com, selecting “Manage Your Account” and viewing your order history online. If a carrier tracking number is available, you can click on the carrier tracking number to view the detailed delivery status of your order. By placing an order with iDesign Street, you consent to receive email from iDesign Street regarding your order.

9. Indemnification

9.1 Inclusions. You are subject to all the indemnifications as found and defined in Section 12 of the WTUA, which is hereby incorporated by reference in this Sales Agreement.

9.2 Sales. You agree to defend, indemnify and hold completely harmless iDesign Street from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of any items purchased via the Website.

10. Disclaimer of Warranties

10.1 Inclusions. You are subject to all the conditions and disclaimer of warranties as found and defined in Section 13 of the WTUA, which is hereby incorporated by reference in this Sales Agreement.

10.2 Sales Disclaimer. You hereby waive all other remedies, warranties, guarantees, or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of iDesign Street. You acknowledge by your use of iDesign Street’s products that your use of the products and any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with iDesign Street’s products. iDesign Street expressly disclaims all other warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, quality, performance, fitness for a particular purpose, and non-infringement. Some states do not allow limitations on implied warranties so these limitations may not apply to you. The warranties set forth herein give you specific legal rights and you may have other rights, which vary from state to state. If an item has been purchased for consumer use as defined by 15 U.S.C. § 2301, any implied warranty or warranties shall expire on expiration of any express warranty.

11. Waiver and Limitation of Liability

11.1 Inclusions. You are subject to all the limitations of liability as found and defined in Section 14 of the WTUA, which is hereby incorporated by reference in this Sales Agreement.

11.2 Sales Waiver and Limitations. iDesign Street has priced its products upon the understanding, and you hereby acknowledge the understanding, that iDesign Street will not be responsible or liable for any form of consequential, incidental, statutory, punitive, exemplary, or indirect damages of whatever kind or type arising from any type of commercial, business, environmental, tort, warranty, contract, strict liability, or other causes arising directly or indirectly from or in connection with any product and/or its use, except consequential damages for any injury to a person in the case of products purchased for consumer use as defined by 15 U.S.C. § 2301. Follow all instructions and heed all warnings accompanying any products associated with the Website. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. You agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against iDesign Street arising out of your purchase or use of products ordered via the Website.

12. Governing Law and Venue

You are subject to the Governing Law and Venue as found and defined in Section 18 of the WTUA, which is hereby incorporated by reference in this Sales Agreement.