Introduction
The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and Doodlecorn (as defined below) that governs all use by you of the doodlecorn.com website (the “Site”) and the products available on or at the Site (taken together with the use of the Site, the “Products”).
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Shipping, Return Policy, Privacy Policy and others. Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to this Agreement, do not use the Site or any other Services.
Doodlecorn may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any product. You certify to Doodlecorn that you are at least 18 years of age. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and purchase of the Products. This Agreement is void where prohibited by law, and the right to access or use the Products is revoked in such jurisdictions.
Modifications
Doodlecorn reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Products, at any time. All such modifications will become effective immediately after Doodlecorn posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Products by you after Doodlecorn posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Products, and you must send Doodlecorn a written notification, including via email (and your Doodlecorn account will be deleted), to close your account within 30 days of notice.
Products
Doodlecorn is dedicated to making our Products the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Products are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR PRODUCTS, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS LISTED BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not guarantee that:
- the Products will be secure or available at any particular time or location – Doodlecorn shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Products
- any errors for which Doodlecorn is responsible will be corrected;
- the Doodlecorn will always be free of viruses or other harmful materials; or
- the results of using the Products will meet your expectations.
You use the Products solely at your own risk
Liability Limits
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER DOODLECORN NOR ANY OTHER DOODLECORN PARTY SHALL BE LIABLE TO YOU FOR ANY DIMINUTION IN VALUE OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE PRODUCTS OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES. THE LIABILITY OF THE DOODLECORN PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Limited Warranty
We warrant that, at the time of delivery of a Product, the Product will not be materially defective or damaged (the “Limited Warranty”).
Who May Use This Warranty? Doodlecorn extends the Limited Warranty only to customers. All Limited Warranty coverage terminates if the customer sells or otherwise transfers a Product.
What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Doodlecorn acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
How Do You Obtain Warranty Service? Promptly following delivery of a Product, you will inspect the Product. If a Product is materially defective (including any error by Doodlecorn in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy.
LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Payments & Fees
You may choose to save your billing information to use it for future orders and charges associated with Doodlecorn Products. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales). We may choose to temporarily change the fees for our Products for promotional events, and such changes are effective when we post the temporary promotional event on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Doodlecorn for damages resulting from such unauthorized use.
With regard to payment methods, you represent to Doodlecorn that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
We may refuse to process a transaction for any reason at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Doodlecorn at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Doodlecorn may use or participate in.
Shipping
Once you have confirmed your order, it might not be possible to edit or cancel it. Please allow 7-10 business days for order processing and verification. We cannot and will not change or intercept a package to alter the delivery. We will only ship to address provided at checkout.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Doodlecorn will not make any refunds and will not resend the Product.
If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of the lost Product in compliance with Doodlecorn’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to Doodlecorn investigation and sole discretion.
Description of Products
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. Obviously we won’t knowingly ship damaged items to you, but these damaged items can still be used for charitable purposes.
Purchase of Products
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Doodlecorn will not be responsible for missed delivery because of a wrong or misspelled recipient name, delivery address or an inappropriate phone number.
Delivery
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
Release
To the fullest extent permitted by law you release us and all other Doodlecorn Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any Doodlecorn Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Doodlecorn (or for which Doodlecorn provides no guarantees) under this Agreement, or (b) for which Doodlecorn is otherwise indemnified or released by you under this Agreement.
Indemnity
To the fullest extent permitted by law you will defend, indemnify, and hold Doodlecorn and the other Doodlecorn Parties harmless from any claim or demand made by you or any third party, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Doodlecorn Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Products, or (c) your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Governing Law
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of Washington, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located.
Arbitration & Jury Trial Waiver
“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless Doodlecorn and you agree otherwise, any arbitration hearings will take place in Seattle, Washington. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and Doodlecorn acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and Doodlecorn agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DOODLECORN KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND DOODLECORN WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 17. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND DOODLECORN KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and Doodlecorn shall each bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
Privacy & Data Processing
Doodlecorn collects your personal data to provide our Products. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing Site visitor and User personal information. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy.
Copyright
All content of our website including text, graphics, logos, button icons, images, and software, is property of Doodlecorn. and is protected by United States and international copyright laws. You may electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes related to placing an order or shopping with Doodlecorn. Any other use of our web site, including reproduction and internet links, is strictly prohibited without our prior written permission.
Secure Processing
Doodlecorn uses secure processing called SSL Encryption Technology, which is the industry standard. SSL (Secure Sockets Layer) is a protocol developed for the transmission of private information over the internet. SSL uses a private key to encrypt your data, including your credit card information, so that it cannot be read while being transferred over the internet.
Personal Use Only
You may purchase products only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation.
General
Doodlecorn will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Doodlecorn’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Doodlecorn reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
If you have any questions about this Agreement, please contact us.