1 Ordering Products
1.1 We, Style Card LLC ("we" or "us" or "our"), will supply to you, the person named in the order form you completed on this website, www.MyStyleCard.com© (the 'Order'), the personalized product made to your individual specification (the 'Product') at the address shown in your "Account."
1.2 We intend to supply you with your Product once you have ordered the Product.
1.3 You order through this website by completing the ordering process and checkout. It is your responsibility to determine that all the information, including personalized design for your Product set out in the Order, is to your satisfaction.
1.4 You acknowledge that by completing and submitting your Order to us, you have reviewed the information provided, understand the rights and respective limitations, and you wish to make an offer to purchase the Product on the terms and conditions set out in this Agreement.
1.5 You warrant and undertake to us that any intellectual rights incorporated in the information and design for your Product does not infringe any intellectual property, copyright, trademark or other rights of any third party and we have the right to use the information and design that you have given to us for the purpose of this Agreement. You will indemnify us in respect of any claim relating thereto (including all reasonable legal expenses).
1.6 Upon acceptance of order, no changes can occur and no refunds will be made
2 Description of the Product
2.1 The main characteristics of the Product are described on this website as notified to you during the interactive design stage of your Product prior to submitting the Order. Your submitted Order indicates that you have reviewed and satisfied yourself in respect of the main characteristics of the Product including the design and lay-out and the correct spelling of any names and words, and correct details of any postal address, telephone, fax, and/or e-mail details.
2.2 We are offering this personalized service which allows you to specify, design, and proof the Product on-screen prior to printing. You acknowledge that after you had the opportunity to review and proof the Product by submitting the Order you are committing irrevocably to the printing and ordering of your Product.
2.3 All accepted orders are binding and no returns will be accepted unless a fault or negligence can be proven.
2.4 Every effort will be made to obtain the best quality and match on customer's work but due to the nature of the involved processes, we shall not be required to guarantee an exact match to color between the customer's photograph, transparency, proof, printed sample, monitor or display
3 Price
3.1 The price payable for the Product, including additional shipping charges, if any, will be made known to you prior to your completing your Order.
4 Payment Terms
4.1 You must pay us the Price for the Product by using a credit card or alternative method available through the website. The Price will be debited to your credit card by with immediate effect.
5 Delivery
5.1 Subject to acceptance of your Order, we aim to ship the Product to you as soon as processed within 10 working days.
5.2 Delivery of the Product will be made to the address given for delivery on your Order.
5.3 We will not be responsible for loss of Product or lateness of delivery of Product due to unforeseen delays in delivery service, postal strikes, breakdown of equipment or bad weather.
5.3 We will not be responsible for any loss of trade or profit occurring to you as a result of delay in delivery or delivery of an incorrect or faulty Product.
5.4 Risk in the Product passes to you on delivery of the Product to you.
6 Acceptance of Product
6.1 If you have cause for complaint, please contact us via email immediately at CustomerService@MyStyleCard.com. We will attempt to resolve the dispute within 5 working days and to keep you informed of progress if the dispute remains unresolved.
6.2 We are not responsible for any text, spelling, grammar or composition errors you may have made. Please ensure all submitted text is proof read carefully before final ordering.
6.3 We are not responsible for imperfect work caused by unsuitable materials or inferior quality files supplied or uploaded by the customer.
7 Use of your Personal Data
7.1 You expressly consent that we may use the personal data you have given to us in the Order solely for the purpose of this Agreement, for making services available to you, for marketing our Product and services to you, and to disclose to other third parties, such as our suppliers, for marketing purposes. You may opt out of receiving such future marketing mailings, and you may choose not to have your name disclosed to third parties for this purpose. If you choose to do this, you can do so by sending an e-mail to CustomerService@MyStyleCard.com requesting this.
7.2 Our obligations under this Agreement include, but are not limited to, the disclosure of your personal data to the companies and organizations engaged to supply and deliver the Product to you including, without limitation, printers of the Products, delivery services such as the U.S. Postal Service, other relevant postal authorities, any other person and/or organization engaged by us to fulfill your Order and all other relevant authorities who are entitled to or to whom we owe a legal obligation to disclose your personal data.
7.3 You acknowledge that after having been advised of the purposes and circumstances under which your personal data may be used, processed, and disclosed to other parties as detailed in these terms and conditions and on the website, you explicitly consent to the disclosure and the transfer of your sensitive personal data to the printers of the Product, relevant postal authorities, other relevant authorities, and direct marketers of Product and services which may be of interest to you.
8 Remedies and Liabilities
8.1 Consumer
(a) Nothing in this Agreement will affect your legal rights as a consumer.
(b) Our total liability to you (whether in contract, tort, including negligence or otherwise) will not at any time exceed in aggregate either the sum of $49 or an amount equal to the price paid by you and the costs of returning the product to us.
(c) This Clause 8.1 survives termination of this Agreement for any reason.
8.2 Business
(a) Nothing in this Agreement will affect your legal rights as a business.
(b) In all cases not described in Clauses 8.2(b) our total liability to you (whether in contract, tort, including negligence or otherwise) will not at any time exceed in aggregate either the sum of $59 or an amount equal to the price paid by you and the costs of returning the product to us.
(c) This Clause 8.2 survives termination of this Agreement for any reason.
9 Events beyond our control
9.1 We are not responsible for any delay or failure in carrying out our duties under this Agreement if the delay or failure is caused by circumstances beyond our reasonable control. These circumstances include: Act of God; legislation; war; terrorism; civil commotion; riot; flood; drought; fire; equipment breakdown; failure of power of supply; lock-out; the postal service; and strike. You must allow us reasonable time to carry out our duties in these circumstances.
10 Notices
10.1 Any documents which you or we must give shall be sent by electronic mail. If to us, please use the following address: CustomerService@MyStyleCard.com. If notice is to be sent to you, it will be sent to the e-mail address notified to us in your Order.
11 Entire Agreement
11.1 This Agreement constitutes the entire agreement between you and us. The terms of any other electronic message, order, or any other communications you may have sent to us not forming part of your Order will not apply.
12 Severability
12.1 If a court decides that any part of this Agreement is not valid or cannot be enforced or that part will not apply, all other parts of this Agreement will continue to apply.
13 Changing the Contract
13.1 If we decide not to enforce a right under this Agreement, this does not prevent us from enforcing that right in the future.
13.2 This Agreement cannot be altered by you or us except in writing on hard copy paper signed by you and us.
14 Governing Law
14.1 This agreement will be governed by Connecticut law and will be subject to the non-exclusive jurisdiction of the Connecticut courts.
15 Copyright
15.1 StyleCard® website contents and design are the property of Style Card, LLC. Reproduction of content without our written permission is only allowed to the extent it is the result of the proper use of the online design tool software (i.e. the "Print" function), or capture of customer-related order information. Users do not receive any rights to the site content.
15.2 Stylecard® developed software is the property of Style Card LLC. The unwarranted use of this software without prior permission, in writing, will result in the maximum punishment under the law.
15.3 Graphics made available to the user by MyStyleCard .com© are the exclusive property of Style Card, LLC.
16 TRADEMARKS
StyleCard® and MyStyleCard .com© are trademarks and servicemarks of Style Card, LLC, a Connecticut company, and may not be used without the express written permission of Style Card, LLC
17 Illegal Matter
17.1 MyStyleCard.com© shall not be required to print or supply any matter which, in our opinion, is or may be of an illegal or libelous nature or any infringement of the copyright of any third party.
17.2 We shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
SECURITY STATEMENT
Our operating systems and servers can only be accessed by our authorized employees and accredited agents utilizing password protection. All credit card and debit card details are handled directly through Authorize.net on an encrypted server. MyStyleCard.com© and its employees never have sight of credit card details.
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