This is an agreement between you and Hookset Enterprises, LLC d/b/a DecoPlate.com, Deco- PlateServices or DecoPlate Wholesale (referred to hereinafter as ‘DecoPlate’) to enter and use its website and services.

Welcome to the DecoPlate website and services.

We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.

It is your obligation to keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1.0 DecoPlate.com and Deco-Plateservices.com have been designed to allow our users to:

• Order, create, design, and customize products that are listed for sale.
• Upload artwork for personalized products
• Buy products that are listed for sale
• Post your created images to social networks or blogs that you have the legal right to do so

Using our DecoPlate Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows:

2.1 ELIGIBILITY CHILDREN UNDER 18.

DecoPlate will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.

2.2 Definitions and Interpretation

In these Terms of Use, unless the context indicates a contrary intention:

• Intellectual Property Rights means all industrial, commercial and intellectual property rights
• A person means any form of legal entity as well as any quasi-legal entity.
• A User means any person using the website and/or services provided by DecoPlate.
• A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
• The word includes in any form is not a word of limitation.

3 User’s Obligations

3.1 Responsibilities

Users are and shall be wholly and exclusively responsible, at their own cost, for:

1. all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
2. the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
3. complying with all laws, regulations and rules in the uses country or jurisdiction;
4. complying with any recommendations or guidelines issued by DecoPlate with respect to the use of the Website and/or services and
5. ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

6. Any order placed on Deco-plateservices.com is considered a Purchase Order pursuant to the Illinois Procurement Code (30 ILCS 500) and is a legally binding contract that indicates the buyer’s intention to pay for the listed items at the specified price.

3.2 Restrictions on Users

Users shall not and has no right to either:

1. reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
2. use either the Website to supply any service to any person; or
   modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
3. access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:

• infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
  is libelous, defamatory or slanderous,
• condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
• contains explicit sexual content,
• does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
  is designed to or does harass, threaten, defame or abuse others,
• exploits images or the likeness of minors,
• encourages the use of drugs or the under-age use of alcohol or cigarettes, or
  is generally offensive or in bad taste;4. use “Spam”, “blast-faxes” or recorded telephone messages to market or sell any products or services,
  5. use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental effect on the Website and/or the DecoPlate Platform,
  6. take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
  7. use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
  8. collect electronic mail addresses or other information from our Website,
  9. impersonate another person or entity,
  10. engage in any activity that interferes with any person’s ability to use or access the Website and/or services, or
  11. assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
  12. frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else’s website, without specific agreement.
  

  USER ACKNOWLEDGES AND AGREES THAT DECOPLATE MAY, IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. DecoPlate Obligations

4.1 Access to and use of the Website and Services

Subject to user complying with and discharging each of its obligations under these Terms of Use, DecoPlate shall allow user to access and use the Website and the services .

4.2 Privacy

DecoPlate may collect personal data concerning the user in the course of and incidental to users use of the Website and services. DecoPlate shall comply with, and user hereby consents irrevocably and unconditionally to DecoPlates’ collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).

4.3 Training

User acknowledges that DecoPlate has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

4.4 Modification of the Website.

DecoPlate reserves the right to modify the organization, structure, content or “look and feel” of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. DecoPlate shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

4.5 Photographs of Finished Products.

DecoPlate reserves the right to photograph any finish product before delivery to our customers. Those photographs will be used exclusively by DecoPlate for use in our advertising and promotional activities. Photographs of finished products will not include photographs of any product(s) which contain photographic images of people or any image we perceive as private.

5. Intellectual Property Rights

5.1 Reservation of title

user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorization set out in clause 4.1. DecoPlate grants user a limited revocable license to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This license does not include the right to collect or use information contained on the Website for purposes prohibited by DecoPlate; to compete with DecoPlate; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this license or if it breaches these Terms of Use, DecoPlate may revoke the license and deny access to and use of the Website.

5.2 Prohibition on infringement

User acknowledges and agrees that DecoPlate does not permit, authorize or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material

Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorization granted under clause 4.1, User hereby grants to DecoPlate an irrevocable, perpetual, non-exclusive, world-wide license to do all acts and things (including to authorize other persons to do all acts and things) comprised within the said Intellectual Property Rights.

6. Registration

User Account, Password, and Security You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DecoPlate of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DecoPlate cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. Warranties

7.1 Users warranties

User represents and warrants to DecoPlate that, in its use of the Website and the Services provided, it:

1. will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
   will comply with all applicable laws, rules, and regulations.
2. User further represents and warrants to DecoPlate that:
   there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
3. DecoPlate will not be required to make any payments or compensation to any person in connection with its use of such content; and
4. such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

7.2 DecoPlate warranties

DecoPlate represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use

7.3 Caveats

DecoPlate provides the Website and Services on an “as is” and “as available” basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by DecoPlate that the functionality or operation of the Website and/or the services will:

• be uninterrupted or free of errors and inaccuracies;
• meet users’ requirements; or
• operate in the configuration or with the hardware or software used by user.

User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.

DecoPlate does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which DecoPlate is not liable.

DecoPlate does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

7.4 Exclusion of implied warranties

SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY DECOPLATE, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance

(a) User acknowledges that neither DecoPlate nor any person acting on DecoPlate behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of DecoPlate, except for representations or inducements expressly set out in these Terms of Use.

8. Exclusion and Limitation of Liability

8.1 Subject to law

Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:

(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of liability

Subject only to Clause 8.1, in no event shall DecoPlate be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:

(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

1. 1. any third party;
   2. actions of user that were not expressly authorized by DecoPlate;
   3. accident, misuse or abuse by anyone other than DecoPlate;
   4. alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than DecoPlate
   5. products (including any hardware or software) or services not licensed or supplied by DecoPlate
   6. power surge or failure,
   7. events of force majeure or events outside DecoPlates actual control; or
      any other condition not arising under normal operating conditions;

(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that DecoPlate has been advised of the possibility of any particular loss or damage.

8.3 Links

DecoPlate may, in its sole discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that DecoPlate is not responsible for the operation of or content located on any such website, and DecoPlate cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against DecoPlate for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of liability

Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, DecoPlate’ s sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

8.5 Indemnity

User shall indemnify and hereby releases unconditionally DecoPlate, without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to:

(a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use;
(b) any breach or alleged breach by it of these Terms of Use;
(c) the misuse or misappropriation of the said media or content; and
(d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.

9. Termination

9.1 Termination

(a) At any time and with or without cause, DecoPlate may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by DecoPlate. In no event shall any such termination or suspension by DecoPlate relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.2 Effect of termination

(a) On any expiry or termination of these Terms of Use, DecoPlate may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and DecoPlate shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defense which shall have accrued or shall thereafter accrue to either party.

10. General

10.1 Severability

If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:

(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not affect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation

DecoPlate may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user’s continued access and use of the Website and the Services on or after such effective time constitutes the user’s unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the DecoPlate services.

10.3 Waiver

A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment

DecoPlate may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

10.5 Governing Law and Jurisdiction

(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in the State of Illinois, United States of America (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of the State of Illinois, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.

11. Order Cancellations or Changes – Personalized Products

11.1 What can be cancelled 

Orders may be cancelled for no charge within 48 hours of our receipt of an order.

Exceptions are as follows:

• In the event that an order cancellation is received within the 48 hour Cancellation Period, we will take the following action:
  • If the order has already been manufactured (in whole or in part), we will charge you for the cost of the products already manufactured.

11.2 To Cancel an order 

To CANCEL an order, send an email to Customer-Service@deco-plate.com and provide the following information:

• DecoPlate order number
• In the email subject line, place the following text: “CANCEL ORDER (order number here)”

11.3 Order Changes

We will make every effort to change orders after they have been placed. Those changes may include:

• Increase in Line Item quantities using the same artwork
• Change the Recipient or Shipping Address
• Change the Shipping Carrier or Delivery Service

11.4 To Change and Order

To request a change to an order, send an email to Customer-Service@deco-plate.com and provide the following information:

• DecoPlate order number
• In the email subject line, place the following text: “CHANGE ORDER (order number here)”
• Specific requested changes to the order

If the order has not yet been staged for shipping or has not yet shipped, you will receive a return email from DecoPlate acknowledging receipt of the changes.

ORDER CANCELLATIONS OR CHANGES ARE NOT VALID UNTIL THEY HAVE BEEN CONFIRMED VIA EMAIL BY DECOPLATE.

12. Shipping & Returns

12.1  Shipments

All shipments are F.O.B. Wheeling, Illinois U.S.A.   Damaged or lost shipments are the responsibility of the purchaser once the products are in the possession and control of the carrier.

12.2 What can be returned

Stock (non-personalized) items may be returned for credit, exchange or refund. All returns must be in their original packaging. Items to be returned must be in new condition. If there is any noticeable wear, the item(s) simply cannot be returned.

12.3 What cannot be returned

The following items are not eligible for return under any circumstance:

• Personalized items personalized items cannot be accepted for return, unless there is a significant product defect.  We make every effort to ensure the quality of our products, but occasional minor flaws represent the hand-made nature of our products.
• Items purchased more than 7 days from the date of requested return.
• Items that are not in their original packaging.
• Items that are not in ‘like new’ condition (Items with noticeable wear cannot be returned).

Returns for exchange or credit: must be made within 7 days of receipt of purchase

12.4 To return a DecoPlate product

You must request an RMA (Return Merchandise Authorization) number before making a return. To obtain an RMA number simply email us at customer-service@deco-plate.com  and request an RMA number. Please include your Order Number, the date of your purchase, what you would like to return and why you want to return it. The RMA number, once received, must be written in a conspicuous place on the outside of the return parcel.

Shipping charges for products returned – All shipping charges for returning products to us must be paid by the returnee. We do not reimburse shipping charges.

12.5 Instructions for returning items: 

1. Contact Customer Support to obtain an RMA (Return Merchandise Authorization) number. Please indicate if you want a replacement or a refund.
2. Write the RMA number in a conspicuous place on the outside of the return parcel.

Send the package to:

DecoPlate – Returns
1120 Larkin Drive
Wheeling, Illinois 60090
United States