User Agreement and Terms of Service
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:
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.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
- 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
Users are and shall be wholly and exclusively responsible, at their own cost, for:
- 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;
- 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;
- complying with all laws, regulations and rules in the uses country or jurisdiction;
- complying with any recommendations or guidelines issued by DecoPlate with respect to the use of the Website and/or services and
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:
- reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
- 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;
- 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
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.
4. DecoPlate Obligations
4.1 Access to and use of the Website and Services
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
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.
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.
7.1 Users warranties
User represents and warrants to DecoPlate that, in its use of the Website and the Services provided, it:
- 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.
- 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;
- DecoPlate will not be required to make any payments or compensation to any person in connection with its use of such content; and
- 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
- 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
8. Exclusion and Limitation of Liability
8.1 Subject to law
(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
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
- any third party;
- actions of user that were not expressly authorized by DecoPlate;
- accident, misuse or abuse by anyone other than DecoPlate;
- 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
- products (including any hardware or software) or services not licensed or supplied by DecoPlate
- power surge or failure,
- events of force majeure or events outside DecoPlates actual control; or
any other condition not arising under normal operating conditions;
(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.
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
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;
(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.
9.2 Effect of termination
(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.
10.5 Governing Law and Jurisdiction
(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
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 email@example.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:
- Contact Customer Support to obtain an RMA (Return Merchandise Authorization) number. Please indicate if you want a replacement or a refund.
- 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