Terms of Service

OVERVIEW
This website is operated by Creations By LaMagg. Throughout the site, the terms “we”, “us” and “our” refer to Creations By LaMagg. Creations By LaMagg offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use and access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - DEFINITIONS
This Contract is the entirety of the Agreement. "You" and "Your", in addition to the their standard dictionary definitions, refer to the individual using the Creationsbylamagg.com website (hereinafter the "Site" or the "Website"), in any of its parts or functionalities. "Us" and "we" is defined as Creationsbylamagg.com, Creations By LaMagg, its owners, officers, employees, agents, successors, manufacturers, artists, contractors and assigns in whole or in part. "Use" and "using" as occurring herein have, in addition to their standard dictionary definitions, the following meaning: intentional or unintentional appearance of the Website on your browser; a single click of the mouse by you on any page, section or photograph; your browsing the Site in whole or in part; and/or you making a purchase or purchases from the Site including ownership in any locale of our product at any time whether or not under your direct control or supervision; and including the purchase of product gifted to a third party by you or resulting from your purchase. "Use" and "using" are further defined as: any magnitude of interaction, miniscule or great in quantity or frequency of action, by any cause intentional or unintentional, with the Website's products in image or physical form, with the Website itself in whole and/or with any of its component parts, and/or with the Website's functionality in whole or in part.

SECTION 3 - AGREEMENT BETWEEN PARTIES

If you use our website, you agree to the foregoing definitions, and affirm this Agreement as binding between you and us. If you do not agree, our website is not for your use. “Use” constitutes agreement with our terms of use and sale.

SECTION 4 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 5 - SHIPPING POLICY
In order to offer the lowest possible shipping and handling rates to all of our customers, the cost to ship each item is shown within the text for that item. We feel that it's unfair to generalize the shipping price, hiding these expenses for extra profit within a scale if you happen to order a single or multiple items for express air shipments. Our air shipment rates, where available, are offered on a per item basis at your convenience. All products are shipped by either USPS, UPS, or FedEx services. We pay for the insurance, and we offer you tracking and shipment information on your purchase. If your order requires a 1 week or less turnaround, we will charge an additional $50 rush fee to complete the order on short notice. Any expedited order requests will be considered on an individual basis.

SECTION 6 - SALES TAX
As required by law, a Michigan sales tax is automatically applied to your order total.

SECTION 7 - GUARANTEE AND RETURN POLICY
Every item we sell is guaranteed to be 100% free from defects of material and workmanship. While we've never had an item returned for reasons of defect, were we to have a first time, we would replace at our sole discretion the item or piece(s) at our expense swiftly. If you receive an item from us that you believe has some defect, please report it immediately by email, and obtain a Return Authorization number. We do not accept returns of consumable, personalized, or sample items. However, an authorized return requires that all original packaging be maintained and shipped back to us under the specific additional direction of one of our Customer Service Advocates within 30 days of placing your order; please note, a restocking fee may apply.

SECTION 8 - CHANGES AND CANCELLATION
Due to the highly personal and special-order nature of all our products, once you’ve placed your order, reviewed and approved the design(s), and we have begun working on your order, your order cannot be altered, changed or cancelled. Please make sure you have the exact spellings, wording and addresses you want us to work with prior to placing and approving your order.

SECTION 9 - MOCK UPS
When a mock-up is sent, this is your chance to verify everything - from spelling to designs, characters and etc. If you would like anything changed or added, this is when you need to say it. I am a one-person business, and I may make mistakes. I apologize for any mistakes in advance, but I appreciate you for catching what I may have missed. If an error is noticed after approval and printing has started, a reprint fee of $25 will occur, because more materials will have to be used to fix the mistake. If you happen to want to make changes more than 2 times during the mockup/approval phase, please be aware that a design fee of $20 will occur. I understand that having customized items means that you want it exactly how you envision, but please be mindful that it takes time and resources for me to continue to design and customize your item. By checking out, you are agreeing to and accepting these terms and conditions.

SECTION 10 - DAMAGED GOODS
We design our packaging to exceed all standards. Statistically speaking, we and our customers are never bothered with damage problems. All of our items have custom wrapping or whatever it takes for us to be sure your items will arrive safely. Once your order gets in the hands of the postal carrier, we are no longer responsible if something is damaged in transit. The courier may be the deciding factor in terms of replacement.

SECTION 11 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 12 - PRIVACY POLICY
Most companies use phrases like, "we share your information with other reputable companies only." Our privacy policy is simple: we electronically record what you tell us in order to fill your order, in order to improve our product offerings and Website, and in order to mail new product information or special offers to you. We do not and will not share any information of any kind with anyone else unless so ordered by a Court of Law, (has never happened). As technology and the law change, we may have to insert more legalese here or change this policy. If that's the case, without notice, the new wording will appear on this Web page. Please visit our privacy policy page for more information.

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy here.

SECTION 16 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY
We make no representations or warranties of any kind, whether express, implied or inferred, with respect to this Website, its content, or the information, graphics, photography or products available on or through it. While we make every effort possible to publish accurate data and to provide safe products, all information is presented "as is", with any and all faults; and all merchandise is presented and delivered "as is" with no warranty as to any particular use or purpose. And, Creations By LaMagg, and all artists represented, their owners, officers, employees, agents, successors, manufacturers, artists, contractors and assigns, will not be liable for any damages whatsoever arising out of or related to the use of this Website or the products presented at any time on this Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer of any kind, as well as damages for lost profits, business or life interruption, even if we are notified in advance of the potential for any such damages. In using this Website, you agree to indemnify Creations By LaMagg, its owners, officers, employees, agents, successors, manufacturers, artists, contractors and assigns against any and all cause(s) brought to bear arising out of or related to in any way the use of this Website and/or to its products presented in the past, currently or in the future, including but not limited to: information; photography; product possession, use, handling, or misuse; swallowing; lacerating; dropping, breaking, shattering or exploding; falling off and/or onto; laying, placing or positioning product on top of or coming into contact with any surface causing damage of any kind; direct or indirect consequences for plugging an electrical cord into an outlet; damage to persons, property or livelihood of any kind as a direct or indirect consequence of use of this Website and/or its products regardless of when or the manner in which visual or text information is or was presented on the Website.

SECTION 18 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 19 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 20 - APPLICABLE LAW AND INDEMNIFICATION
By using this Website, you agree that the laws of the State of Michigan, without regard to principles of conflict of laws will govern this Agreement and any dispute of any sort including but not limited to Website use and/or product use or manipulation or application of any kind that might arise between you and this Website, Creations By LaMagg and all artists represented, their (collectively and individually) owners, officers, employees, agents, successors, manufacturers, artists, contractors and/or assigns. You agree that any dispute relating in any way to your use intentional or otherwise of our Website, its parts and functionalities and/or of products shown on our website without regard to when or how they were presented or acquired shall be submitted to confidential arbitration in Pontiac, Michigan. Under any action brought against us in whole or in part you agree to appear personally, and you re-affirm your voluntary indemnification of us in any proceeding progressing from your use of our Website and/or products including the willful or unintentional presentation of products, and/or gifting of any of our products to any third party by yourself or another--whether to minor or adult--whether within your immediate control or not, then or now. Further, if your appearance does not occur for any reason whatsoever, you agree to be liable for and indemnify us wholly against any and all outcomes of any arbitration, including any class action or other cause brought against us that may be filed under any jurisdiction whatsoever related in any way to your use, possession of or gifting of our Website and/or products.

SECTION 21 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. You further agree that we may pursue enforcement of this Agreement at our sole discretion in any jurisdiction or venue of our choice, including but not limited to arbitration or the State of Michigan.

SECTION 22 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 23 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Michigan.

SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@creationsbylamagg.com.