THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Dutch By Design is an online platform that helps connect customers who wish to purchase online interior design services and interior design by submitting information about their design projects including photos, and answers to questions (“Customers”) and the designer who provides the services (“Designer”) consultation, proposals, and providing online interior design services including shopping list with links, paint color palettes & trim, style boards, tips and tricks, lighting plan, floor plan, and 3-D rendering plan.
“User” means any user of the Site or Service, from the Designer, Customer, or visitor of the website. To the extent you are a Customer, the provisions in this Agreement regarding Customers will be applied to you. To the extent you are a User, the provisions in this Agreement regarding Users apply to you
“User Content” means any and all information and content that a User submits to, or uses with, the Site or Services. User Content includes Decor Consultations and Design-Make Over Packages.
You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate our policies. You are alone responsible for your User Content. Dutch By Design is not obligated to remove any E-Design Projects, Decor Consultations, Portfolio Contents, Design Packages, Instant Library Design or Testimonials from the Dutch By Design Site unless required by applicable Law.
Dutch By Design is also not obligated to backup any User Content and it may be deleted at any time. You are solely responsible for creating backup copies of your User Content.
You hereby grant, and you represent and warrant that you grant, to Dutch By Design an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Services and promotions; provided that Dutch By Design will only use your content to run applicable projects and promotions. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes. You agree to hold Dutch By Design harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
In order to use the Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Dutch By Design will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Materials You Submit to the Website
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties
Refund and Cancellation
Dutch By Design may refund Buying Customer if the Customer placed a duplicate order (or request) in error. Dutch By Design cannot guarantee color accuracy as colors and textures may look different on each Customer’s and Designer’s monitors. Customers are responsible for verifying item sizes before ordering shopping list items as sizes may appear different in renderings. Customers are solely responsible for checking and verifying all Designer Recommendations before ordering shopping list items and/or implementing the recommendations from the Designer.
Should a client make a payment with a credit card and after they have received our intellectual property and/ or deliverables via email, phone, or download choose to dispute such charges through their credit card company; we will issue an invoice at an hourly rate of $100 dollars, plus any other expenses, deliverables already shared, legal fees, etc.
We reserve the right to issue an invoice for all fees in question and at this point, all discounts are null and void. The invoice will be issued to the client and if not paid within 5 days of the date received, we will then pursue a claim through small claims court or through our legal counsel file a court complaint, or collections agency. We feel that if the situation reaches this point is no longer about the money it becomes a matter of principle.
Should Dutch BY DESIGN be forced to engage legal Counsel and or file a small claim to obtain payment, payment dispute, and or refusal of payment the client will then be responsible for all credit cards, bank fees, time billable, and legal, and/or filing fees.
Should a client choose to dispute a charge or feel that they have not received the services they hired us for, and after Dutch By Design has done all that is reasonable within the agreement and scope of work- the client agrees at the time of purchase that they will choose mediation over litigation at all times.
Custom Designs. The Designer always offers you a custom product for a residential or commercial interior design project. As we place the custom order, you cannot modify, cancel or replace the item after the placement of the final sales order. Thus, you have to make sure that you have ordered the right service/ item for your home/business interior design.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Payment and Delivery.
Upon a Sale, the Buying Customer will pay the Customer Payment, the Designer will upload a draft version of the Buying Customers order. Once approved, the Designer will upload the Sold E-Design Package will deliver the Sold E-Design Package to the Buying Customer via email. The “Customer Payment” is the price that the Designer set, this does not include Taxes.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
No Price Guarantee
Vendor pricing is subject to change and out of the control of Dutch By Design. Dutch By Design cannot guarantee prices of merchandise, interior installation, or other services not performed by Dutch By Design
Breach of Contract
In the event of a breach of this agreement, the prevailing party shall be entitled to legal fees, collection costs, and litigation costs through appeal.
WE ARE NOT RESPONSIBLE FOR THE SELLERS FROM THE PRODUCTS LISTED IN THE SHOPPING LISTS. PURCHASE AT YOUR OWN RISK. DUTCH BY DESIGN IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES THAT HAVE INCURRED BETWEEN THE INTERACTION OF THE SELLERS/ SHOPS FROM THE SHOPPING LIST OR FROM THE AFFILIATION STORE LISTS.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to any interactions or transactions with, or act or omission of the Designer and Third-Party Shops/ Sellers.
Copyright and IPR
You also agree that Designer may use their design ideas, including but not limited to their Design Proposals and E-Design Packages in more than one place. Customers do not own the Intellectual Property Rights that the Designer produces. Instead, the customer is only purchasing the service.
Each Designer owns its User Content. Excluding your User Content, you acknowledge that all the IPR in the Site and Services are owned by Dutch By Design. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such IPR. Dutch By Design and its reserve all rights not granted in this Agreement.