3. Product Sales
(a) Order Placement and Confirmation: By placing an order using DecorateONE’s site and service, the customer makes a binding offer for a contract of sale or, as applicable, a contract for work and materials with DecorateONE (no contract exists between the customer and any relevant shop owner). DecorateONE acknowledges the order with an order confirmation via email, which does not constitute an acceptance but confirms receipt. The offer is accepted only upon DecorateONE’s confirmation of production completion in a subsequent email. DecorateONE cannot guarantee the ongoing availability of any products or designs on its site.
(b) Information Accuracy and Order Rejection: Information in brochures, catalogues, and other materials is informative, and DecorateONE does not guarantee its accuracy. In case of inconsistency with the order confirmation email. DecorateONE reserves the right to reject orders for any reason or no reason, with notification to the customer.
(c) Order Completion and Defects: DecorateONE’s performance of an order concludes upon the shipment provider’s delivery to the customer’s address, as per the shipment provider’s records. In case of delivery interruption, if replacement is not feasible within a reasonable time, DecorateONE notifies the customer. Product defects or dissatisfaction are subject to DecorateONE’s return policy, which may change at DecorateONE’s discretion.
(d) Proof Approval: If, for any reason, you are dissatisfied with the proof, and we are unable to address your concerns to your satisfaction, we will cancel your order, charging only the digitization fee of $50. Customer satisfaction remains our priority.
(e) Cancel or Modify Order: If you find it necessary to make changes after placing an order, please contact us promptly. While modifications are typically not feasible due to real-time production, we will make every effort to accommodate adjustments before entering the production phase. Once production begins, we regret to inform you that alterations, cancellations, returns, or refunds are not possible due to the customized nature of logo-embroidered apparel. Returns are exclusively accepted for defective apparel or decoration, and sizing issues are not eligible for returns. However, we are committed to providing assistance within reasonable limits. Changing an order within the specified time frame may incur a $50 change fee. In the rare case of order cancellation due to exceptional circumstances, a 25% processing fee will be applied, and the remaining balance will be refunded.
(f) Returns: Due to the customized nature of logo-embroidered apparel, returns are accepted only for valid defective apparel or decoration. Unfortunately, returns for sizing issues cannot be accommodated. However, we are dedicated to making reasonable efforts to assist you with any sizing concerns.

4. Delivery & Shipment
(a) Shipment Timing and Provider: DecorateONE warrants shipping orders 12-15 days or less after placement. While goods are typically shipped quicker, delivery times may extend to two to four days, or delayed for certain circumstances. Specific delivery times may be agreed upon separately, when selecting Premium and V.I.P. processing times.
(b) Shipping Costs: DecorateONE employs a shipment service provider of its choice. Customers are responsible for standard shipping costs, displayed at checkout and contingent on order value and shipping destinations.
(c) Lost or Stolen: Given the customized nature of our products, we do not replace or refund items shipped via third-party carriers like UPS, FedEx, or USPS. Any issues related to lost or stolen items must be addressed directly with the chosen carrier, and you must contact them to initiate a claim.
(d) Late Orders: While we aim to ship orders within 20 days or less, shipping times depend on the chosen service during checkout. However, this is on a best effort basis, and we do not guarantee any shipments to be delivered on time using a third-party carrier.

5. Prices
(a) Pricing Changes: Prices on DecorateONE’s site are final and may change periodically. Shipping and handling costs are billed separately at checkout or on invoices, if applicable. Shipping address and order amount may impact certain costs, and sales taxes may apply to some orders.
(b) International Orders: For customers outside the United States, product prices are net of local taxes and fees unless otherwise indicated. Customers are solely responsible for paying applicable sales taxes, import duties, and other fees in their recipient country. Orders shipped outside the United States are treated as customized orders.
(c) Payment Terms: Customers must promptly pay the purchase price, decorating, digitizing, sales taxes, and shipping and handling charges upon order placement in full before production.

6. Payment
(a) Payment Methods: Customers may opt for payment by direct debit, credit card, PayPal, or other methods. DecorateONE reserves the right to limit payment methods based on objective criteria.
(b) Insufficient Payment: If a customer’s selected payment method or provided information impedes DecorateONE from receiving payment, DecorateONE may add charges to the order to cover associated processing costs.
(c) Third-Party Payment Processing: DecorateONE may engage third parties to process payments.
(d) Unpaid Orders: In the event of non-payment, DecorateONE may assign claims to a debt collection agency and provide necessary personal data for collection purposes.

7. Title to Products
Until DecorateONE receives full payment and ships the order, title to goods remains with DecorateONE. Upon transfer to the carrier, title and risk of loss pass to the customer. Customers should handle products carefully until ownership transfer is complete (e.g., in case of product return).

8. Disclaimers
(a) Site and Service “As Is”: DecorateONE provides the site and service on an “as is” and “as available” basis, without guaranteeing uninterrupted, timely, secure, or error-free operation. DecorateONE disclaims all express or implied warranties, except as otherwise provided in this Agreement.
(b) Limitation of Responsibility: DecorateONE is not liable for damages resulting from your use of the site and service. You assume responsibility for any damage to your business or computer system resulting from your actions or use of the site and service.
(c) Industry Changes: Due to normal industry changes, DecorateONE may reasonably deviate from descriptions and information in its documents regarding material, color, weight, measurements, design, or other features.
(d) Third-Party Services: DecorateONE may use subcontractors or third parties for certain site and service elements. You agree that DecorateONE is not liable for your use of these services.

9. Limitation of Liability
(a) Use at Own Risk: Your use of DecorateONE’s site and service is at your own risk. DecorateONE disclaims all express or implied warranties and is not responsible for third-party actions, content, information, or data. You release DecorateONE from claims and damages arising from your use of the site and service.
(b) Exclusion of Certain Damages: DecorateONE is not liable for lost profits or consequential, special, indirect, or incidental damages related to the site and service or any agreement with DecorateONE. DecorateONE’s aggregate liability may not exceed $100 or the amount exchanged within the past six months, whichever is less.

10. User Representations and Warranties; DecorateONE’s Right to Refuse Performance
(a) Design Uploads and Representations: If you upload designs or modify products, you represent that you have all necessary rights to use them without infringing third-party rights. DecorateONE may, at its discretion, refuse to print any designs or text submitted by you. In the event that your logo is declined due to trademark or copyright infringement issues, a 25% restocking fee will apply to the entire order. This fee is intended to cover the costs associated with digitizing and ordering the merchandise restocking.
(b) Indemnification: You agree to defend, indemnify and hold DecorateONE.com, its subsidiaries, affiliates, co-brand partners or other partners, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site or your breach of these Terms of Use and Privacy Statement. DecorateONE.com shall provide notice to you promptly of any such claim, suit or proceeding.

11. Data Protection
DecorateONE collects and uses your information in accordance with its privacy policy. You are responsible for securing your information and acknowledge that you must keep sensitive information confidential.

12. Dispute Resolution
(a) Governing Law and Arbitration: This Agreement is governed by the laws of the United States and Florida. Any dispute must be submitted to confidential binding arbitration in Palm Beach County, Florida, unless DecorateONE seeks injunctive relief in any Florida state or federal court for intellectual property rights violations.
(b) Jurisdiction and Venue: In the event of action contrary to arbitration rules, parties agree to personal jurisdiction and venue in Florida state and federal courts, waiving the right to a jury trial. Improperly filed claims may result in recovery of attorneys’ fees and costs by the non-filing party.

13. Digital Millennium Copyright Act
DecorateONE responds to legitimate DMCA requests and retains the right to deny service if content usage poses a risk of copyright infringement. Users aware of copyright infringement on DecorateONE’s site may submit a properly formatted DMCA request to DecorateONE’s DMCA agent.

14. Termination of Access
(a) Right to Refuse Service: DecorateONE may immediately refuse to provide its site and service, in whole or in part, for any reason or no reason. Limitation of access may include the removal or modification of your uploaded content.
(b) Agreement Survival: If DecorateONE exercises its rights, or if you delete your account, this Agreement, and any other agreements with DecorateONE, remain in effect until terminated according to their terms.

15. Miscellaneous
(a) Conflicts: In conflicts between this Agreement and others, the terms of the other agreement control to the extent of inconsistency. Additional terms are supplementary to this Agreement.
(b) Relationship of Parties: This Agreement and others related to the site and service do not establish a joint venture, partnership, agency, employment, or fiduciary relationship between the parties, unless expressly stated. Neither party nor its agents may bind the other.
(c) Successors, Assignment, and Delegation: This Agreement benefits and binds successors, assigns, heirs, executors, and administrators. Assignment or delegation without written consent is null and void.
(d) Means of Notice: Written notices and communications may be electronic and are effective when sent or published. You waive objections due to incorrect information in your orders or user account.
(e) Enforceability and Severability: Invalidity or unenforceability of any provision does not affect the remaining provisions. If a provision is invalid or unenforceable in specific circumstances, it remains effective in others.
(f) Waivers: Waivers are effective in writing. Acceptance of late performance does not waive the act or condition itself.
(g) Interpretation Rules: The term “or” in a group includes any combination of items. “Includes” or “including” in a list is not exclusive. Headings are for convenience and do not affect term interpretation.
(h) Reservation: DecorateONE reserves all rights not expressly granted.
(i) No Third-Party Beneficiaries: This Agreement does not confer rights or remedies on any person other than the parties.
(j) Minimum Age: Persons under 18 are prohibited from using the site. DecorateONE will not collect, use, or disclose personal information of those under age 18.
(k) Entire Agreement: This Agreement, including other policies on DecorateONE’s site, constitutes the entire understanding between the parties, superseding all prior oral and written agreements. No oral modifications are effective unless expressly agreed upon in writing.