Terms & Conditions

Last updated: September 2021

Welcome to DMWHandMade.com. DMW Ltd. and/or its affiliates ("DMW") provide website features and other products and services to you when you visit or shop at DMWHandMade.com, use DMW products or services, use DMW applications for mobile, or use software provided by DMW in connection with any of the foregoing (collectively, "DMW Services"). DMW provides the DMW Services subject to the following conditions.

The following terminology applies to these Terms and Conditions, Privacy Policy, Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the DMW Services’ terms and conditions. "DMW", “Ourselves”, “We” and "Us", refers to our DMW Ltd. company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

By using DMW Services, you agree to these conditions. Please read them carefully.

We offer many DMW Services, and sometimes additional terms may apply. When you use a DMW Service you also will be subject to the guidelines, terms and agreements applicable to that DMW Service ("Service Terms"). If these Terms and Conditions are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

We respect and take your privacy as seriously as our own. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Federal, State, and or Local Governments have created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. Please review our Privacy Policy, which also governs your use of DMW Services, to understand our practices and procedures.

ELECTRONIC COMMUNICATIONS

When you use DMW Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. By continuing to use this website and DMW Services, you are consenting to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other DMW Services, you may retain copies of these communications for your records as you deem necessary. You may also agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT NOTICE
Copyright and other relevant intellectual property rights exists on all text relating to DMW Services and the full content of this website. DMW’s logo is a registered trademark. The brand names and specific services of DMW Ltd. featured on this web site are trade marked. The compilation of all content included in or made available through any DMW Service is the exclusive property of DMW and protected by U.S. and international copyright laws. All content included in or made available through any DMW Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of DMW or its content suppliers and protected by United States and international copyright laws. DMW respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, DMW or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the DMW Services. This license does not include any resale or commercial use of any DMW Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any DMW Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by DMW or its licensors, suppliers, publishers, rights-holders, or other content providers. No DMW Service, nor any part of any DMW Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DMW. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DMW without express written consent. You may not use any meta tags or any other "hidden text" utilizing DMW’s name or trademarks without the express written consent of DMW. You may not misuse the DMW Services. You may use the DMW Services only as permitted by law. The licenses granted by DMW terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own DMW account to use certain DMW Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. DMW does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the DMW Services only with involvement of a parent or guardian. Parents and guardians may not create profiles for teenagers in their DMW Household. DMW reserves the right to refuse service, terminate accounts, terminate your rights to use DMW Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DMW reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

In these terms of use, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. You warrant and represent that your content will comply with these terms of use. If you do post content or submit material, and unless we indicate otherwise, you grant DMW a you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights. create derivative works from, distribute, and display such content throughout the world in any media. You grant DMW and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DMW for all claims resulting from content you supply. DMW has the right but not the obligation to monitor and edit or remove any activity or content. DMW takes no responsibility and assumes no liability for any content posted by you or any third party.

Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

RISK OF LOSS

All purchases of physical items from DMW are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

RETURNS, REFUNDS AND TITLE

DMW does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, DMW does not take title to the refunded item. For more information about our returns and refunds, please see our Shipping and Returns page.

PRODUCT DESCRIPTIONS

DMW attempts to be as accurate as possible. However, DMW does not warrant that product descriptions or other content of any DMW Service is accurate, complete, reliable, current, or error-free. If a product offered by DMW itself is not as described, your sole remedy is to return it in unused condition.

PRICING

With respect to items sold by DMW, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by DMW is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by DMW you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any DMW Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using DMW Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE DMW SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DMW SERVICES ARE PROVIDED BY DMW ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DMW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DMW SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DMW SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DMW SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, DMW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DMW DOES NOT WARRANT THAT THE DMW SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DMW SERVICES, DMW SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DMW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DMW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DMW SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DMW SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any DMW Service, or to any products or services sold or distributed by DMW or through DMWHandMade.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our contact email address listed below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, DMW will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any DMW Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado and any locally enforceable laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DMW.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of DMW Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

DMW Ltd.

YourFriends@DMWHandMade.com