Terms of service

Thank you for visiting the Eco-Chic Design website. Please review all the Terms and Conditions below. 

We do not gather any information from children under 13 years of age per the COOPA (Children’s Online Privacy Protection Act Revised 2013) nor provide our online design services for children under 13 years of age. If you purchase any of our Online Design Services or register to receive our newsletter, you represent that you are at least 13 years or older.

USE OF WEBSITE

This website is owned and operated by Eco-Chic Design. Throughout the site, the terms “we”, “us” and “our” refer to Eco-Chic Design. Eco-Chic Design 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 Privacy policy 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 services or 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 of or access to the website following the posting of any changes constitutes acceptance of those changes.
GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. Interior design is a very intimate and personal service. If you make a purchase from the Online Design Services we do not guarantee your satisfaction with the solutions provided to you. It is important that you understand that the suggested solutions will primarily on the information provided by you. If information provided is inaccurate, it may result in an inaccurate solution. Although we do not guarantee the solution results, we will strive to provide the best solution in any given situation.
 
You understand that your emails 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. 
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.

ONLINE DESIGN SERVICES

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, or that you are 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.

Our Online Design service is hosted by Dudaone. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We will also request information from you such as your name, email address, city and state. Once your purchase has been made you will receive an email from us requesting information that will allow us to provide the design recommendations for the service purchased. The information requested in the email sent to you will not request any information of a personally identifiable nature. If you provide photographs as part of the Online Design service we request that the photographs do not contain family photographs or any other items or information that is personal in nature. This is for your protection as well as ours.

We agree to provide you with the color palette, furnishing ideas, space plans or design ideas based on the information we receive from you. This information includes your responses to our questionnaires, photos, “pins”, online boards you have created, pictures, measurements and any other information that is provided by you the purchaser.
 
Design is very personal and opinions may vary about the look, style and feel. Therefore, we do not provide any warranty or guarantee for the Online Design Services. However, we do intend to provide you with the best service possible given that the services are conducted remotely and that we rely solely on the information you provide to us. We do want you to be satisfied with the services provided and will take measures, at our discretion, in order to make that happen. We request that you contact us via email with the nature of your concern so that we can address it in a fitting manner.

We will do our best to recommend products that will be available and within your budget. However, we do not warranty or guarantee that any of the furnishings, accessories, art, lighting, flooring, etc. will be available to you or will be within your budget range, at the time you choose to purchase them. We also do not warranty or guarantee any of the furnishings, accessories, art, lighting, flooring, etc. after you purchase them. Any items that you purchase through a third-party will be governed by their warranty and their return policy. 

Purchases from the Online Design services will be processed through PayPal at this time. When you make a purchase from PayPal you are bound by the Terms and Conditions and Privacy Policy of their website.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the Return Policy or Warranty Policy of the company from which they are purchased.

We have made every effort to display as accurately as possible the colors and images provided in our design recommendations. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
 
The design concepts provided to you are considered works for hire and to the extent possible remain the intellectual property of Eco-Chic Design. You are granted the right to access the designs and use the concepts to re-design or decorate your private residence or business. You do not have the right to copy, reproduce, republish, upload to any site, post on any site, or distribute in any way the information or design concepts provided to you by Eco-Chic Design. You do not have the right to represent the design concepts as your own and may be subject to any Federal law or California state law for infringement of these rights.
You do however, maintain the right to post photos or upload photos of your re-designed or decorated space that incorporated the information or design concepts provide by Eco-Chic Design. You should attribute the design concept/ideas to Eco-Chic Design.

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). 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice. All services are priced in USD and must be paid for in USD currency. 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.

PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the Return Policy or Warranty Policy of the company from which they are purchased.

We have made every effort to display as accurately as possible the colors and images provided in our design recommendations. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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 other interior designers, interior decorators, staging professionals, or any other design professional solely for the purpose of copying or replicating the tools and processes used by Eco-Chic Design in offering our Online Design services.

You agree to provide current, complete and accurate purchase and account information for all purchases made through PayPal. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed. For more detail, please review our Refunds section below.

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.

THIRD-PARTY LINKS 

Certain content, products and services available via our website 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. Refunds or exchanges for purchases from third-parties should be sought from these third-parties.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (ways to improve our online design services) 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.

PERSONAL INFORMATION

Your submission of personal information in through the Design Online store is governed by our Privacy Policy. Go to our website to view our Privacy Policy.

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.

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.

REFUNDS

We disclaim any responsibility for purchases you make through third-party sites located on our website. Refunds or exchanges for products or service purchased from third-party sites, that may be located on the Eco-Chic Design website, must be pursued with the third-party vendor.
 
If you are absolutely dissatisfied with the service you received regarding any of the Online Design services, you may contact ecochiconline4u@gmail.com to discuss a specific resolution. We will make every attempt to resolve the situation to the satisfaction of both parties. At our discretion, and after we have tried to remedy the situation, we may offer a refund limited to the amount paid for the service.

DISCLAIMER OF WARRANTIES 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, and disclaim to the extent permitted by law any warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

LIMITATION OF LIABILITY

In no case shall Eco-Chic Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Eco-Chic Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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.

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).

DISPUTES

If you have any dispute regarding the website or any service provided by Eco-Chic Design you agree to contact us by emailing marie@eco-chicdesign.com. We will make all reasonable attempts to resolve the dispute. If we are not able to resolve the dispute in an informal manner, you agree to mediation or binding arbitration by a member of the American Arbitration Association at a mutually agreed upon location. Your dispute must be made within three months from the date that the final design concepts have been delivered.

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.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with any applicable Federal law and the laws of the State of California.

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.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at marie@eco-chicdesign.com
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