Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to DusignsByDusty! The terms “we,” “us,” and “our” refer to DusignsByDusty LLC. DusignsByDusty operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). DusignsByDusty is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
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 have given consent for any minor dependents under your supervision to use the Services.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing information, payment information, and shipping information. You represent that all information you provide is accurate, current, and complete.
You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make every reasonable effort to accurately represent our products and designs. However, colors, brightness, proportions, positioning, and overall appearance may vary slightly from what appears on your screen because of differences in devices, displays, manufacturing processes, materials, printing, lighting, and product sizes.
Product mockups and lifestyle images may be used to demonstrate how a design or product may appear in a particular environment. Actual products may vary slightly from mockups or digital representations.
Many DusignsByDusty products are made to order, custom-made, or personalized. Minor variations that are normal to the manufacturing or printing process are not considered defects.
All product descriptions, designs, specifications, prices, and availability are subject to change without notice. We reserve the right to discontinue products or limit quantities at our discretion.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. DusignsByDusty reserves the right to accept, decline, modify, or cancel an order when reasonably necessary, including in cases involving pricing errors, suspected fraud, unavailable materials, production limitations, shipping restrictions, or incorrect product information.
Payment must be successfully processed before an order can proceed.
Please carefully review your order before submitting it, including product type, size, sided option, personalization, shipping address, and other selections.
Many of our products are made specifically for each order, and production may begin shortly after an order is placed. As a result, cancellation requests are not guaranteed once production has begun.
If personalization or custom design information is submitted by the customer, the customer is responsible for ensuring that names, dates, spelling, numbers, colors, teams, wording, images, and other requested details are correct.
Purchases are subject to our Return and Refund Policy.
SECTION 4 - PRICES, PAYMENTS AND BILLING
Prices, discounts, promotions, and special offers may change without notice.
The price charged for a product will be the price displayed at the time the order is placed, subject to correction of obvious pricing or technical errors.
Applicable sales taxes will be calculated and collected where required.
You agree to provide current, complete, and accurate billing, payment, shipping, and account information.
You represent that you are authorized to use any payment method submitted for an order and agree to pay all charges associated with your purchase.
SECTION 5 - PRODUCTION, SHIPPING AND DELIVERY
Many DusignsByDusty products are made to order.
Production and delivery estimates shown on our website, product listings, order confirmations, or other communications are estimates and are not guaranteed delivery dates.
Made-to-order flags and banners generally take approximately 2–5 weeks from purchase to delivery, including production and shipping. For other made-to-order products, refer to the estimate on the product page. Actual timing varies with the production schedule, destination, carrier, order volume, and other circumstances.
Ready-to-ship products generally ship sooner than made-to-order products.
During holidays, high-volume periods, severe weather, carrier disruptions, customs processing, or other circumstances outside our control, production or delivery may take longer.
Once an order has shipped, tracking information may be provided when available. Tracking scans and estimated delivery dates are controlled by the shipping carrier and may not update immediately.
DusignsByDusty is not responsible for delays caused by shipping carriers, customs agencies, incorrect addresses supplied by customers, severe weather, natural disasters, transportation disruptions, or other events outside our reasonable control.
Customers are responsible for providing a complete and accurate delivery address.
If an order arrives damaged, defective, or incorrect, please follow the procedures described in our Return and Refund Policy.
SECTION 6 - CUSTOM AND PERSONALIZED PRODUCTS
Custom and personalized products are produced according to information supplied or approved by the customer.
Customers are responsible for reviewing personalization information and design requests carefully.
If a customer approves a proof or design prior to production, that approval authorizes us to proceed with production based on the approved design.
Colors displayed electronically may vary from the colors of the finished physical product due to differences in screens, materials, printing processes, lighting, and manufacturing.
Unless otherwise required by applicable law or provided in our Return and Refund Policy, custom-made, personalized, and made-to-order products are generally not eligible for returns or exchanges based solely on buyer preference or change of mind.
SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including our website content, text, original graphics, original designs, photographs, product descriptions, videos, branding, and other materials owned by DusignsByDusty, are protected by applicable intellectual property laws.
Certain designs, logos, names, trademarks, artwork, or other intellectual property appearing on products or within customer-requested designs may belong to their respective owners.
Nothing on our website transfers ownership of any intellectual property belonging to DusignsByDusty or any third party.
You may not reproduce, distribute, republish, sell, scrape, download, commercially exploit, or create unauthorized derivative works from materials owned by DusignsByDusty without permission, except where permitted by law.
SECTION 8 - OPTIONAL TOOLS
We may provide access to tools, applications, integrations, or services offered by third parties.
Such third-party tools may be provided “as is” and “as available.” Your use of third-party services may also be governed by the terms and policies of those providers.
We are not responsible for third-party services or tools outside our reasonable control.
SECTION 9 - THIRD-PARTY LINKS
Our Services may contain links to websites or services operated by third parties.
We are not responsible for the content, accuracy, availability, privacy practices, products, or services offered by third-party websites.
If you access or purchase from a third-party website, you do so subject to that third party’s terms and policies.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
DusignsByDusty is powered by Shopify, which enables us to provide the Services to you.
However, purchases made through our store are transactions directly between you and DusignsByDusty.
Shopify is not the seller of the products offered by DusignsByDusty and is not responsible for the fulfillment, quality, safety, legality, or delivery of products sold by DusignsByDusty, except to the extent otherwise required by applicable law.
SECTION 11 - PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, Shopify may collect and process certain information relating to your access to and use of our store in order to provide its services.
Other service providers, including payment processors, shipping providers, analytics providers, and other vendors, may process information as necessary to provide services associated with your transaction.
SECTION 12 - FEEDBACK AND REVIEWS
If you voluntarily submit feedback, reviews, photographs, suggestions, or other content relating to our products or Services, you grant DusignsByDusty a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, and share that content for legitimate business purposes, including marketing and promotion, subject to applicable law.
You represent that you have the necessary rights to content you submit and that your content does not unlawfully infringe the rights of another person.
We reserve the right to moderate or remove content where permitted by law and applicable platform rules.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping, production times, specifications, or other information.
We reserve the right to correct errors, update information, or cancel an affected order when reasonably necessary.
If we cancel an order after payment has been collected, we will provide an appropriate refund for the canceled portion of the order.
SECTION 14 - PROHIBITED USES
You may use our Services only for lawful purposes.
You may not use the Services to violate applicable laws or regulations; infringe intellectual property rights; transmit malicious code; engage in fraud; harass or threaten others; collect personal information unlawfully; interfere with website security; or otherwise misuse the Services.
We reserve the right to restrict or terminate access to the Services where we reasonably believe these Terms have been violated.
SECTION 15 - TERMINATION
We may suspend or terminate access to our Services where reasonably necessary, including for violation of these Terms, suspected fraud, abuse, unlawful activity, or security concerns.
Any obligations or liabilities incurred before termination will survive termination where applicable.
SECTION 16 - DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
We do not guarantee that access to our website will always be uninterrupted, secure, or error-free.
Nothing in these Terms excludes warranties, guarantees, or consumer rights that cannot legally be excluded or limited.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, DusignsByDusty and its owners, employees, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the Services or products purchased through the Services.
Nothing in these Terms limits liability that cannot legally be limited or excluded.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless DusignsByDusty and its owners, employees, contractors, service providers, and affiliates from third-party claims, losses, or liabilities arising from your unlawful misuse of the Services, violation of these Terms, or infringement of another party’s rights.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary.
The remaining provisions will continue in effect.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Our failure to enforce a provision of these Terms does not waive our right to enforce it later.
These Terms, together with the policies incorporated into them and other terms displayed in connection with specific products or promotions, constitute the agreement governing your use of our Services.
SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our consent where consent is legally permitted to be required.
We may assign or transfer our rights and obligations in connection with a sale, transfer, restructuring, or other change involving our business, subject to applicable law.
SECTION 22 - GOVERNING LAW
These Terms are governed by applicable United States federal law and the laws of the State of Michigan, without limiting any mandatory consumer protections that may apply based on a customer’s location.
To the extent permitted by applicable law, disputes relating to these Terms will be handled in an appropriate court with jurisdiction in Michigan.
SECTION 23 - CHANGES TO THESE TERMS
We may update these Terms from time to time.
The current version will be posted on our website. Material changes will be handled in accordance with applicable law.
Your continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 24 - CONTACT INFORMATION
Questions regarding these Terms of Service or an order can be sent to:
DusignsByDusty LLC
support@dusignsbydusty.com
Jackson, Michigan, United States