Terms of Service

The following terms and conditions (the "Agreement") govern all use of the designsbymikaelhill.com website (the "Site") and the services available on or at the Site (taken together with the Site, the "Service"). The Service is owned and operated by designsbymikaelhill Inc. ("designsbymikaelhill"). The Service is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by designsbymikaelhill – including, without limitation, Shipping, Return Policy, Privacy Policy and others. If you do not agree this Agreement, do not use the Site.
Designsbymikaelhill is a print on demand company for business and individuals. Designsbymikaelhill prints and dropships the products ("Products") directly to customers ("Customers").

 

Access & Membership

In order to enjoy all the benefits of designsbymikaelhill, the User can register and become a member ("Member"). Membership requires that the User registers on the Site (including by filling-out all required personal information). The User may opt out of marketing and promotional e-mails. The User may cancel its membership at any time by canceling online on the Site. To complete registration, the User shall provide an email address and a password. The User may never use another's designsbymikaelhill account without permission from that user. The User is solely responsible for the activity that occurs on User’s account, and User must keep its account password secure. The User must notify designsbymikaelhill immediately of any breach of security or unauthorized use of its account. Although designsbymikaelhill will not be liable for the User’s losses caused by any unauthorized use of its account, User may be liable for the losses of designsbymikaelhill or others due to such unauthorized use.

Designsbymikaelhill may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Designsbymikaelhill may also impose limits on certain features and Services or restrict User's access to parts or all of the Services without notice or liability. The User certifies to designsbymikaelhill that if User is an individual (i.e., not a corporation) the User is at least 18 years of age. The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.


Modifications

Designsbymikaelhill reserves the right, at its discretion, to modify this Agreement, fees, charges, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User's acceptance of the terms and conditions of changes as modified.


Content and Copyright policy

When you post, submit, or upload images, pictures, data, text, photographs, graphics, messages, or other materials ("Content") on the Site you represent and warrant that:

1. you own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display, reproduce and sell the Content as designsbymikaelhill products. You license designsbymikaelhill to use and sub-license the Content in accordance with this Agreement;

2. you and your Content do not and will not infringe upon the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy.

Printful reserves the right to review, and if necessary remove, any Content from the Site or to cancel your account at its sole discretion, either because that content breaches this Agreement or any applicable laws, or otherwise.

This means that you, and not designsbymikaelhill, are entirely responsible for all Content that you upload for sale as Products, post, email, transmit or otherwise make available via the Services. If you believe that Content or other material residing on or accessible through the designsbymikaelhill Service infringes your copyright, please send a notice of claimed copyright infringement to us.

Designsbymikaelhill does not and will not own the copyrights and other intellectual property rights of your Content, so designsbymikaelhill will not distribute, sell or rent your Content to any other persons, companies, etc.


Shipping and returns

Once you have clicked on the "confirm" button, it is not possible edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member's account for Products claimed as damaged or not received are subject to designsbymikaelhill investigation and discretion.

The risk of loss and title for such items pass to the User upon our delivery to the carrier. It is the Customer's responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Printful will not make any refunds and will not resend the Product.

Designsbymikaelhill will review replacement/return requests only (a) if there will be missing or broken Product, or a print error if it is designsbymikaelhill fault and (b) if designsbymikaelhill will receive a complaint within 30 days from the day the Product was delivered to the Customer (or within 30 days after the estimated delivery date, if the Product is missing).


Description of products

Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers. We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design. We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate. Sometimes during the manufacturing process Products can be damaged, obviously they won't be shipped out to Users and Customers, however they can still be used for charitable purposes. Designsbymikaelhill reserves the right to donate all damaged items with full or partial designs to charity and the User hereby waives its right to collect royalties or other fees regarding damaged products that are donated.


Purchase of products

Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Products on the same order which we have not confirmed in a order confirmation e-mail do not form part of that contract. Designsbymikaelhill shall under no circumstances be held liable for any special losses due to specific circumstances of the User an/or Customer, indirect or consequential losses or wasted expenditure. Orders are placed and received exclusively via the Site. Before ordering from us, it is the Member's responsibility to check and determine full ability to receive the Products. Correct Customer’s address and post code/zip code, User’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products. All information asked on the checkout page must be filled in precisely and accurately. Designsbymikaelhill will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact designsbymikaelhill.


Delivery

We deliver to Users/Customers to most places in the world. User is responsible for delivery prices. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. Some sort of Products are packaged and shipped separately. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of Product as simple as possible. Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges.


Release

You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that designsbymikaelhill has no control over and does not guarantee the delivery of the advertised collaborations and that designsbymikaelhill shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.


Indemnity

You will indemnify and hold designsbymikaelhill (and its officers, directors, agents, subsidiaries, joint ventures 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 this Agreement, or your violation of any law or the rights of a third party.


Law and Jurisdiction

If a dispute arises between you and designsbymikaelhill, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of California. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of California.


General

No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement. You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. Designsbymikaelhill reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.