policies
Terms & Conditions for the Online Sale of Goods
INTRODUCTION
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. These terms require the use of arbitration to resolve disputes rather than jury trials. By placing an order for products or services from this website, you accept and are bound by these terms and conditions.
You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Duende Design Co, LLC, or (c) are prohibited from accessing or using this website or any of this website's contents, goods, or services by applicable law.
These terms and conditions (these "terms") apply to the purchase and sale of products and services through www.duendedesignco.com
(the "site") and related pages and accounts on Instagram®, TikTok®, Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “sites”). Please read these terms, the terms of use, and the privacy policy carefully, which are incorporated into these terms. By using any or all of the sites, you accept and agree to be bound by these terms. Duende Design Co, LLC may modify these terms from time to time, and any modifications will be effective immediately when posted. All changes made will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or service available through this site means you accept and agree to any changes.
ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these terms, all products and services listed in your order. All orders must be accepted by Duende Design Co, LLC or we will not be obligated to sell the products or services to you. Delivery of any files to you constitutes acceptance and therefore the creation of a binding, contractual agreement between you and Duende Design Co, LLC.
We may choose not to accept any orders in our sole discretion. After receiving your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Duende Design Co, LLC and you will not take place unless and until you have received your order confirmation email. All partial payments agree to these terms and agree that no products will be sent until after full payment is made.
PRICING AND PAYMENT TERMS
(a) All prices posted on this site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
We offer no refunds on any products designated on this site as non-returnable, including but not limited to all digital templates or any other intangible, digital products. All sales are final because it is impossible to return a digital product.
PRODUCT LICENSE
You are not permitted to share any Duende Design Co, LLC branded products that you have purchased with any other third party or attempt to copy or redistribute the product and/or design elements in any way.
Each product license is for one use of the product, licensed directly to you for your singular personal or business use. You are not permitted to use the company’s product on multiple websites if you have multiple businesses or personal uses, as each purchase is for a singular license to utilize the product. Any violation of this clause shall result in immediate termination of your license and a fee equal to the cost of the additional license(s) violated without authorization, in addition to any attorney’s fees or other fees applicable, not as penalty but as liquidated damages for this infringement of Duende Design Co, LLC’s intellectual property and violation of this agreement.
NO REFUND POLICY
All digital products, websites, templates, downloads, and any other purchases made on this site are non-refundable under any circumstances. Purchased products cannot be exchanged for other products.
INTELLECTUAL PROPERTY USE AND OWNERSHIP
You acknowledge and agree that:
(a) Each product and service marketed on this site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement provided with each product.
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain, including confidentiality obligations and restrictions on resale, use, reverse engineering, copying, sublicensing, and transfer.
(c) Duende Design Co, LLC is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this site, including all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement.
(d) Fonts used within products are free for use, and all demo images, photography, or video graphics are to be replaced prior to launch.
(e) All digital products are protected by intellectual property rights and are not to be resold, repackaged, shared, or distributed without written consent from Duende Design Co, LLC.
(f) Duende Design Co, LLC does not tolerate any infringement, exploitation, or misappropriation of its copyrighted property.
LICENSE TO USE DUENDE DESIGN CO PRODUCTS
All purchases made on the site for any Duende Design Co, LLC branded products do not constitute purchases of ownership. Your purchase grants a limited, non-transferable, non-sublicensable, non-exclusive license to use the products for their intended purposes. Any use exceeding the intended use shall result in immediate revocation of this license, and you must immediately cease use of the product.
You are not permitted to copy, sublicense, distribute, pledge, or otherwise share Duende Design Co, LLC products or source code.
DUENDE DESIGN CO SITE SHOP CREDIT
Duende Design Co, LLC encourages you to include credit in your website footer when using a product branded by Duende Design Co, LLC. While not required, we value customers who acknowledge our brand.
LIMITED WARRANTY
This limited warranty gives you specific legal rights and you may also have other rights, which vary from state to state. Duende Design Co, LLC warrants that during the warranty period, products purchased from the site will be free from defects in materials and workmanship, and services will be performed in a professional manner in accordance with industry standards.
We limit the duration and remedies of all implied warranties, including merchantability and fitness for a particular purpose, to the duration of this limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
Our responsibility for defective products or services is limited to repair, replacement, re-performance, or refund, at our discretion. Our liability will under no circumstances exceed the actual amount paid by you for the defective product or service.
To obtain warranty service, contact hello@duendedesignco.com
during the warranty period.
Additional Terms And Conditions
GOVERNING LAW. The Parties have entered into this Agreement in the State of North Carolina and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of North Carolina, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of North Carolina, and that venue of any action will be located in the District Court of Wake County, North Carolina.
BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
INDEMNIFICATION. To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF NORTH CAROLINA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Duende Design Co, LLC's intellectual property rights and confidential and proprietary information by you, Duende Design Co, LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Duende Design Co, LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and North Carolina courts in Wake County, North Carolina, United States of America for purposes of any such action by Duende Design Co, LLC.
COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
FORCE MAJEURE: Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Changes and Contact
Updated On: March 15, 2024
For more information about our practices please contact us by e-mail at hello@duendedesignco.com.
