Terms of Service
Terms of Service
Introduction
Welcome to ShopDecality.com, an online store for custom decals and printed items based in Nassau, The Bahamas. We specialize in creating personalized stickers, decals, and other printed products tailored to your needs. These Terms of Service (“Terms”) govern your access to our website and your purchase of our products and services. By using our site or placing an order, you agree to follow and be bound by these Terms, which are designed to ensure a fair and transparent experience for both you (the customer) and Shop Decality (the business). We encourage you to read these policies carefully, as they outline the scope of our services and the mutual expectations of our business relationship.
Acceptance of Terms
By accessing or using ShopDecality.com in any way – including browsing our site, creating an account, or placing an order – you acknowledge that you have read, understood, and agree to these Terms of Service. If you do not agree with any part of these Terms, you should not use our website or services. Using the website constitutes acceptance of all the terms and conditions herein. We may update or modify these Terms from time to time, and such changes will be effective when posted. It is your responsibility to review this page periodically for updates; continued use of the site after any changes means you accept the revised Terms. If we make significant changes, we will try to provide notice (for example, via a notice on our homepage or via email), but it remains your responsibility to remain informed of the current Terms.
Products and Custom Orders
Custom-Made Products: All our products are made-to-order and personalized according to the specifications or designs you provide. This means each item is unique to you. Because of the custom nature of our products, once you finalize an order and we begin production, changes or cancellations may not be possible. Please double-check all details (sizes, colors, text spellings, designs, shipping information, etc.) before confirming your order or approving a design proof, as we cannot easily reuse or resell custom items if you change your mind.
Design Proofs: We may provide you with a digital proof or sample image of your custom design for approval before production. It is your responsibility to review the proof carefully and ensure all details are correct. By approving the proof (or otherwise confirming the order), you accept that the design is accurate to your requirements. If an error is noticed after approval, we may not be able to alter it if production has started, so please take the time to verify all aspects of the proof.
Color and Image Disclaimer: Please note that the actual colors and appearance of the finished products may vary slightly from what you see on your screen or from proofs. Screen displays and device settings can make colors appear differently, and materials or printing processes may result in minor variations. We strive to match your desired colors and design as closely as possible, but we cannot guarantee a 100% exact color replication of what you see digitally. Minor differences or variations in size, color tone, or placement can occur in any custom manufacturing process and shall not be considered defects.
Customer’s Design Responsibilities: If you are submitting your own text, images, logos, or artwork for us to print, you are responsible for ensuring that your content is accurate, complete, and lawful. We are not responsible for errors or typos in the text or design that you provided to us. This means you should carefully proofread and confirm all spellings, dates, numbers, and other custom details in your submission or proof. By submitting a design or placing an order, you also promise that you own the rights to any images or graphics you provide, or that you have permission to use them, and that you are not infringing on anyone else’s intellectual property or copyrights. We reserve the right to refuse or cancel any custom order that contains content we believe is offensive, illegal, or violates the rights of any third party (such as copyrighted material or trademarks used without permission). If such an order is refused, we will notify you and, if payment was already made, provide a refund for that order.
Limited Return Eligibility: Because our products are personalized for each customer, all sales are generally final. We cannot accept returns or exchanges for custom-made items simply because you change your mind or ordered the wrong item. In other words, we do not allow returns for reasons unrelated to quality – for example, we cannot offer a refund or remake your decal if you decide you no longer want it, if you selected the wrong size or color, or provided incorrect details in your order. However, if we make a mistake in producing your item or if the product arrives defective, we will of course work with you to correct the issue (see the Return and Refund Policy below for details). Other than issues covered under our Return Policy, custom products are not eligible for return or refund.
Order Processing and Turnaround
Production Time: Once your order is confirmed (and any design proofs are approved by you), we will begin processing and production. Our goal is to provide a fast turnaround for our customers. While actual production times can vary, most standard orders are completed within a few business days. As a general guideline, you can expect many custom decal and print orders to be finished in approximately 3-7 business days. Larger or more complex orders may require additional time, and if that is the case, we will notify you of the estimated production timeline. If you have a specific deadline or need your order by a certain date, please let us know when ordering – we will do our best to accommodate rush requests if possible (additional fees or limitations might apply for very urgent jobs, which we would discuss with you in advance).
Estimated Turnaround: When you place an order, we will provide an estimated timeframe for completion and (if applicable) delivery. Please understand that this is an estimate, not a guaranteed promise. Production and delivery timelines may be affected by factors outside our control, such as unexpected equipment issues, supply shortages, high volume of orders, public holidays, or other unforeseen events. We will not be liable for delays caused by circumstances beyond our reasonable control 7 (for example, severe weather, power outages, or other “force majeure” events). If we anticipate a significant delay or have any issues fulfilling your order on time, we will reach out to you promptly via the contact information you provided (email or phone) to inform you and discuss possible solutions.
Communication: Throughout the order process, we may send you updates – for instance, confirmation that your order has started production, notification that your item is ready for pickup, or scheduling details for delivery. Please ensure the contact details you provide us (especially your phone number and email) are accurate and that you monitor them for updates about your order. Effective communication will help ensure smooth and timely processing of your custom request.
Pickup & Delivery Policy
We offer both local pickup and delivery options for orders, with certain conditions. Below are our policies
regarding picking up your items or having them delivered:
- Local Pickup: If you prefer to pick up your order in person, you may do so at our designated pickup location in Nassau. Our pickup address is:
Garden Hills #1, Ameryllis Ave., Nassau, New Providence, The Bahamas.
Local pickup is free of charge. When your order is finished and ready, we will notify you (by phone, email, or WhatsApp) to arrange a pickup time. Pickup is typically by appointment – we will work with you to schedule a convenient time during our business hours. Please try to arrive on time for the agreed pickup. If you need to reschedule, just let us know and we’ll do our best to accommodate a new time.
When picking up, you may be asked to show proof of your order or identity (especially if someone else is picking up on your behalf) to ensure we release the right product to the right person. We strive to make the pickup process quick and easy.
Missed Pickups: If you miss your scheduled pickup or are unable to come at the arranged time, please contact us as soon as possible to reschedule. We understand things can happen, and we will hold your order for you for a reasonable period. However, if a significant amount of time passes (for example, over 30 days from when we first notify you that your order is ready) and we are unable to get in touch with you or arrange a pickup, we reserve the right to consider the order abandoned. Custom items that are not picked up cannot be restocked or resold, so in the case of an abandoned order we may dispose of the items, and no refund will be issued (since the product was made specifically for you). We will make multiple attempts to contact you (via the contact information you provided) before taking this step. To avoid any issues, please keep us updated if you need to delay your pickup – we are happy to work with you, within reason, to hold your item if you communicate with us.
- Local Delivery (Within The Bahamas): We offer delivery service within The Bahamas for our customers who prefer to have their orders brought to them. Please note that we do not ship or deliver outside of The Bahamas at this time – our service area is domestic only. For local deliveries, our business owner or a designated team member will personally deliver your order using a private vehicle (this is not a third-party courier service; it’s handled directly by us).
Delivery Areas and Timing: We primarily deliver within New Providence (Nassau), as our business is located there. If your delivery address is in the Nassau area, we will coordinate a delivery time with you once your order is ready. Typically, we aim to deliver orders within 1-3 business days after production is completed. We will contact you to schedule a delivery window (for example, a certain day and an approximate time range) and to confirm someone will be available to receive the order. Deliveries are usually made during normal business hours (e.g., 9am–6pm, weekdays) unless we arrange otherwise. If you have specific timing needs, please discuss them with us and we will try to accommodate.
For addresses outside of New Providence (e.g., other islands of The Bahamas, often referred to as the Family Islands), special arrangements will be necessary. In such cases, we typically send the order via a local inter-island delivery method, such as the mail boat or a third-party courier that services your island. We will package your items securely and deliver them to the appropriate transport (e.g., the mail boat dock or courier office) that will ship to your island. We will let you know the details – for instance, which boat or service, and an estimated arrival date based on their schedule. Please note: once we hand over the package to a mail boat or third-party shipper for inter-island delivery, that shipper is responsible for transporting it to you. We’ll provide any tracking or reference information we can, and we will coordinate with you so you know how to collect it when it arrives on your island.
Delivery Fees: (If applicable) Delivery within New Providence may incur a small delivery fee to cover fuel and time, which we will inform you of at the time of ordering (or it will be calculated at checkout). For some orders or promotions, we might offer free delivery – for example, we may waive the fee if your order total exceeds a certain amount. If any delivery fee applies, it will be clearly communicated before you confirm your order. For Family Island deliveries via mail boat or courier, you would typically pay the shipping cost to that carrier upon pickup or delivery on your end (we do not usually charge it upfront, as it’s handled by the shipping service). We will discuss these details with you if relevant.
Customer’s Delivery Responsibilities: When choosing delivery, please provide an accurate and complete delivery address. If there are any special instructions (e.g., a particular landmark, or if the address is hard to find), let us know to help ensure smooth delivery. Someone should be available to receive the package at the agreed delivery time. If you know you won’t be home, you can designate someone (like a family member or neighbor) to receive it on your behalf – just inform us in advance whom to expect. Upon delivery, we may ask for a signature or identification to confirm receipt.
Missed Deliveries: If we attempt a delivery at the agreed time and no one is present to receive the package, we will try to contact you immediately to see if you can meet us or if someone else can accept delivery. If we cannot complete the delivery, we will return the item and work with you to reschedule another attempt. Please note that if we have to make multiple delivery attempts due to incorrect address information or repeated unavailability, we reserve the right to charge an additional delivery fee for the extra trips. In some cases, we might ask you to switch to local pickup if scheduling a delivery proves difficult. Our goal is to get your order to you as efficiently as possible, so we will communicate with you to find the best solution.
Delivery Delays: While we try to be punctual, occasionally delays can occur. Traffic conditions, weather, or unexpected events might impact our delivery schedule. We ask for your understanding in such cases. We will not hold liability for delivery delays caused by circumstances beyond our control (such as traffic jams, vehicle issues, or severe weather events), but we will notify you as soon as possible if a delay arises and will arrange a new delivery time if needed.
Condition of Goods upon Delivery: We take care to transport your items safely. When delivered by our team, your order will be in good condition leaving our facility. We encourage you to inspect your items upon pickup or delivery. If you notice any significant damage or error at the time you receive the product, please inform us immediately. For deliveries handled partly by third parties (like inter-island shipping via mail boat or courier), Shop Decality is not liable for loss or damage that occurs while the product is in transit with those carriers. We do pack items securely, but once we hand off a package to a third-party shipper, it is out of our direct control. If your item arrives via a third-party service and has been damaged or lost in transit, please contact the shipping carrier to file a claim for insurance or compensation. That said, we care about our customers – if such a situation occurs, notify us as well. We will assist you in contacting the carrier, and we will try to help resolve the issue within our capacity (for example, we may re- make the product for you at a discounted rate or help you with the claim process). Our priority is that you get the product you ordered in good condition.
Return and Refund Policy
Due to the personalized, made-to-order nature of our products, our return and refund policy is limited. We want you to be happy with your purchase and will correct any mistakes on our part. However, because custom items cannot be resold, we have to enforce a strict policy in most cases:
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No Returns on Custom Products (Unless Defective): Custom-made items are generally non- returnable and non-refundable. Once we have created a decal or printed item to your specifications, it is yours. We cannot accept returns or issue refunds if you simply change your mind, ordered the wrong item/size, or decide you do not like the product for reasons other than an error on our part . In other words, all sales are final except in the case of defects or mistakes made by us in production.
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Defects / Seller Errors: If we made a mistake with your order or if the product arrives damaged or defective due to an error on our end, we will make it right. Eligible situations for replacement or refund include, for example: we printed the wrong design or text compared to what you ordered; the item has a manufacturing defect (such as a mis-cut or print flaw); or it was damaged significantly before reaching you (for instance, we gave you the wrong item or it got damaged during our delivery). In these cases, we will offer you a replacement or a full refund at our discretion, provided you follow the steps below. Our aim is to either remake the product correctly or refund your purchase, as appropriate.
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Reporting an Issue: If you believe your product is defective or incorrect due to our error, you must inform us within 7 calendar days of receiving the item. Please inspect your items promptly upon pickup or delivery. If there is a problem, contact us by email, phone, or WhatsApp as soon as possible, but no later than 7 days after you received the product. In your report, please describe the issue and include clear photos of the damage or error. Photo evidence is required in order to validate the claim (for example, a photograph of the decal showing the defect, or the incorrect text, etc.). This helps us verify the problem and understand what went wrong.
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Resolution Process: Once you contact us with a claim of damage/defect, we will review the information and respond quickly (typically within 1-2 business days). We may ask for additional details or clarification if needed. If we determine that the fault is ours (e.g., a production error or damage that occurred before you received the item), we will arrange a remedy for you. Our usual resolution is to remake and replace the item at no extra cost to you, or to provide a full refund, depending on your preference and the situation. We may ask you whether you prefer a replacement or refund, and we will accommodate if possible. If a replacement is chosen, we will prioritize remaking your item and get it to you as soon as we can (typically using the same shipping method you originally selected, at our expense). If a refund is to be given, we will process it back to your original payment method. In either case, we aim to complete the remedy within a reasonable time frame – generally, we will reproduce or refund your order within 5 days of verifying that we made an error.
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Return of Defective Item: In some cases, we might request that you return the defective or incorrect item to us, especially if the issue is complex or if we need to inspect the item. We will let you know if a return is needed; typically for small decals or low-cost items, we do not require a return, but for higher-value items we might. If we do ask for a return, we will cover any return shipping costs. We will either send you a prepaid shipping label or arrange a pickup of the item, so you don’t incur additional expense. Please save the item (and all packaging, if applicable) until we let you know if a return is necessary – often photos are sufficient, but sometimes we might need the actual product back. Once we receive the returned item (if we requested it) or once we have verified the issue through photos, we will proceed with the replacement or refund process immediately.
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Damage in Transit: (This mainly applies if an item was shipped via a third-party courier, since if we hand-delivered it, any damage would fall under “seller error”). If your order was shipped to you via a mail service or courier and arrives damaged, please document the damage and notify us within 7 days as well. While the situation may have been out of our control, we will assist in filing a claim with the carrier. In some cases, if the item is severely damaged, we might choose to replace it for you and handle the claim with the carrier ourselves – our priority is you receiving a quality product. We will discuss options with you in such cases. (If we do replace an item that was damaged by a carrier, we may require you to return or surrender the damaged item to us or the carrier as part of the claims process, which we will coordinate and cover.)
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Exceptions: Please note, the above policy covers issues that are objectively due to our mistake or a product defect. We cannot honor returns or free reprints for subjective issues such as a change of preference (e.g., you decided you wanted a different color or size after receiving the item), or issues that arise from incorrect information provided by the customer. For instance, if the decal’s text is spelled incorrectly but the spelling we received from you was incorrect, that is not considered our error. Similarly, slight color variations or minor imperfections that are normal in custom manufacturing will not qualify as defects. We do our best to deliver a perfect product, and any issue that genuinely impacts the use or appearance of the product beyond normal expectations will be treated seriously.
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How to Contact for Returns: To report a problem or request a refund/replacement, you can reach out to us through the following: (Here you would insert the contact email, phone number, or a contact form link for the business). Please include your order number, a description of the issue, and photos as mentioned. We will respond and guide you through the next steps.
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Return Shipping Costs: As stated, if a return of the product is required and the issue was our fault, ShopDecality will pay for all return shipping or pickup costs.If the item needs to be shipped back, we will provide you a prepaid label or reimburse your shipping expense. You will not be out-of- pocket for receiving a defective or incorrect item. Conversely, if a return were to be arranged for a non-defective product (in an exceptional customer service gesture, for example), we might ask the customer to cover shipping – but under our standard policy, such returns are not accepted anyway. In any case, we will make sure that a customer who received a faulty product does not bear the cost of returning it.
- Outcome: Our goal is to have every customer satisfied with their purchase. If we verify that the product you received was defective or not as ordered, we will either remanufacture and send you a new one or issue a full refund, at our discretion (often guided by your preference). We take pride in our work and will stand behind our products when we are at fault. That said, our liability for any issues will not exceed the original purchase price of the product in question , as explained in Limitation of Liability below.
Intellectual Property
We respect intellectual property rights and expect our users to do the same. There are two aspects to intellectual property in our context: (1) the content and designs provided by Shop Decality (our website content, our brand, and any designs we create), and (2) the custom designs or content you, the customer, provide to us for printing. Below are our policies for each:
- Our Content and Branding: All content on the ShopDecality.com website – including but not limited to the text, descriptions, images, graphics, logos, icons, and site design/layout – is the property of Shop Decality or our content suppliers, and is protected by copyright, trademark, and other intellectual property laws. This also includes any original design templates, artwork, or sample images that we display on the site or in our portfolio. Shop Decality (the name) and our logo and slogans are our trademarks/service marks. You may not use, reproduce, distribute, modify, or republish any content from our website or marketing materials without our prior written permission. We grant you a limited license to access our website for personal use (for example, to read content and place orders). However, you are not allowed to download (other than page caching) or copy any material for commercial use, nor use our company name, logos, or graphics as part of any business endeavor without consent. If you wish to share something from our site (such as an image or text) for non-commercial, personal purposes (e.g., sharing a product photo on social media), you may do so as long as you credit Shop Decality or link back to our website, and do not remove or alter any copyrights or watermarks. Any unauthorized use of our intellectual property is strictly prohibited and may result in termination of your access to our services, as well as legal action if necessary.
- Your Custom Designs: We greatly value the creativity and input you bring when you order custom products. When you provide a design, image, logo, or any artwork to us for the purpose of creating a product, you retain all ownership rights to your original design. In other words, if you send us a logo or graphic you created or own, it remains your intellectual property – we do not claim ownership of it. We will not resell or use your custom design for other customers’ orders without your permission. The files or artwork you submit are used solely to fulfill your order and for record-keeping. However, by submitting your design to us, you grant Shop Decality a license/ permission to use that design to produce the product you requested (which is obvious, but we need to state it) and to display or photograph the finished product for promotional purposes (for example, showcasing your custom decal on our website, social media, or portfolio as an example of our work), unless you explicitly request us not to. We love to show off the cool custom pieces we make, but we also respect your privacy and any proprietary concerns – so if you prefer that we do not share images of the product we made for you (perhaps because it’s a personal photo or a company’s proprietary logo), just let us know and we will honor that request.
When providing us with content for a custom order, you must ensure you have the necessary rights to use that content. You represent and warrant that everything you submit (text, graphics, logos, etc.) is either your own original work or you have obtained all permissions/licenses required to use it. We are not responsible for any copyright or trademark infringement that might occur due to the materials provided by customers – the responsibility lies with the customer to only submit lawful and authorized content. If we suspect that a submitted design infringes on someone else’s intellectual property (for instance, if you upload a famous cartoon character or a copyrighted logo that you likely don’t have rights to), we reserve the right to refuse the order and will inform you of the reason. We may ask for proof of permission if applicable. Similarly, we will not print content that we consider to be offensive, defamatory, or unlawful. By placing a custom order, you agree to indemnify and hold Shop Decality harmless from any claims or damages arising from intellectual property violations or illegal content in the materials you provided (see also User Conduct and Limitation of Liability).
In summary, you own your stuff, we own our stuff. We each agree to use the other’s content only as permitted: you use our site content for your personal use, and we use your submitted content only to make your product (and possibly to promote our services, unless you opt out of that). Both parties agree not to misuse the other’s intellectual property rights.
User Conduct
When using our website or interacting with our services, we expect all users to behave lawfully and respectfully. You agree not to misuse ShopDecality.com or violate any laws in connection with using it. Prohibited activities include (but are not limited to) the following:
- Illegal or Fraudulent Use: You must not use the website for any unlawful purposes or to further any illegal activity. This means no engaging in fraud, deception, or crime via our services, and no using our site to transmit or store illicit materials.
- Unauthorized Access and Interference: You agree not to attempt to gain unauthorized access to any portion of our website, servers, or systems. Do not hack, probe, or breach our security measures. Likewise, you must not interfere with the normal operation of the site or the servers that host it. Any attempt to disrupt our service or degrade its performance (such as through hacking, denial-of-service attacks, or other sabotage) is strictly prohibited.
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Malicious Code: You must not upload, transmit, or distribute any viruses, malware, spyware, Trojan horses, worms, or any other malicious or technologically harmful code through our site. This includes any content that could disrupt or harm the website’s functionality or other users’ devices. If you do so, it would not only breach these Terms but could also constitute a criminal offense under law. We will report such violations to law enforcement authorities and cooperate with them by disclosing your identity and any other information necessary if you engage in such behavior.
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Content Restrictions: You must not post or transmit through our site any content that is offensive, obscene, defamatory, or otherwise objectionable. This includes hate speech, harassment, pornography, or any material that violates the rights of others (such as their privacy or intellectual property rights). While our website might not have public forums or user-generated content sections beyond placing orders, this rule applies to any interaction you have with us (e.g., in order notes, messages, or social media on our pages). Keep communications civil and lawful.
- Intellectual Property Violations: As noted in the Intellectual Property section, you must not use our website to infringe on anyone’s intellectual property. Do not upload or request us to print any material that you do not have the right to use. Also, do not attempt to scrape, reproduce, or exploit any content from our site for commercial purposes without permission.
- Spam and Unsolicited Communications: You agree not to use our site to send unsolicited marketing or promotional materials. This means no posting or transmitting spam, junk mail, chain letters, pyramid schemes, or any form of mass unsolicited communications through or about our services .You also agree not to collector harvest any information about other users or our business (such as email addresses) for the purpose of sending spam or other unrequested communications.
- Impersonation and False Information: Do not impersonate any person or entity, or misrepresent your affiliation with anyone, when using our site (for example, do not create a false identity to trick others). Also, when entering information (such as during checkout or account creation), you must provide truthful and accurate information. You cannot use false contact details or payment information that you are not authorized to use.
- Harassment or Abuse: You must not harass, bully, or threaten any of our staff members or other customers. We have zero tolerance for abusive language or behavior in any communications. Treat others with respect and you will be treated the same.
We reserve the right to terminate or restrict your access to ShopDecality.com if you violate any of the above rules or engage in any behavior that we, in our discretion, deem harmful to the company or other users. In serious cases (such as fraud, hacking, or any illegal activity), we may also take legal action against you or report the matter to appropriate authorities. We want our website to be safe and enjoyable for everyone, so please use it responsibly.
(Please note: For normal, well-intentioned customers, these rules are usually not an issue – they’re here to protect against bad actors. If you ever have any questions about what is allowed, feel free to contact us.)
Disclaimer of Warranties
Shop Decality provides the website and all products and services on an “as is” and “as available” basis. This means that your use of our site and purchase of our products is at your own risk. To the fullest extent permitted by law, we do not make any warranties (promises) of any kind – whether express (explicitly stated) or implied – about the website or the items you purchase, except as expressly provided in these Terms. We expressly disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In plain language, we are not making blanket promises that the product will meet all of your subjective expectations or that the website will always be perfect.
For the products you purchase, we guarantee that we will produce them as described in your order and that they will be free of significant defects as outlined in our Return Policy (and if not, we will fix issues per that policy). However, aside from that explicit warranty, we make no further warranties. For example, we do not warrant that the materials of the product will last any specific length of time or that they will be suitable
for every particular use you might have in mind. Any technical advice we provide (such as how to apply a decal) is for informational purposes and does not constitute a warranty.
For the use of our website, we do not guarantee that the site will be available at all times, uninterrupted, or error-free. Downtime, delays, or technical glitches may occur. We do not warrant that any errors on the site (like a typo or an inaccurate product listing) will be immediately corrected, though we strive for accuracy. We also do not warrant that the site is free of viruses or other harmful components (though we certainly aim to keep everything secure and clean). You are responsible for using up-to-date devices and software (including antivirus protection) when accessing the internet.
No information or advice, whether oral or written, obtained by you from us (outside of an express written warranty, such as our commitment in the Return Policy) shall create any warranty or guarantee not expressly stated in these Terms. To summarize, aside from our specific promises to replace defective products as stated above, we provide our services “as is” without any broad warranties, and you accept that risk.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you in full. But in such case, the disclaimers shall apply to the greatest extent permitted by applicable law.
Limitation of Liability
Limit on Types of Damages: To the fullest extent permitted by law, Shop Decality (including our owners, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or purchase of our products. This means that if something goes wrong, we are not responsible for losses that are not directly caused by our breach or that are beyond our control. For example, we will not be liable for things like: loss of anticipated profits or revenue, loss of business opportunities, loss of data, damage to your equipment, costs of obtaining substitute products or services, or any similar incidental or consequential losses, even if we were aware such damages might be possible. We are also not responsible for any harm or damages caused by events beyond our control (such as force majeure events, third-party actions, etc.).
Maximum Liability Amount: In any case and under any theory of liability, if we are found liable to you for any claim or dispute arising from your use of our services or purchase of our products, our total cumulative liability will not exceed the amount you paid to Shop Decality for the specific product or service that gave rise to the claim. For example, if you purchased $50 worth of decals and you have a claim about those decals, our potential liability is capped at $50 (the amount you paid). This limitation applies whether the claim is based on contract, warranty, tort (including negligence), or any other legal theory.
Release of Liability for Delivery Delays/Issues: As noted in our Delivery Policy, we are not liable for delays or failures in delivery or pickup caused by circumstances outside our control. Similarly, we are not liable for any damage or loss to products after they have been delivered to you or to a third-party carrier (in the case of inter-island shipping). Once the product is in your hands (or the hands of a carrier you’ve authorized), you assume all risk of damage or loss. We will, of course, assist in remedying situations where possible (per our policies), but we will not compensate for consequential losses stemming from such events.
Third-Party Services: Occasionally, our website or communications might contain links to third-party websites or services (for example, a link to a payment processor, or a social media page). We are not responsible for any third-party services or content, and we will not be liable for any issues arising from your use of them. Those third parties have their own terms and privacy policies, and you should review those if you choose to interact with them.
Indemnification: You agree that if your misuse of our site or violation of these Terms causes harm to us or results in a claim against us by someone else, you will indemnify (compensate) us for all losses, damages, liabilities, and expenses (including legal fees) that result from such claim. For example, if you provide a design that infringes someone’s copyright and they sue us, you would be responsible for the costs and damages, because you breached the representation that your content didn’t infringe rights.
No Liability for Unforeseen Issues: We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Additionally, while we aim for an excellent user experience, you acknowledge that the internet and technology are not perfect – there might be times when the website is down, information is lost, or errors occur. We shall not be liable for slight deviations or errors that do not materially affect the core of our service to you.
Consumer Rights: Nothing in these Terms is intended to exclude or limit any legal rights you have as a consumer under The Bahamas’ laws. Some liabilities cannot be limited by law, so where that is the case, those legal requirements take precedence over any conflicting term here. The foregoing limitations of liability apply to the fullest extent permitted by applicable law, and they do not affect any liability that cannot be excluded or limited under applicable law. If a court finds that certain parts of these liability limitations do not apply to a particular claim, the rest of the limitations shall still apply to the extent possible.
In summary, our liability to you is limited. We will fix our mistakes (per our Return Policy), or refund/replace as agreed. But beyond that, we do not accept financial responsibility for damages beyond the cost of your order, and we won’t be responsible for things we could not reasonably foresee or prevent. This allocation of risk is reflected in the pricing of our products and is a fundamental part of this agreement between you and us.
Governing Law
This Agreement (Terms of Service) and any separate agreements or policies referenced herein shall be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas, without regard to its conflict of law provisions. By using our website or purchasing our products, you agree that any dispute, claim, or controversy arising out of or related to these Terms or your use of the services will be subject to the laws of The Bahamas.
Furthermore, you agree to submit to the jurisdiction of the courts of The Commonwealth of The Bahamas for the resolution of any disputes. In the event of any disagreement or legal action between you and Shop Decality, such matters shall be brought in the appropriate courts located in The Bahamas (except to the extent we both agree to an alternative dispute resolution method such as arbitration, or another venue, if applicable). You consent to the personal jurisdiction of these courts and waive any objections on grounds of venue or inconvenient forum, to the extent permitted by law. Please note that our services are intended to be used by residents of The Bahamas or those doing business within The Bahamas. We make no representations that the content of the site or our products are appropriate or available for use in other locations. If you access the site from outside The Bahamas, you do so on your own initiative and are responsible for compliance with any local laws that may apply.
Miscellaneous
(The following are additional standard terms to clarify the legal relationship. They help ensure that even if one part of these Terms is invalid, the rest remains in effect, etc.)
- Entire Agreement: These Terms of Service, along with any policies or guidelines referenced herein (such as the Privacy Policy, if applicable), constitute the entire agreement between you and Shop Decality regarding your use of our website and services. It supersedes any prior or contemporaneous communications and proposals, whether oral or written, between you and us regarding the subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by us.
- Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall continue in full force and effect. In other words, if one part is void, it does not void the entire agreement.
- No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If we do not act immediately in response to a violation of these Terms, it does not mean we are giving up our right to act in the future or on similar issues.
- Assignment: You may not assign or transfer any of your rights or obligations under these Terms to any third party without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law.
- Headings: The section titles and headings in this Terms of Service are for convenience only and have no legal or contractual effect. They are intended to make the document easier to read.
- Contact Information: If you have any questions or concerns about these Terms of Service, or need to reach us for any reason, please contact us at: [Contact Email] or [Contact Phone Number]. (Replace with actual contact details.) We value our customers and are here to address any issues or clarify any points in these Terms.
Thank you for taking the time to read our Terms of Service. We know it’s a lot of information, but we believe in transparency and ensuring our customers understand their rights and responsibilities. By adhering to these terms, both you and Shop Decality are protected, allowing us to focus on what we do best – providing you with awesome custom decals and printed products!
By using ShopDecality.com or placing an order, you hereby acknowledge that you have read, understood, and agreed to these Terms of Service. Happy customizing, and we appreciate your business!