USER AGREEMENT & POLICIES
What this Agreement Covers
This Agreement governs your use of the Site and the Haberdash service (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
Intellectual Property Rights of Haberdash and Third Parties
Designs created using the text tools and graphics available through the site are in no way the exclusive property of the customers who assemble such designs. Haberdash retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, Haberdash has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Haberdash production.
You agree to not use the Haberdash Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Haberdash accepts online payment via credit card, debit card, PayPal or Google Pay. All payments sent electronically are securely transmitted.
Haberdash’s orders are generally delivered within 14 days. Customers who are concerned about meeting deadlines should place an order with a sales rep directly by sending an email to email@example.com. Note: Pricing and minimums for orders not placed through the website are subject to change and will not necessarily match those offered through the Haberdash site.
Haberdash goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, Haberdash accepts returns and will refund payment if and when customers are disappointed by Haberdash merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer. If a factory defect is found on a single item (such as a hole in the fabric), Haberdash will issue a refund for the defective item.
For Standard Delivery orders, you may cancel your order within twenty-four (24) hours of submitting your order.
For Rush Delivery orders (any order requiring faster delivery than a Standard Delivery order), you may not change or cancel your order.
Limit of Haberdash Responsibility
Haberdash will be responsible for acting only on those instructions sent to Haberdash.Shop that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Haberdash is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Haberdash is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". Haberdash does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will Haberdash be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Haberdash, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Intellectual Property Claims
Haberdash respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of Haberdash.shop, please provide written notice to the following agent for notice of claims of infringement:
207 N. Davis Ave
Richmond VA, 23220
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
You agree to defend, indemnify and hold Haberdash and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of Haberdash’s Site and the Service, your violation of this Agreement, or your violation of any rights of another.
This Agreement shall be governed by the laws of the Commonwealth of Virginia and, where applicable, by federal law.