WELCOME to down SOUTH decor & gifts formerly craftee by design ~ FREE SHIPPING ON ALL ORDERS OVER $100 with code IWANTITALL

Terms and Conditions

Terms and Conditions
Agreement between User and downsouthdecorandgifts.com
Welcome to downsouthdecorandgifts.com. The downsouthdecorandgifts.com website (the "Site") is comprised of
various web pages operated by down SOUTH ("dS"). downsouthdecorandgifts.com is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of downsouthdecorandgifts.com constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
downsouthdecorandgifts.com is an E-Commerce Site.
downsouthdecorandgifts.com sells handmade, hand designed and hand picked home décor and lifestyle
products to online customers for use in their home and daily life.
Privacy
Your use of downsouthdecorandgifts.com is subject to dS's Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting downsouthdecorandgifts.com or sending emails to dS constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that dS is not responsible for third
party access to your account that results from theft or misappropriation of your account. dS and
its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
Children Under Thirteen
dS does not knowingly collect, either online or offline, personal information from persons under
the age of thirteen. If you are under 18, you may use downsouthdecorandgifts.com only with permission of
a parent or guardian.
Cancellation/Refund Policy
At down SOUTH decor & gifts we want you to be 100% happy with your product, if you have any concerns
with the quality of your product please contact us at heyfriend@downsouthdecorandgifts.com and give us the
chance to make it right.
Please keep in mind that all of our handmade products are made from wood and made by humans
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so therefore each item will be unique and the wood used can, and will, have its own unique
qualities and will "take" stain differently therefore actual stain colors may vary from piece to piece.
Any and all of these qualities are considered to be character in the product and will be celebrated
as so ;)
Return shipping costs may be the responsibility of the customer if the problem did not occur during
shipping or due to our error. Custom/personalized products may NOT be returned. However, if
there is an error on OUR part or if there is damage that occurred during shipping it will be fixed for
you ( you may be asked to send proof of damage via photos of the damaged products as well as
the damaged packaging ). Customer may also be responsible for re-shipping costs associated with the replacement products.
Links to Third Party Sites/Third Party Services
downsouthdecorandgifts.com may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of dS and dS is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. dS is providing these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by dS of the site or any association with its operators.
Certain services made available via downsouthdecorandgifts.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
downsouthdecorandgifts.com domain, you hereby acknowledge and consent that dS may share such
information and data with any third party with whom dS has a contractual relationship to provide
the requested product, service or functionality on behalf of downsouthdecorandgifts.com users and
customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
downsouthdecorandgifts.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to dS that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of dS or its suppliers and
protected by copyright and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
dS content is not for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal use, and
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will make no other use of the content without the express written permission of dS and the
copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of dS or our
licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
dS has no obligation to monitor the Communication Services. However, dS reserves the right to
review materials posted to a Communication Service and to remove any materials in its sole
discretion. dS reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
dS reserves the right at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in dS's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. dS does not control or endorse the content, messages or
information found in any Communication Service and, therefore, dS specifically disclaims any
liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized dS
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spokespersons, and their views do not necessarily reflect those of dS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to downsouthdecorandgifts.com or Posted on Any dS Web Page
dS does not claim ownership of the materials you provide to downsouthdecorandgifts.com (including
feedback and suggestions) or post, upload, input or submit to any dS Site or our associated
services (collectively "Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting dS, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. dS
is under no obligation to post or use any Submission you may provide and may remove any
Submission at any time in dS's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your dS account to third party accounts. By connecting your dS
account to your third party account, you acknowledge and agree that you are consenting to the
continuous release of information about you to others (in accordance with your privacy settings on
those third party sites). If you do not want information about you to be shared in this manner, do
not use this feature.
International Users
The Service is controlled, operated and administered by dS from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for compliance with
all local laws. You agree that you will not use the dS Content accessed through
downsouthdecorandgifts.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless dS, its officers, directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's
fees) relating to or arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your violation of any rights
of a third party, or your violation of any applicable laws, rules or regulations. dS reserves the
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right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully cooperate with dS in asserting any
available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and dS agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form of a representative
or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DOWN SOUTH DECOR AND GIFTS AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DOWN SOUTH DECOR AND GIFTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
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INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
DOWN SOUTH DECOR AND GIFTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DOWN SOUTH DECOR AND GIFTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF DOWN SOUTH DECOR AND GIFTS OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
dS reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of North Carolina and you hereby consent
to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and dS as a result of this agreement or use of the Site. dS's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement is in derogation
of dS's right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by dS with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
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Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and dS with respect to the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and dS with respect to the
Site. A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be written in English.
Changes to Terms
dS reserves the right, in its sole discretion, to change the Terms under which downsouthdecorandgifts.com
is offered. The most current version of the Terms will supersede all previous versions. dS
encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
dS welcomes your questions or comments regarding the Terms:
down SOUTH
p.o. box 243
McLeasnville, North Carolina 27301
Email Address:
heyfriend@downsouthdecorandgifts.com
Telephone number:
3362156182
Effective as of March 02, 2019
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