Last Updated: February 28, 2023
These Terms and Conditions (“Terms”) govern your access to and use of the Harper & Bright Designs® website, including any content, products, and services offered on or through our website located at http://www.harper-bright-designs.com (the “Site”), by Harper & Bright Designs® (“we” or “us”).
Please read these Terms carefully before using our Site. By accessing or using any part of the Site, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site.
Any new features, tools, or resources added to the Site will also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update or change these Terms by posting updates here. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms.
These Terms were last updated on the date listed at the top of this page. Changes are effective immediately after posting.
1. Eligibility and Registration
You must be at least 18 years of age to access or use the Site in any way.
Certain areas and features of the Site are available only to registered users. You may be required to register with us in order to access these features.
When registering for an account, you agree to:
- Provide accurate, current, and complete account information about yourself as required by the registration process
- Maintain and promptly update any account information to keep it accurate, current, and complete
- Maintain the security of your login credentials and restrict access to your account
- Accept full responsibility for any and all activities that occur under your account
- Immediately notify us of any unauthorized account use or other security breach
We reserve the right to suspend or terminate accounts that provide inaccurate, fraudulent, or incomplete information.
2. Ordering Products
We make every effort to provide current product availability information on the Site for products offered via the Site; however, products may sell out quickly.
Product pricing and availability are subject to change without notice. The price you pay will be the price displayed at the time you place your order.
By placing an order on the Site, you represent that you are at least 18 years old and are legally capable of entering into contracts.
Your receipt of a product confirmation email does not signify our acceptance of your order. We reserve the right, without prior notification, to limit the order quantity of any product and/or refuse service to any customer. Verification of information may be required prior to accepting an order.
3. Payment
All purchases are subject to authorization by your payment provider. If your payment cannot be authorized or settled, your order may be cancelled and any submitted order may be voided.
You agree to pay all charges owed pursuant to your account at the prices in effect when such charges are incurred, including applicable taxes. We reserve the right to correct any errors or mistakes even if we have already requested or received payment.
Returned checks or payments with insufficient funds will incur a fee. We reserve the right to place a hold on your account for charges owed. If you fail to pay any charges owed, we reserve the right to suspend or terminate access to the Site.
4. Shipping & Delivery
We process and ship orders Monday through Friday, except on holidays. We will make reasonable efforts to ship your order according to any delivery estimates provided, but order processing and delivery may be delayed or prevented by factors outside of our control.
We reserve the right to cancel your order if it is unavailable or cannot be shipped timely. If your order is cancelled, we will issue a refund. We are unable to deliver to P.O. boxes.
Risk of loss for shipments passes to you upon our transfer of products to the carrier. Shipping charges will be displayed at checkout based on order destination, and will be charged to your original form of payment. We reserve the right to adjust quoted shipping rates.
You are responsible for inspecting shipments and reporting any damage or shortages immediately. Signature may be required for delivery of certain products or orders. By signing to accept an order, you are accepting the order in satisfactory condition per our shipment records.
For made-to-order products, you will be contacted if any delays arise which would impact our original estimate for delivery or production.
5. Returns & Exchanges
If you are dissatisfied with your purchase, you may be eligible for a refund, exchange, or credit. Refunds are processed within 3-5 business days of our receiving the return.
To be eligible for a return, products must be unused and in original condition with original packaging and materials. Custom, made-to-order, or personalized products are non-refundable.
To start a return, please contact us within 30 days of delivery. You will be provided with a return shipping label or address, and refunds or credits will be issued once the return is received.
We reserve the right to refuse or reject any return that does not meet our return requirements, appears used or damaged, or for any other reason subject to our discretion. You are responsible for all shipping and handling fees on returned items. We are unable to make exchanges on sale items.
All refunds are issued to the original form of payment used at time of purchase. Processing and actual delivery times for refunds can vary depending on payment method.
We are not responsible for lost or stolen return shipments. We recommend using a carrier that offers shipment tracking for returns.
6. Product Warranty
We offer limited warranties on our products. Please refer to your product listing and description for warranty duration and coverage details.
If you have an eligible warranty claim, please contact us to initiate an RMA (Return Merchandise Authorization) claim. We will provide a return address or replacement instructions.
Repairs or modifications made by parties other than us may void your product warranty.
7. Use of Site & Content
You may download and view individual pages and related content from the Site for personal, informational, and shopping purposes only. You may not modify, copy, distribute, transmit, display, reproduce, reuse, re-post, license, sell, or otherwise use any Site pages or content in any way without our prior written permission.
Product specifications, availability, pricing, and promotions are subject to change without notice. Features, dimensions, and appearance of products may vary slightly from images shown. We make reasonable efforts to accurately display colors, finishing, and details of products, but actual colors may vary based on your monitor and settings.
8. User Content
You grant us a royalty-free, perpetual, non-exclusive license to use any comments, suggestions, feedback, ideas, photos, videos, or other content you choose to contribute to the Site. This allows us to use your content in any way to improve our Site, products, promotions, and customer experience.
Any content you submit must comply with applicable laws. Any submissions containing threatening, offensive, defamatory, obscene or otherwise unlawful content are strictly prohibited and subject to immediate removal.
9. Accounts and Passwords
You are fully responsible for protecting your password and account access. We recommend using a unique password and not sharing your login details with others. Any unauthorized account use is in violation of these Terms.
You may modify or delete your account at any time by contacting customer support. However, we reserve the right to suspend or terminate accounts at any time if suspicious activity is detected or these Terms are violated. We are not liable for any loss or damage arising from your inability to access an account.
10. Acceptable Use
Your access and use of the Site must be for lawful, authorized purposes in compliance with these Terms. You are solely responsible for ensuring compliance with all applicable laws and regulations.
You may not access or use the Site to:
- Violate any applicable laws or regulations
- Infringe copyrights, patents, trademarks, rights of privacy, rights of publicity or other proprietary rights
- Post or distribute spam, unsolicited emails, or chain letters
- Distribute viruses, corrupted files or code
- Harass or engage in predatory behavior towards any person
- Misrepresent your identity or provide false information
- Access restricted content through password mining, hacking, or other means
- Engage in commercial activities unrelated to the Site (e.g. solicitation)
- Copy, modify, distribute, reverse engineer, or alter any part of the Site
We reserve the right to suspend or terminate any account or block access by any user who violates these Terms or engages in any illegal or fraudulent activity.
11. Intellectual Property
The Site design, text, graphics, interfaces, images, audio/visual works, logos, titles, trademarks, and service marks are owned by us and protected by copyright, trademark and other laws.
All product names, brands, and other trademarks mentioned on the Site are property of their respective trademark owners. Permission is required to use our trademarks or logos in any way.
You may not modify, reuse, reproduce, duplicate, copy, distribute, sell, or otherwise exploit any portion of the Site or its content without our express written permission.
12. Disclaimers
Your access and use of the Site is at your own personal risk. The Site and all its content are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind, express or implied.
We make no representations or warranties that the Site, its content, or products on it are appropriate in all jurisdictions or geographic locations. Access and use may be prohibited or restricted in some areas based on applicable laws and regulations.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND REGARDING THE SITE, CONTENT, OR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM DEFECTS OR VIRUSES, UNINTERRUPTED SERVICE, DELAYS, LOSS OF DATA, OR MISAPPROPRIATION, AND ANY WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
THE SITE, CONTENT, AND PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATIONS OR WARRANTIES FOR HEALTH, SAFETY, OR SUITABILITY FOR ANY SPECIFIC USES OR PURPOSES. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE QUALITY, SAFETY, AND SUITABILITY FOR ANY USE.
WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAILS SENT BY OR ON OUR BEHALF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability
IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, CONTENT CONTRIBUTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE SITE, PRODUCTS SOLD, OR CONTENT ON THE SITE. THIS LIMITATION APPLIES REGARDLESS OF LEGAL THEORY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION IS TO DISCONTINUE USING THE SITE. OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SITE IS LIMITED TO THE GREATER OF $100 OR THE TOTAL FEES RECEIVED BY US FROM YOUR USE OF THE SITE IN THE PAST YEAR.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnification
Upon our request, you agree to defend, indemnify, and hold harmless us, our officers, directors, employees, affiliates, agents, contractors, partners, service providers, suppliers, and licensors from any liability, claim, demand, loss, damages, or expenses, including reasonable attorney fees, related to your violation of these Terms or use of the Site.
15. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions of these Terms.
16. Modifications
We reserve the right to modify these Terms at any time by posting the revised Terms on the Site. All modifications will be effective once posted. You are responsible for reviewing and becoming familiar with any modifications.
You may not modify these Terms except by explicit written consent of both parties.
17. Governing Law
These Terms and your access to and use of the Site will be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles.
Any legal action against us related to these Terms or the Site must be filed and take place in San Diego County, California. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
18. Assignment
We may assign our rights and obligations under these Terms at our sole discretion to any company or entity without notifying you. You may not assign your rights under these Terms without our express prior written consent.
19. Integration
These Terms constitute the entire agreement between you and Harper & Bright Designs® related to the Site and supersede any prior or inconsistent agreements, representations, or warranties.
20. Questions
If you have any questions, comments, or concerns about these Terms or the Site, please contact us at:
Harper & Bright Designs®
Supplemental Policies
Certain areas and aspects of the Site may be subject to additional posted policies, procedures, rules, terms, or conditions. These supplemental policies are incorporated by reference into these Terms.
Product Listings
Product specifications and availability may change without notice. Harper & Bright Designs® makes reasonable efforts to accurately display colors, finishes, and product photography/descriptions. However, actual colors and/or variations may occur due to monitor, photo editing, and other factors.
When ordering a product online, carefully review your order confirmation. You are responsible for identifying any errors or discrepancies before finalizing and submitting your order.
Made-to-Order Products
Made-to-order products cannot be returned or exchanged unless damaged or defective upon receipt. We reserve the right to substitute materials or adjust finishing in the event certain materials become unexpectedly unavailable.
You will be contacted regarding any delays to estimated production and shipping timeframes provided during the ordering process.
Custom or personalized orders may require a non-refundable deposit prior to production. Your remaining balance will be charged once the order is ready to ship.
Product Reviews
We value your feedback on products you purchase. You hereby grant us a perpetual, royalty-free license to publicly display any reviews, comments, or ratings you voluntarily submit.
We reserve the right to remove or reject inappropriate reviews at our sole discretion. Reviews should solely reflect your honest experience with our products.
Loyalty Programs
We offer loyalty programs allowing members to earn points, discounts, and rewards. Program terms and conditions apply. Rewards and redemption options are subject to change without notice.
Points earned or awards granted may be subject to expiration over time. Account inactivity and other factors may also lead to expiry.
Sweepstakes & Contests
Official rules apply to all sweepstakes, giveaways, contests, prize draws, or similar promotions offered on or through the Site. All applicable federal, state, local, and municipal laws apply.
Participation constitutes your full and unconditional agreement to and acceptance of official rules. By entering a sweepstakes or contest, you consent to reasonable use of your voice, likeness, tweets/posts, and information for promotional purposes by sponsor and prize providers without further compensation where permitted by law.
Winners are solely responsible for all applicable taxes related to prizes. Failure to pay applicable taxes or properly complete required documentation can result in forfeiture of prizes.
Violations & Enforcement
We reserve the right to seek all remedies under law and equity for violations of these Terms, including suspending or terminating your account access. Failure to comply with applicable laws will result in immediate account termination.
Acceptance of Terms
By accessing our Site, you confirm your agreement to these Terms. Do not access or use the Site if you do not agree with these Terms. We may modify these Terms from time to time; continued use signifies acceptance of the current Terms.
