Agreement.

THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND SIMPLYFOXDESIGN (AS DEFINED BELOW) AND GOVERN USE OF AND ACCESS TO THE SALE PRODUCT AND SERVICES AND SITE BY YOU, AGENTS AND END-USERS WHETHER IN CONNECTION WITH A PURCHASE PROCESS OR COMMISSION PROJECTS/CONTRACTS.

The policies of returns, shipping and privacy outlined by SimplyFoxDesign contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT.  FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.  If you do not agree to this Agreement, do not use the Site or any other Services.  

The following terms and conditions constitute a legally binding contract (this "Agreement") between you (“you” or “your”) and SimplyFoxDesign that governs all use by you of the simplyfoxdesign.com website (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services"). SimplyFoxDesign outsources using Printful - a print-on-demand company for businesses that want to outsource the printing and delivering component. Printful produces white-label prints and dropships products directly to SimplyFoxDesign and customers of the SimplyFoxDesign website.

Third party services.

The SimplyFoxDesign website may contain links to third-party websites or services that SimplyFoxDesign does not own or control (for example, links to Facebook, Twitter, and Pinterest). Your product order requires third-party services in order to use some of SimplyFoxDesign Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. SimplyFoxDesign is not a party to those agreements; they are solely between you and the third party.  You agree that SimplyFoxDesign will not be liable to you in any way for your use of these third-party services. This includes parties such as the manufacturers of products, the payment services, social media platforms and advertising agencies.

Limited warranty on products.

Does not apply to customers residing in the European Economic Area. This limited warranty is an extension of manufacturer limited warranties upheld by SimplyFoxDesign.

A. Limited Warranty.  We warrant that, at the time of delivery of a Product to a Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). All Limited Warranty coverage terminates if the Customer sells or otherwise transfers a Product.

B. What Does This Warranty Not Cover?  This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty.  This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.  

Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate.  Accordingly, this Limited Warranty does not cover such matters.

C. What Is The Period Of Coverage?  This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Printful acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.

D. What Are Your Remedies Under This Warranty?  With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to SimplyFoxDesign by the customer, along with the shipping fees corresponding to the defective or damaged Products. 

E. How Do You Obtain Warranty Service?  Promptly following delivery of a Product, you will inspect the Product.  If a Product is materially defective (including any error by Printful in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with the SimplyFoxDesign Return Policy. 

All items are therefore final sale through SimplyFoxDesign, unless the damage, defect or misprint falls under the return guidelines provided. See Return Policies for more details.*

Payments and fees.

SimplyFoxDesign uses a third-party service for payment processes. In such case, you acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.

When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed.  We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). We may choose to temporarily change the fees for our product for promotional events or new products, and such changes are effective when we post the temporary promotional event or new product on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse SimplyFoxDesign for damages resulting from such unauthorized use.  

With regard to payment methods, you represent to SimplyFoxDesign that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.

If a customer makes any return which does not comply with SimplyFoxDesign return policies, you will reimburse SimplyFoxDesign for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback). 

SimplyFoxDesign may refuse to process a transaction for any reason or refuse to provide products or services to anyone at any time at SimplyFoxDesign’s sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.

SimplyFoxDesign at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site.

Release.

To the fullest extent permitted by law you release SimplyFoxDesign and all other SimplyFoxDesign Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any SimplyFoxDesign Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by SimplyFoxDesign (or for which SimplyFoxDesign provides no guarantees) under this Agreement, or (b) for which SimplyFoxDesign is otherwise indemnified or released by you under this Agreement.