Design Suites Order Terms of Agreement
By placing an order for stationery products from one of the Camellia Memories design suites, You agree to the following:
DEFINITIONS
The term “Designs” refers to any and all products in the Camellia Memories design suites.
The terms “Company” or “We” or “Us” or “Our” refers to Camellia Memories, LLC, a Louisiana limited liability company.
The term “You” or “Your” refers to the purchaser of stationery products from the Camellia Memories design suites.
OWNERSHIP AND COPYRIGHTS TO DESIGNS
Copyrights belong to Camellia Memories. All copyrights and other intellectual property rights in the artwork, designs, and work performed by Us are owned by Camellia Memories, LLC. You are only granted a limited license to use and will have no ownership rights to the Designs.
No commercial use allowed. You may never reproduce the Designs commercially in any way, in any kind of medium. For example, you may not sell anything with the Designs to others or use the Designs in any kind of advertising. Also, you may not share the artwork with any third parties for them to use or resell.
Your use is RESTRICTED: You understand that any Design(s) used in Your order remains the exclusively property of Camellia Memories and that We may resell, distribute, modify, re-use, and display these designs in any digital or physical form perpetually and may re-use these designs with other clients.
No release of digital files. No digital files will be released to You, and You understand and agree not to provide any Camellia Memories Designs to third-parties for production of specialty items for your wedding or for any other purposes whatsoever.
YOUR RESPONSIBILITIES
Payment Deadlines. Full payment is due at the beginning of each project. Payment for orders from one of the Camellia Memories design suites must be made directly online when Your order form is submitted or, upon request, by payment of the invoice that We email to You. No work will begin and no proofs will be released without payment. All payments will be processed in U.S. dollars.
Invitation wording. Your first responsibility is to complete the invitation wording form. We will draft wording for You based on the information that You provide on this form. You will have the opportunity to make changes during the proofing process.
Approval/Proof Deadlines. You need to submit timely approvals and answers to forms and questions from Us.
· You are responsible for responding promptly to emails containing event information forms, artwork proofs and revisions within three (3) business days.
· You must request revisions to in-progress work within three (3) business days of receiving proofs from Camellia Memories.
If you do not provide timely approvals or returns of proofs and forms, Camellia Memories is not bound by the anticipated “in-hand” date for your Stationery Order (typically 3-5 weeks from the date of purchase unless otherwise stated in writing).
Timing. Be sure to submit Your purchase order a minimum of three (3) months before your wedding to allow adequate time for designing and production of your order.
CAMELLIA MEMORIES RESPONSIBILITIES
Payment Required to Start Work. Design work will commence only after We receive payment in full for Your order.
Time Frame for Work. You should allow one to two weeks for the design work to be completed, and an additional two to three weeks for production & delivery.
Revisions Included with Design Suite orders. Up to three rounds of revisions, that is, up to four proofs, are included in purchases from the Camellia Memories design suite. These revisions are limited to font style changes, font color changes, color changes to envelopes/embellishments, and invitation wording. Any additional rounds will result in an additional $40 per change.
Revisions of Illustrations are NOT included with this Agreement. If You require any other revisions than those specified above, then the request must be made in writing and additional custom design fees will apply (amount depending upon the scope of design work requested).
Proofs to be Provided. Camellia Memories will submit multiple proofs of in-progress work that include a watermark to You via email. You will be asked to submit either an approval or a revision request within 3 business days.
Approvals: Changes after Approvals Require Additional Fees. A final approval of all artwork with an e-signature will be required before print production can begin. Additional fees will be required for any revisions requested by You after an approval signature is received, including corrections to typos, spellings, or any other changes, and regardless of whether the original three rounds of revisions were used.
OTHER IMPORTANT TERMS
COMMUNICATIONS AND NOTICES. It is Your responsibility to advise Us of any changes to Your contact information (phone number, email, and physical address). Notices, approvals, and any other communications to Us shall be made to megan@camelliamemories.com.
TAXES. Sales taxes will be applied to your order as required by law.
ORDER REVERSAL OR CANCELLATION. We reserve the right to refuse to fulfill any order placed on Our website, in part or in full, and will issue a refund accordingly. We reserve the right to limit or cancel quantities purchased by any given user or household at our sole discretion.
NO RESELLING OR DISTRIBUTION OF OUR PRODUCTS. We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our products. We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our site in any lawful way possible if we discover your prohibited use(s).
BACKORDERS AND SOLD OUT PRODUCTS. While most of our products are made to order, our sample products are subject to inventory. Occasionally our inventory system fails to detect the actual quantity of our products available. If You make a purchase and we are unable to secure the quantity of items You requested, We will promptly contact you to let you know the new expected fulfillment date. If You do not wish to continue with your order, We will issue You a refund or store credit for the full purchase price of the sold out product(s), as indicated on your receipt.
SHIPPING AND INTERNATIONAL ORDERS. Domestic UPS Ground shipping is FREE for all wedding invitation orders. However, if you require your products to be rush shipped, this must be stated either in the comments section at checkout or through a subsequent email submitted to megan@camelliamemories.com. A rush fee will then be added to your invoice. YOU are responsible for additional fees added to your invoice for rush shipping. International orders (orders placed from outside the United States) may also be subject to shipping fees after the initial purchase.
Occasionally, Your items may arrive damaged from shipping. If this occurs, please contact Us at megan@camelliamemories.com and We will make every reasonable effort to fix the situation. Often, it is the carrier’s fault and the best course of action in this instance is to contact the delivery service about their damage to Your order.
If You are not located in the United States of America, You are considered an international purchaser. It is Your sole responsibility to pay any duties, taxes (including, but not limited to, GST and VAT) and customs fees. We will provide Your shipment with a commercial invoice as necessary by law.
REFUNDS AND RETURN POLICY. Due to the nature of the services and products provided, refunds will not be given once work has begun on the project (that is, once the first proof has been emailed to You at Your provided email address). Payments received by Camellia Memories are non-refundable in the case of event cancellation. Further, if you fail to respond to emailed proofs or sign artwork approval within 3 business, then Camellia Memories is no longer bound to the production timeline, and monies will not be returned.
INVOICE ADJUSTMENTS. We are able to accommodate an invoice adjustment after Your purchase BEFORE print production begins on your project. If you made a mistake in your quantity purchase or prefer to add/delete a non-customizable embellishment, then We are happy to either issue a refund or send a second invoice. For changes to quantities on customized items prior to print production (including, but not limited to, invitation cards, envelope addressing, personalized notecards, etc.), Camellia Memories reserves the right whether to issue a partial refund. However, no refunds whatsoever will be given once an e-signature approval is received.
CHARGEBACKS. You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. We reserve the right to present proof of Your access or acceptance of Your purchased product(s), and these Terms and Conditions of Use to the financial institution investigating the dispute.
DISPUTE RESOLUTION. If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through alternative dispute resolution or mediation before filing a civil cause of action.
FORCE MAJEURE. If Camellia Memories shall be unable to perform any of its obligations arising under this Agreement due to events of force majeure, its liability shall be limited up to the amount of monies received from you. Events of force majeure include, but are not limited to, acts of God or of the public enemy, riots, wars, hostilities, fire, flood, storms and other natural disasters, interruptions of supply, materials, or transportation services, strikes and other labor disputes, any governmental or judicial decisions, states of emergency, and any and all other cause beyond the reasonable control of Camellia Memories which cannot be overcome by use of reasonable measures or only at substantial expense.
AMENDMENT; NO WAIVER. These terms may only be changed by a writing signed by both You and Us. No failure or delay by either You or Us to require performance by the other shall not be deemed a waiver of future performance or the right to require performance.
LAW AND JURISDICTION. These Terms are governed by and construed in accordance with law of the State of Louisiana and the United States of America law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Louisiana. If any provision of these terms is found to be invalid or unenforceable for any reason, it shall be adjusted rather than voided, if possible, so as to accomplish the objective of the parties to the fullest extent possible. In any event, the remaining terms and provisions shall remain in full force and effect.
ALL RIGHTS RESERVED. All rights not expressly granted in these Terms are reserved by Us.