Terms of Service
Last Updated: [Date]
1. Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and CreateFinely.com (“we,” “us,” or “our”), concerning your access to and use of the CreateFinely.com website as well as any related media forms, media channels, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
3. User Representations
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means; (6) you will not use the Site for any illegal or unauthorized purpose.
4. Products and Purchases
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products are accurate, complete, reliable, current, or free of other errors. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason.
5. Return Policy
Please review our Return Policy posted on the Site prior to making any purchases. All purchases are subject to our Return Policy. Custom orders, made-to-order items, and final sale merchandise may not be returned unless defective.
6. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: systematically retrieve data or other content from the Site; make any unauthorized use of the Site; use a buying agent or purchasing agent to make purchases on the Site; circumvent, disable, or otherwise interfere with security-related features of the Site.
7. Term and Termination
These Terms of Service shall remain in full force and effect while you use the Site. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason.
8. Governing Law
These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles.
9. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
10. Limitation of Liability
IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site.
12. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
13. Electronic Communications
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
14. Custom Orders
Custom and made-to-order items require special consideration. These items cannot be cancelled once production has begun and are not eligible for return unless defective. A 50% deposit may be required for custom orders, with the balance due before shipment.
15. White Glove Delivery
For items requiring white glove delivery, you agree to ensure someone is available at the delivery address during the scheduled delivery window. Additional fees may apply for rescheduled deliveries or if our team cannot complete delivery due to customer unavailability.
16. International Orders
International customers are responsible for all customs duties, taxes, and fees imposed by their country’s import regulations. We cannot guarantee delivery times for international shipments and are not responsible for delays caused by customs processing.
17. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us through the customer service portal available on CreateFinely.com.
18. Miscellaneous
These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.