The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with Dark Mass Design LLC, hereinafter referred to as “Dark Mass Design”, “us” or ”we”, at the Dark Mass Design website, mobile website, or mobile application, via telephone or order form in catalogue (jointly referred to as ”dmd.com”).
By using DarkMassDesign.com and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order.
The inclusion of any products or services on dmd.com at a particular time does not imply or warrant that these products or services will be available at any time. I reserve the right to discontinue any product at any time.
I reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on dmd.com at the time you place your order.
2. PRICES AND DELIVERY CHARGES
The delivery charge for each order will be the same, regardless of the size or weight of your order. The cost for each delivery method is clearly indicated during the check-out process. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries.
3. ORDERING/CONCLUSION OF CONTRACT
The ordering options available to you are via Darkmassdesign.com.
Once you have placed your order, if you have supplied me with your email address, you will receive an email confirmation. If for any reason I am unable to fulfill your order, I will let you know at the earliest opportunity. If I have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, an Dark Mass Design representative will contact you to settle the refund.
Before you place your order, you will be informed of the expected delivery details. Once you have placed your order, if you have supplied me with your email address, you will receive an email confirmation with your expected delivery details.
5. WITHDRAWAL OF ORDER
You may cancel or return your order from the date you place the order until 30 days after receipt of the ordered items. If you have been charged for the items, you will receive a refund which will include Dark Mass Design’s standard delivery costs. Should you choose to keep certain items and only partially cancel your order, the delivery cost will not be refunded.
If the item you have received is defective, please notify Dark Mass Design promptly and return the item in accordance with section 6 (Returns) below. Dark Mass Design will, for any products deemed defective, provide a full refund. The provisions set forth herein do not limit any applicable statutory rights.
Dark Mass Design guarantees a full refund or if you prefer, to replace any returned items in accordance with section 5 (Withdrawal of Order), provided that all items are returned in the same condition they were in upon your receipt. This means the items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact.
If a debit or credit card was used to make payment at dmd.com, the store will refund the applicable amount to the same debit or credit card you used for your initial purchase.
7. OUR LIABILITY
Nothing in these Terms shall exclude or limit Dark Mass Design ‘s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.
Dark Mass Design accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach.
Dark Mass Design is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
Our maximum liability to you for any loss or damage arising in connection with your order on dmd.com shall be limited to the total price of your order.
Dark Mass Design is not responsible for ANY content provided. Any content displayed on a client order/project is the direct result of the client’s request and therefore said client is responsible. Everything was and will be pre-approved.
We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
If there are defects in the goods you have purchased, Dark Mass Design abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay by using the provided pre-printed return form.
Dark Mass Design reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments which have arisen in connection with the delivery of goods.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply
12. OWNERSHIP OF RIGHTS
All intellectual property rights, such as trademarks and copyrights at Darkmassdesign.com remain with its subsidiaries or licensors. Any use of Darkmassdesign.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Dark Mass Design.