Miss Details, Scottsdale, Arizona

Brand Strategy, Graphic Design, and Social Media

Updated On: AUGUST 26, 2023

  1. THESE TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES (“TERMS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU (AS THE “CONSUMER”) FOR THE PURCHASE OF CERTAIN PRODUCTS OR SERVICES (“PRODUCTS”). BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM OUR WEBSITE IF YOU: (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MISS DETAILS DESIGN, LLC, AN ARIZONA LIMITED LIABILITY COMPANY {“Miss Details”}, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. WE AND YOU MAY ALSO BE REFERRED TO COLLECTIVELY AS THE “PARTIES.” THESE TERMS SHALL BE INCORPORATED INTO ANY PURCHASE ORDER AND BE CONSIDERED ONE “AGREEMENT.”

These Terms and Conditions apply to the purchase and sale of Products through www.missdetails.com (the "Site") pages and accounts on Facebook®, Twitter®, LinkedIn®, Google®, Instagram®, YouTube® (or other online websites, marketplaces or channels) (collectively, the “Sites). Please read both these Terms and Conditions, and the Privacy Policy (posted to the Website) carefully (and if applicable, the Standard License), which are fully incorporated into these Terms and Conditions. By using any or all of the Sites, you accept and agree to be bound by these Terms and Conditions. These Terms and Conditions may be modified from time to time without any notice to you, and any modifications will be effective immediately. All changes made will be reflected in the date at the top of these Terms and Conditions. You are responsible for reviewing any modified terms. Your purchase of any Products that are available through this Website (or the Sites) means you accept and agree to any changes of these Terms and Conditions. For your convenience and future reference, the date of the most recent revision of these Terms and Conditions is listed above so that you may compare different versions to determine what, if any, changes have been made.

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms and Conditions, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. DELIVERY OF ANY FILES TO YOU CONSTITUTES ACCEPTANCE, AND THEREFORE, THE CREATION OF A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND MISS DETAILS DESIGN, LLC.We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Miss Details and you will not take place unless and until you have received your order confirmation e-mail.  All partial payments agree to these terms and agree that no products will be sent until after full payment is made.
  2. Prices and Payment Terms.
    (a) All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
    (b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Paypal, Stripe and Partial payments through partially for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
  3. Shipments; Delivery; Title and Risk of Loss.
    (a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges, if applicable, specified during the ordering process.
    (b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, nor are we required to refund orders lost in the mail. However, if an item is not delivered by the carrier, OR IF YOU DO NOT RECEIVE A DIGITAL DOWNLOAD WITHIN one (1) calendar day of your purchase (or final payment of any payment plans), or in the case of physical products, you must notify us within ten (10) days of the originally scheduled delivery date. Any decisions regarding whether or not to replace a lost item are within our sole discretion, upon timely notice.
  4. Returns and Refunds. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE INCLUDING BUT NOT LIMITED TO ALL PDF DOWNLOADS, TEMPLATES, SOCIAL MEDIA TEMPLATES, OR ANY OTHER INTANGIBLE PRODUCTS. ALL SALES ARE FINAL. If Miss Details does determine, in its sole discretion, that a “return” may be appropriate for any Products from the Site, including certain guides, templates, social media templates, planners, etc, Miss Details, you expressly recognize and agree that you are requesting for a refund on a product that you already have. Therefore, you also EXPRESSLY AGREE AND UNDERSTAND THAT IF MISS DETAILS FEELS GENEROUS ENOUGH TO ALLOW YOU A “RETURN”, THEY MAY CHARGE A TWENTY PERCENT (20%) FEE (the “Penalty Fee”) IN ADDITION TO THE PRICE OF EACH ITEM THAT THEY CAN PROVE YOU HAVE EITHER DOWNLOADED, UNZIPPED, OR VIEWED. If you do wish to return a previously-purchased intangible item and wish to incur the Penalty Fee, you must contact Miss Details, within five (5) calendar days, and the Parties will enter into a separate Agreement.
  5. LIMITED WARRANTY.
    THIS LIMITED ONE-YEAR WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. YOU AGREE AND ACKNOWLEDGE THAT THE LAWS OF THE STATE OF ARIZONA SHALL GOVERN THE PRODUCTS AND LIMITED WARRRANT. WE WARRANT THAT DURING THE WARRANTY PERIOD OF ONE YEAR, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
    WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATE.

(a) This limited warranty extends only to the original purchaser of products and services from the Website, not to any subsequent or other owner or transferee of the product. This limited warranty covers during the “Warranty Period” (as defined below) defects in materials and workmanship in products and services you purchased from us. This limited warranty does not cover any damages due to transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for one (1) year the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

(b) With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services. To obtain warranty service, you must e-mail us [[email protected]] during the Warranty Period.

(c) LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Intellectual Property Use and Ownership. You acknowledge and agree that:
    (a) Each Product marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific Product.
    (b) You will comply with these Terms and the Agreement for any Product you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those Products. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these Products, this Agreement and these Terms.
    (c) Miss Details is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services. You agree that you shall not utilize the intellectual property of Miss Details in any form or manner.
  2. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
  3. ADDITIONAL TERMS AND CONDITIONS

GOVERNING LAW. This Agreement, the Standard License, the Terms of Use, the Website, and the rights and obligations of the parties (Miss Details and Consumer) hereunder shall be governed by and construed in accordance with laws of the State of Arizona, without giving effect to the principles thereof relating to the conflicts of laws. You agree that any appropriate state or federal court located in Maricopa County, Arizona has exclusive jurisdiction over any dispute arising under or in connection with the Agreement, the Standard License, the Terms of Use, or the Website, and is the proper forum in which to adjudicate the case or controversy; provided, however, that notwithstanding the foregoing any action initiated by Miss Details may, at Miss Details’ election, be brought in any jurisdiction where the Consumer (or Consumer's affiliates, heirs or representatives) is domiciled or that has jurisdiction over Consumer. The Parties hereto irrevocably submit to the jurisdiction of, and venue in, any such court, and hereby waive any objection or defense thereto.  THE PARTIES AGREE THAT ALL DISPUTES SUBMITTED TO THE COURT PURSUANT TO THIS SECTION SHALL BE TRIED TO THE COURT SITTING WITHOUT A JURY, NOTWITHSTANDING ANY STATE OR FEDERAL CONSTITUTIONAL OR STATUTORY RIGHTS OR PROVISIONS. THE PREVAILING PARTY SHALL BE ENTITLED TO FULL COMPENSATION OF ITS FEES AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES, COURT AND EXPERT WITNESS FEES, TRAVEL EXPENSES, AND RELATED REASONABLE EXPENSES INCURRED IN SUCH ACTION).

BINDING EFFECT. This Agreement and these Terms shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the Parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.

RELEASE AND INDEMNIFICATION. You as the Consumer agree and acknowledge that you have the full right and authority to agree to this Agreement, the Terms and Conditions, to access the Website, and that you will, as the Consumer (including without limitation its employees, subcontractors, owners, directors, officers, members, affiliates, subsidiaries, heirs, beneficiaries, insurance carriers, or other agents or representatives) shall release, indemnify and hold harmless Miss Details, its subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective officers, members, beneficiaries, agents, representatives, directors and employees, harmless from and against any and all loss, liability, claims, judgments, costs, lawsuits, demands, awards, investigations, or other liabilities (including, without limitation, reasonable attorneys’ fees, court and expert costs, and expenses) which arise out of: (i) your use of the Standard License, Terms and Conditions, interaction with the Website, sale and/or use of the Products, or the breach the Agreement or of any of the obligations, representations, warranties or agreements owing to Consumer as set forth or implied herein (including, without limitation, damages caused by any violations by law or rights by Consumer); or (ii) the alleged negligence, misconduct, error or omission of Consumer (including without limitation its employees, subcontractors, owners, directors, officers, members, affiliates, subsidiaries, heirs, beneficiaries, insurance carriers, or other agents or representatives).

ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the Parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the Terms of this Agreement cannot be modified without the express written consent of both Parties. The Terms of this Agreement shall be binding upon the Parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Miss Details’ intellectual property rights and confidential and proprietary information by you, Miss Details will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Miss Details may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and Arizona courts in Maricopa County, Arizona, United of America for purposes of any such action by Miss Details.

COMPLIANCE WITH LAW. The Parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

NOTICES. Except as otherwise noted in the Terms and Conditions, the Standard License, or the Website, all notices, requests, consents, approvals, agreements, authorizations, waivers, and other communications required or permitted under the Terms and Conditions, the Website, or the Standard License shall be in writing and shall be deemed given when sent by email or delivered by overnight courier with delivery confirmation to the addresses provided by the Parties (or one or more of the active and customary email addresses used or exchanged by the Parties). A copy of such notice shall also be sent by overnight mail on the date such notice is transmitted to the mailing and email addresses used from time-to-time by the Parties, or by the legal addresses for each of the Parties’ legal entities on file with the applicable state agencies.

 

COPYRIGHT NOTICE

 

© 2004-2023 Miss Details Design, LLC. All Rights Reserved.

Miss Details Design, LLC owns and controls the copyright and other intellectual property rights in and associated with this Website, and our Products. We retain all ownership of the copyright on this Website, in our social media and other published materials, and of the Products in their original form downloaded by you (collectively, the “Materials”). If we see you have shared without prior express authorization any of our Materials with a third party or used any Materials for commercial use rather than personal or business use, we reserve the right to claim compensation for such unauthorized use, and you agree that you shall be liable to Miss Details for payment of any costs or expenses that Miss Details incurred in enforcing these rights.