Terms of Service
This online store (the “Store”) was developed by Donahue Designs, LLC. Your purchase of Donahue Designs products (“Products”) from the Store constitutes your agreement to be bound by these Terms and Conditions of Sale (“Terms and Conditions”) and the terms of the Limited Warranty. These terms and conditions are subject to change. Donahue Designs reserves the right to change these Terms and Conditions at any time without notice. Please review the Terms and Conditions prior to making a purchase from the Store each time. Every time you order Products from Donahue Designs, the Terms and Conditions in force at that time will apply between you and Donahue Designs. If you have any questions regarding these Terms and Conditions, please contact us.
As a consumer, you have legal rights. The disclaimers, exclusions, and limitations of liability under these Terms and Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights, you should refer to the laws applicable in your jurisdiction. Nothing in these Terms and Conditions will affect those other legal rights.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR DONAHUE DESIGNS PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE PURCHASE. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISION OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
1. Availability and Pricing.
All Products offered on the Store are subject to availability. Prices for the Products are subject to change without notice at any time.
2. Sales Tax.
Depending on the order, Donahue Designs calculates and charges sales tax in accordance with applicable laws.
3. Shipping and Delivery.
International customers, please note that we currently do not ship outside the United States. All orders must ship within the United States.
Shipping will be paid for by the buyer in the amount agreed upon by the seller at the time of purchase. Upon checkout, you must specify a physical street address for shipping. Please confirm the information you enter is correct before submitting your order. Once your order has shipped, we cannot change the shipping address.
Once your order leaves our facility, Donahue Designs does not assume liability for late deliveries. If packages are returned as undeliverable, we will contact you to make arrangements for reshipment (at the cost of the customer). Note, Donahue Designs is not responsible for items damaged during shipping. Shipping rates include insurance. Please contact the shipping carrier for insurance reimbursement when applicable.
Purchases made on the Store are intended for end users only and are not authorized for resale. Title for Products purchased from the Store passes to the buyer at the time of delivery by Donahue Designs to the freight carrier.
If you are not completely satisfied with a Product purchased from the Store, you can return the Product within 30 days of purchase for a full refund (less the shipping charges). To begin the refund process and arrange for the return of a Product, please contact us. You will receive a full refund of the price you paid for the Product less the shipping charges once we receive the returned Product in its original packaging and in “like-new” condition. For warrantied repairs or replacements, please see our warranty information.
Improper use of the Product could result in damage to your electronic device and/or bodily injury to yourself or someone else. Follow Product instructions carefully. Donahue Designs is not responsible for any damages caused to yourself, someone else, or your device through the use of its Products. If a dispute arises between you and Donahue Designs, please contact us. Our goal is to learn about and address your concerns.
(A) Binding Arbitration. You and Donahue Designs agree to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms and Conditions or your use of the Products to binding arbitration rather than by filing a lawsuit in any forum other than set forth in this section. Further, you agree that arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review, or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Any dispute or claim made by you against us or us against you arising out of or relating to these Terms and Conditions or your use of the Products (whether based in contract, misrepresentation, tort, statute, fraud, or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
(B) Arbitration Procedures. You must first present a claim or dispute to Donahue Designs by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 90 days after presenting it to Donahue Designs. Donahue Designs may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with clause 11 (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with current and applicable rules of the American Arbitration Association as modified by this agreement. Claims will be heard by a single arbitrator in English in a court of appropriate jurisdiction in Utah. The arbitrator may not 1) award relief in excess of or contrary to what this agreement provides, 2) order consolidation or arbitration on a class wide or representative basis, 3) award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or 4) order injunctive or declaratory relief. The arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Donahue Designs, nor the arbitrator may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(C) No Class Actions. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public.
(D) Fees and Expense. Each party will bear the expense of their own legal fees (counsel, experts, witnesses, and evidence preparation and presentation at the arbitration hearing).
(E) YOU MUST CONTACT DONAHUE DESIGNS WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE. OTHERWISE, YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
This arbitration clause shall survive termination of these Terms and Conditions.
7. Warranties and Disclaimers.
All products and services purchased through the Store are provided on an “as-is” basis unless otherwise noted in the Limited Warranty as stated on this website. You may choose whether to make a claim under these Terms and Conditions or the Limited Warranty but you may not recover twice in respect of the same loss.
You use a Product at your own discretion and risk. Donahue Designs is not responsible for any health or safety concerns once you have received a Product. Donahue Designs is not responsible for any damage or harm caused to you or your device due to Product use. You will be solely responsible for (and Donahue Designs disclaims) any and all loss, liability, or damages resulting from your use of a Product, including damage or loss to you or any person, the Product itself, or any mobile devices or other peripherals supported by the Product.
Donahue Designs does not guarantee or promise any specific health benefits or other benefits from the use of a Product or any feature of it. Actual benefits vary with factors beyond Donahue Design’s knowledge or control.
8. Limitation of Liability.
Nothing in these Terms and Conditions and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) DONAHUE DESIGNS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA, LOSS OF BUSINESS, LOST PROFITS, OR ANY OTHER COMMERCIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF ITS PRODUCTS, EVEN IF DONAHUE DESIGNS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) DONAHUE DESIGNS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO DONAHUE DESIGNS OR ANY AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. DONAHUE DESIGNS DISCLAIMS ALL LIABILITY OF ANY KIND OF ITS LICENSORS AND SUPPLIERS.
9. Data Protection.
10. Electronic Communications.
You communicate with Donahue Designs electronically when you use the Store or send Donahue Designs an email. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When ordering from the Store, we collect and store your email address. Donahue Designs may use your email address to send you information about products and services unless you unsubscribe from such communication.
Donahue Designs may provide notifications to you as required by law or for marketing or other purposes via email, hard copy, or posting of such notice on its website(s). Donahue Designs is not responsible for any automatic filtering you or your network provider may apply to email notifications and recommends that you add our email address to your email address book to help ensure that you will receive email notifications from us.
12. Force Majeure.
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, war, terrorist attack, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, fire explosion, storm, flood, earthquake, epidemic, or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of shipping through means of public or private transport.
Failure or delay by us to enforce any of these Terms and Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
If any part of one or more of these Terms and Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extend be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of these Terms and Conditions will remain in full force and effect.
15. Governing Law and Jurisdiction.
These Terms and Conditions are governed by the laws of the State of Utah. You agree to submit to the personal jurisdiction of the state and federal courts in or for Davis County, UT for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.