In order to provide a quick and accurate response to your design order, Lui Designs only asks for the information necessary to complete your order with precision. All the information is strictly for our internal use related to your order. It will not be shared with any third party at any cost. Also, when you send us your payments through Paypal, you can rest assured that no one can intercept your order and see your billing information. The whole ordering process is completely safe.
The information we gather and how we use it
When you place your logo design order, we need to know your name, your company's name, your email address, and your mailing address. This allows us to process and complete your order and to notify you of your order status. We also need some information about your company in order to form a creative concept in accordance with your company's goals.
This is our official Sales Policy and Company Procedures. Please read and understand the provisions it provides. This is to protect you as the customer and us at the manufacturer. We are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the improper use, resale or display of products purchased. In addition, a possibility exists that the website (Site), Product Catalog, Flyers, Mailers, or other forms of advertisement could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made to the these items. Although we attempt to ensure the integrity and the accurateness of these items, it makes no guarantees whatsoever as to the correctness or accuracy of them. In the event that such an inaccuracy arises, please inform us so that it can be corrected.
You, the customer, agree to indemnify, defend and hold us harmless, against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, (b) your violation of this agreement and/or your activities in connection with the use of products sold by us.
It is our mission of to assure customer satisfaction whenever and wherever possible. Through correspondences with each customer prior to shipment of the product(s), detailed order information is obtained. That information is then used to create the product requested.
We are not responsible for, and can not accept order changes once the product has been produced. We offer replacement for any defective or damaged parts or products. We do not offer any product warrantees beyond defective products at the point of purchase.
All products are custom made to order, (Please take a look at our Guarantee for returns.)
Every effort is made prior to shipment or physical transaction in insure that the product is type, color and size requested by customer. For Internet sales, emails and telephone conversations confirm orders. No third party orders are accepted. Visa, Mastercard, and money orders are acceptable forms of payment via PAYPAL. No personal checks.
You, as the customer, acknowledge that no warranty is provided in connection with any of the products or services described herein neither we nor any linked sites are responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the sale of products, site-related services and/or content or information contained within the site. Your sole remedy for dissatisfaction with the site, site-related services and/or content or information contained within the site is to stop using the site and/or those services. All products are provided "as is" with no representations or warranties of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
If you wish to purchase products or services described on the website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
We guarantee your full satisfaction or your money back. There is a 20% administration fee for all refunds. The refund policy will not take effect:
* If you purchased a "Package".
* If you have approved your design.
* If we have begun working on one of your logo samples and made more than 3 logo design changes for you.
* If the company we are making the design for closes, changes their name, or their activity.
* If the project was closed for reason unrelated to our design.
* If we do not hear back from you for more than 30 days after the start of the project.
Void Where Prohibited
Although the Site is accessible worldwide, not all products or services discussed or referenced in the site are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires. You agree to indemnify, defend and hold us harmless against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, (b) your violation of the any applicable laws or regulations in connection with products sold by us, or your activities in connection with the Site or Site-related services.
CREDIT CARDS &/or PAYPAL: We can accept payment through Paypal services. Authorize payment using Visa, Mastercard, on the Secure Encrypted ONLINE order form via PAYPAL.
MONEY ORDERS: Either print out the picture of the product you want or write down the information listed on the product page, including product name, size, and color. Mail the MONEY ORDER to the address listed on Contact Us.
PERSONAL CHECKS: Due to a high volume of returned checks, personal checks are not accepted at this time. However, most convenient stores and Post Offices sell Money Orders for $1.85 - $3.25
How the money will be transferred
If you have paid using your credit card - the money will be transferred back to your credit card account. It may take up to 6 business days before the money will appear on your account. If you have paid using a money order your refund will be sent to you by check.
Part I: Buyer-Seller Agreement
1. Henceforth LuiDesigns.com and Louie Mangahas as its sole proprietor shall be referred to as "Lui Designs.com". The purchaser of digital artwork files and any other "work product" from LuiDesigns.com shall henceforth be referred to as "you" or "the purchaser" or "the buyer" and is defined as the person and or corporation listed on the original job request form submitted to LuiDesigns.com or the person placing the job request if the job request was submitted by email, telephone, fax or any means other than the job request form at LuiDesigns.com.
2. The purchaser of digitally prepared art files agrees that LuiDesigns.com's standard payment terms are due at the time of the requested services. Open account clients' standard payment terms are net fifteen (15) days from the date of the first artwork proof or final file transfer/delivery, whichever is first, or net fifteen (15) days from the date of the invoice, whichever is earlier, regardless of terms the purchaser may have established with any thrid parties, customers or end-user(s). All invoices are considered past due after such date.
3. No other credit terms or condition(s) of purchase orders supercede or, amend from, the terms of this Buyer-Seller agreement unless mutually agreed on in writing by both parties.
4. If any invoices are not paid within the term period, the purchaser agrees to pay all unpaid past due invoice balances WITH INTEREST, PLUS A PAST DUE FEE OF 10% OF THE ORIGINAL INVOICE AMOUNT (not including interest charges, if any). The ANNUAL RATE OF INTEREST IS NOT TO EXCEED 1 1/2% PER MONTH (18% PER ANNUM) OR THE HIGHEST RATE PERMITTED BY APPLICABLE LAW, WHICHEVER IS LESS.
5. The purchaser agrees to pay a service charge of $40.00 for each payment transaction that is returned or charged back to LuiDesigns.com.
6. For any invoice not paid on demand, the purchaser agrees to pay all reasonable attorney fees, court costs or any other collection expense and further agrees that Quebec law will govern any dispute, without resort to the conflict of law principles of such province.
7. All claims or adjustments from invoiced amounts must accompany invoice payment and be detailed in writing. LuiDesigns.com will not allow any claims for deductions more than forty-five (45) days after the date of the file delivery, other than as applicable under the "USABILITY GUARANTEE" described below.
8. The buyer agrees to pay a "KILL FEE" of 20 percent of the agreed-upon total price for any job which the buyer cancels prior to viewing the first proof of artwork, but after LuiDesigns.com has initiated work in good faith on the job following the buyer's submission of a job request. After viewing the first artwork proof, the buyer is obligated to pay the entire quoted price for the job whether or not the buyer cancels the job request. The buyer may not cancel the job after taking posession of digital artwork files from Excaliburcreations.com. By accepting digital art file(s) or any "work product" from LuiDesigns.com, the buyer is accepting full and sole responsibility to pay the quoted and agreed-upon price for the job in its entirety, as per the terms listed above in this AGREEMENT. No usability guarantee is offered on cancelled jobs. Only the buyer may cancel a job request.
Part II: Disclaimers & Representations
1. INTELLECTUAL PROPERTY RIGHTS - All ownership and title rights pertaining to the "work product" or business process, are owned by LuiDesigns.com. The purchaser agrees to treat the digital art files and all delivered "work product" like any other copyrighted material. Furthermore, all ownership, title and intellectual property rights in and to the content which may be contained through the use of the delivered digital art files and other "work product" may be the property of the respective content owner, and may be protected by copyright or other intellectual property laws and international treaties.
2. RESERVATION OF RIGHTS - LuiDesigns.com reserves all rights not expressly granted to the purchaser and/or legal owner(s) of the content of the digital art files and other "work product," including but not limited to the right to use "work product" for purposes of self-promotion to the extent not expressly restricted by copyright or other intellectual property laws and international treaties.
3. APPLICABLE LAW - Representations are governed by the laws of the province of Quebec without regard to its choice of law provisions.
4. USABILITY GUARANTEE - For artwork files which LuiDesigns.com has offered a "usability guarantee," the buyer is entitled as sole remedy, at the discretion of LuiDesigns.com, either 1) modification of the construction of the artwork file in a manner to render it suitable for use for the intended print, imprint or display technology, at no cost whatsoever to the buyer, or 2) a refund of the purchase price of the artwork file if it, the purchase price, has already been received by LuiDesigns.com. No remedy or guarantee of fitness for any use is offered for artwork files for which LuiDesigns.com has not yet received payment.
LuiDesigns.com offers this usability guarantee only on artwork files for which the purchaser has stated an intended use in advance of artwork construction by LuiDesigns.com, and for which the customer or its printer or authorized agent has accurately supplied the following information regarding the artwork file's intended use: a statement of the intended use, imprint or display method, imprint area or display size and resolution, imprint substrate (the physical item the artwork will be printed on) if any, number of colors, color method of imprint or display, the end-user/printer/displayer's contact information, and any other necessary information required by LuiDesigns.com which would materially affect construction of the artwork file in a fit manner for the stated use. No guarantee of fitness for any use is offered if any or all of the aforementioned information is not provided accurately to LuiDesigns.com prior to initial construction of the artwork file(s).
"Fitness for use" and "usability" are defined as the ability of a printer to generate as output a reasonably precise and legible facsimile of the artwork contained in the artwork file, without an unreasonable amount of modification of the artwork file being required to do so beyond the normal preparation of the artwork file for use in the same or similar printing process or display technology. "Fitness for use" and "usability" specifically exclude typographical or other errors of content within the artwork file, visual style of the artwork or any subjective measurement of quality of the artwork. Claims against this guarantee must be made in writing by the purchaser and supported in writing by the end-user/printer/displayer, and must contain a specific and reasonable claim of unfitness. Claims against usability must be received by LuiDesigns.com no later than ninety (90) days from the date of artwork file delivery. Any guarantee of usability or fitness for use which has been granted according to the terms herein shall expire ninety (90) days from the date of delivery of the artwork file, whether or not any attempt has been made by the purchaser or the purchaser's printer to use the artwork file in any manner during that period.
5. DISCLAIMER OF FURTHER WARRANTIES - To the maximum extent permitted by applicable law, LuiDesigns.com provides the digital art files AS IS AND WITH ALL FAULTS, and hereby expressly disclaims all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, fitness for a particular purpose except as is covered under the "USABILITY GUARANTEE" above, lack of viruses or other malicious computer code, accuracy or completeness of responses, results, lack of negligence and lack of workmanlike effort, all with regard to the digital art file(s) product(s). THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE DIGITAL ART FILE(S) PRODUCT(S). THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE DIGITAL ART FILE(S) PRODUCT(S), REMAINS WITH THE PURCHASER.
6. EXCLUSION OF DAMAGES - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Excaliburcreations.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER.
7. LIMITATION OF LIABILITY AND REMEDIES - Notwithstanding any damages that the purchaser might incur for any reason whatsoever, the foregoing limitations, exclusions and disclaimers shall apply only to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.