Terms and conditions
Welcome to MAD DESIGN STUDIOS (hereinafter referred to as “MDS”). By visiting the Site or using any of the products, software or services provided to you through the Site you accept these Terms and Conditions (the “Terms”) and privacy statement. In addition, when you use any current or future MDS services or visit or purchase from any business affiliated with MDS, whether or not included on the Site, you also will be subject to the guidelines and conditions applicable to such service or business.
USE OF THE SERVICES
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MDS and its affiliates reserve the right to, in its sole discretion, refuse service, terminate accounts, remove or edit content, or cancel orders.
If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify MDS emailing us at firstname.lastname@example.org
You will not reproduce, duplicate, copy, modify, sell, lease, rent, trade, distribute or resell any of our Services for any purpose, or create any derivative works based on the Services in any manner.
MDS may from time to time include in Services certain third-party content or links to third party websites (each, a “Third Party Provider”).
Such content and websites contained therein are owned by the Third Party Providers (or by other persons or companies on their behalf). MDS may at any time and from time to time change, add or remove Third Party Providers from the Services, in its sole discretion and without prior notice to you.
We have no control over the websites, products or services of Third Party Providers.
We do not endorse or evaluate the websites, products or services of Third Party Providers (or any advertising or links on any such websites) and we assume no responsibility for the actions or omissions of any Third Party Providers.
MDS is not responsible for examining or evaluating the content or accuracy of any Third Party Providers, and MDS does not warrant and will not have any liability or responsibility for any Third Party Providers’ materials or websites (or for any other materials, products, or services of third parties).
Without limiting the foregoing, you agree that MDS is not liable for any loss or damage which may be incurred by you as a result of:
the content and/or websites of Third Party Providers;
your use or purchase of any websites, products or services of Third Party Providers;
the availability, quality or safety (including both design and manufacturing) of the products or services offered by Third Party Providers; and
the accuracy and thoroughness of the descriptions of any such products or services provided by Third Party Providers.
The terms and conditions of MDS’s fee-based design services (the “Design Services”) are governed by the Design Services Agreement you chose from the website.
SALE OF PRODUCTS
MDS relies upon a network of independent vendors who supply some of the goods displayed on the Site. Our independent Vendors are solely responsible for the products featured on the Site. Without limitation, MDS is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of products featured on or advertised through the Site or by email.
Nothing on the Site shall be deemed to confer on any person any license or right on the part of MDS or any supplier with respect to any such image, logo or name.
RISK OF LOSS
The items purchased from our Site are handled by third party carriers pursuant to a delivery contract. As a result, risk of loss and title for such items may pass to you upon our delivery, or delivery by our independent vendors, to the carrier.
MDS relies upon a network of independent vendors who supply some of the goods displayed on the Site.
Notwithstanding anything to the contrary contained in these Terms and Conditions, MDS shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with these products the user purchased on the MDS website, whether caused by latent or patent defects of independent vendors.
The User hereby indemnifies MDS and its affiliates and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third Party in relation to any act or omission caused by the Independent Vendor or it employees, representatives, agents or assigns or any third party in relation to the products the user purchased on the MDS website.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH BELOW, ALL PURCHASES THROUGH THE SITE ARE NONREFUNDABLE, INCLUDING ANY UNUSED PORTIONS OF DESIGN SERVICES AND/OR CANCELLED SUBSCRIPTIONS. WE DO NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE DROP OR PROMOTIONAL OFFERING.
PRODUCTS PURCHASED THROUGH MDS
In an effort to offer you a wide selection of curated products, we work with a variety of independent vendors and consequently are not able to facilitate returns.
If you receive a product that is materially damaged or defective, we will (1) cause our vendor to replace the damaged or defective product at no cost to you, or (2) if the item cannot be replaced because it is no longer being manufactured or otherwise, we will provide you with a store credit or a full refund for the specific product at your election, understanding in either case that the third party vendor may require the defective or damaged product to be returned directly to them as part of their replacement program.
While we work hard with our vendors to make sure that items displayed on MDS website are available, from time to time our vendors may discontinue a product line prior to notifying us. Based on this fact, we understand that you may be buying a collection of products, but we can’t guarantee that every item in the collection will be available. If you purchase a group of products through MDS, and the item is out of stock or discontinued, we will provide you with a store credit or a full refund for the specific product at your election.
We cannot accept returns or issue refunds for any other reason.
You have the right to cancel your purchase of design services for a full refund (less any applicable PayPal, bank or credit card charges or fees), except that such right shall expire upon the earlier of (i) the seventh (7) calendar day after the date of purchase, or (ii) the date on which the MDS begins receiving your personal submissions (e.g. room photos, room measurements, inspirational photos).
Subject to the foregoing, if you wish to cancel your purchase, you must notify us of your decision to cancel at email@example.com.
We will promptly thereafter notify you of your cancellation number.
All content included in the Services (including without limitation images, icons, text, graphics, logos, data compilations, software, etc.) (collectively referred to as “Content”) is the property of MDS or its content suppliers and protected by international copyright laws.
You agree that you will not use any of the intellectual property, proprietary information or other materials contained in the Services in any way whatsoever except for use of the Services in compliance with these Terms.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES DISPLAYED ON OUR SITE ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO THEIR ACCURACY. THERE IS NO ASSURANCE OR GUARANTEE OF SATISFACTION WITH THE PRODUCTS OR SERVICES OFFERED ON THE SITE.
THE SERVICES, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (AND WEBSITES OF THIRD-PARTY PROVIDERS) ARE PROVIDED BY MDS ON AN “AS IS” AND “AS AVAILABLE” BASIS.
MDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MDS, ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
RELEASE AND INDEMNITY
IF YOU HAVE A DISPUTE WITH ANY INDEPENDENT VENDOR OR THIRD PARTY PROVIDER, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
REVISION OF THE TERMS
We may amend the Terms from time to time by posting amended Terms on the Site. Except as otherwise stated in any such posting, all amended terms shall be effective immediately. Additionally, we may notify you through email or otherwise of such amended terms.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential binding arbitration and governed by the Arbitration Act 42 of 1965.