Terms and Services:
This agreement governs your use of sdjmalik’s site and service, including all orders made or processed for products or services in connection with the site and service. You and sdjmalik are the parties to this agreement. No exceptions to these terms are effective unless sdjmalik has agreed to them in writing.
sdjmalik may change these terms from time to time. If sdjmalik makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use sdjmalik’s site and service. If you disagree with any amendments, you must stop using sdjmalik’s site and service.
sdjmalik owns all intellectual property and other rights, title and interest in and to its site and service (except for licensed, user-provided content). You may only use the site and service according to sdjmalik’s terms, rules, and guidelines found on its site.
By placing an order using sdjmalik’s site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with sdjmalik only. sdjmalik sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. sdjmalik cannot guarantee the continued availability of any products or designs found on its site. sdjmalik reserves the right to reject orders for any reason or no reason. If your order is rejected, you will be notified via email.
sdjmalik’s performance of an order is completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and sdjmalik cannot replace the order in a reasonable amount of time, sdjmalik will notify the customer immediately. If there is a product defect, sdjmalik’s return policy will apply, which can change anytime.
sdjmalik warrants that it will ship orders within up to three weeks after orders are placed. Normally, products are shipped within a few days and typical delivery times are 2-5 days. In certain circumstances, shipment and delivery can take up to three weeks.
sdjmalik will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on weight and shipping destinations.
Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return). sdjmalik is not responsible for any damaged products caused by the shipping carrier.
You agree that sdjmalik has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. sdjmalik does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make. sdjmalik may use subcontractors or third parties to provide certain elements of its site and service. You agree that sdjmalik will not be liable to you in any way for your use of these services.
You use sdjmalik’s site and service at your own risk. sdjmalik is not responsible for the actions, content, information, or data of third parties. You release sdjmalik from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against sdjmalik or any related third parties.
sdjmalik is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and sdjmalik, even if advised of the possibility of such damages. sdjmalik’s aggregate liability arising out of or in connection with the site and service or any agreement between you and sdjmalik may not exceed the lesser $100 or the amount of cash actually exchanged between you and sdjmalik within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, sdjmalik’s liability will be limited to the fullest extent permitted by applicable law.
sdjmalik may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if sdjmalik believes that you (or any others whom sdjmalik believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with sdjmalik, its affiliates, contractual partners, or users; or if sdjmalik believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for sdjmalik, its affiliates, contractual partners, or users. Limitation of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service. If you delete your account, this entire agreement and any other agreements you have entered into with sdjmalik will survive indefinitely until otherwise terminated according to their terms, if applicable. If there are any conflicts between this agreement and another agreement between you and sdjmalik, then the terms of that other agreement will control only to the extent they are inconsistent. Otherwise, any additional terms are supplementary to the terms of this agreement. You agree that your acceptance of this version of this agreement and all other agreements incorporated by reference apply retroactively to your use of the site and service prior to the effective date of this agreement.