These Terms and Conditions govern your use of the Ebern Designs® website and any services, including purchases made through the site. Please read these Terms carefully before accessing the site. By using this website, you agree to be bound by and comply with these Terms. Do not use the site if you disagree with any of the Terms.
Making Purchases
You must be at least 18 years old or have parental consent to make purchases through Ebern Designs®. By placing an order, you represent that you are of legal age and mental competence to enter into purchase contracts.
Product Availability
We make efforts to display accurate product availability on our site. However, items may become unavailable without notice based on supply delays,returns, or other issues. We apologize for any inconvenience this causes.
Pricing and Tax
All prices displayed on the site are quoted in U.S. dollars. We reserve the right to change pricing at any time without notice.
Applicable taxes will be added to your total at checkout. You are liable for these taxes based on your location.
Promotions and Discounts
Promotional codes, discounts, and special offers are occasionally available. Offers are subject to terms, conditions or restrictions listed. Ebern Designs® reserves the right to modify or withdraw offers at any time without notice.
Cancellations and Refunds
If you wish to cancel your order, please contact us immediately. Our ability to stop an order depends on when the request is received and shipping process stage.
Returns and refunds are allowed on most items within 30 days from delivery for a full refund, minus any shipping fees. Items must be in new, unused condition with original tags/packaging. Please see our Returns Policy for full details.
Payment Methods
We accept major credit/debit cards (Visa, MasterCard, American Express, Discover), PayPal, and pre-approved payment plans through Affirm.
Card payments are processed securely through industry-standard encryption and security measures. Unfortunately we cannot accept cash, money orders, or checks.
Delivery and Shipping
We will make efforts to deliver your order to you as quickly as possible, but stated delivery times are only estimates. Shipping timeframes depend on warehouse location, delivery destination, and other factors.
Shipping and handling fees will apply based on your location, order size, and other aspects. All deliveries require a signature upon receipt. Please inspect packages promptly and report any damage/issues within 48 hours.
Gift Cards
Ebern Designs® gift cards do not expire and have no fees. Gift cards are non-refundable and cannot be redeemed for cash, except where required by law. Lost or stolen gift cards cannot be replaced. Gift cards are only valid for purchases on EbernDesigns.com.
Account Registration
You have the option to register for an account with Ebern Designs®. By creating an account, you agree to provide current, complete, and accurate information about yourself. Account registration may require acceptance of additional terms specific to account usage.
You are responsible for maintaining account confidentiality. Do not share your login credentials with others. You must immediately notify us of any unauthorized account usage or breaches of security. Accounts are provided for individual use only. Ebern Designs® reserves the right to deactivate accounts determined to be fraudulent, abusive, or otherwise harmful.
User Content and Communications
Any communications made through the site, such as postings, information, images, representations, etc. are considered non-confidential and you grant us license to use such content. Where allowed, you retain ownership of and responsibility for any content you post.
We have the right to monitor, delete, disclose, or restrict communications if we believe in good faith that such action is needed for legal compliance or to protect our rights/property. This includes unauthorized, threatening, offensive or illegal content.
Posting false, inaccurate, misleading, defamatory, or libelous content is grounds for account termination and further legal action. Please practice courtesy and respect when communicating on our site.
Intellectual Property Rights
All content on the Ebern Designs® site including text, graphics, logos, product images, etc. are the property of Ebern Designs® or its suppliers/partners. The compilation, organization and presentation of all content on the site is the exclusive property of Ebern Designs® and protected by U.S. and international copyright laws.
The trademarks, service marks, and logos displayed on the site are registered and unregistered marks belonging to Ebern Designs® and others. Nothing on this site may be reproduced, republished, uploaded, or distributed without our prior written consent. Customers may download, print, and use site content solely for personal, non-commercial purposes if not otherwise prohibited. Any other use of protected content requires written permission from us.
Links to Third-Party Sites
The Ebern Designs® website may contain links to third-party websites that are not controlled or operated by Ebern Designs®. We are not responsible for the content, services, policies, or practices of any third-party site. Links are provided solely for convenience and do not imply endorsement of these sites. You access third-party sites at your own risk. Please check the policies of any third-party site before using it.
Disclaimers and Limitations
Ebern Designs® aims for customer satisfaction. However, we make no warranties or representations regarding the site, including:
- Site availability, reliability, or ability to meet any user needs
- Safety, accuracy, reliability, or completeness of site content
- Harm that may result from site use or accessing third-party links
- Ability to purchase site products/services and quality of products/services
This site and related services are provided “as is” without warranty of any kind, expressed or implied. Ebern Designs® specifically disclaims any implied warranties including merchantability, fitness for any particular purpose, title, and non-infringement.
Ebern Designs® is not liable for any loss, whether direct, indirect, consequential, incidental, or any other losses connected to the use of this site or services, including due to negligence, breach of contract, or tort law.
Certain state laws do not allow limitations on implied warranties or exclusions of certain damages. If these laws apply, some exclusions/limitations may not apply.
Indemnity
As a condition of using the Ebern Designs® site, you agree to fully indemnify and hold harmless Ebern Designs® and its agents from any damages, liabilities, claims, or expenses including legal fees arising from any claim or demand made by any third party relating to your use of the site or violation of any law/rights of others. Ebern Designs® reserves the right to assume exclusive defense in any matter subject to indemnity.
Applicable Law and Jurisdiction
These Terms are subject to the laws of the United States and the State of Georgia. All users of our site consent to jurisdiction in Fulton County and the State of Georgia regarding any disputes that may arise, whether direct or indirect, concerning our site. We retain the right to bring legal action in any appropriate jurisdiction.
Site Policies and Additional Terms
In addition to this Terms and Conditions Policy, users of this site must adhere to all policies and terms posted on the site including:
- Privacy Policy
- Cookie Policy
- Shipping and Returns policies
- Promotions and sales policies
Ebern Designs® reserves the right to amend site policies at any time without notice. Continued use of our site indicates agreement with posted revisions. Failure to abide by applicable policies may result in appropriate civil/legal action and possible suspension of site access and privileges.
Modifications and Interruptions
We reserve the right to make changes or updates to our site, policies, services, and products at any time without notice. We may also make improvements/changes to features, functionality, or content layout without notice.
Ebern Designs® may need to interrupt site operations on occasion for maintenance, upgrades, or emergencies. We cannot guarantee continuous or problem-free site access. We will make reasonable efforts to minimize disruptions where possible.
Account Termination
We reserve the right, with or without notice, to terminate any account determined no longer aligned with our business priorities or violating site policies. Reasons may include but are not limited to illegal/fraudulent activity, unacceptable content, security risks, site misuse, etc.
Account termination may involve blocking your IP address or device to prevent re-registration. Access to purchase history, saved information, and other account details may also be revoked as part of termination.
Entire Agreement
This Terms and Conditions document constitutes the entire agreement between Ebern Designs® and all site users. This Agreement supersedes all prior understandings regarding use of this site. If any provision in this Terms document is found invalid by law or courts, all other provisions will still remain valid and enforceable.
Any waiver of terms must be expressly stated; otherwise original terms remain in effect. This Agreement and related terms extend to any successors or assigns. This Terms and Conditions Policy was last updated on March 1, 2023.
By using this website, you acknowledge that you have read, understand, and agree to follow and be bound by these Terms and Conditions. If you have any questions, please contact us before proceeding to use this site.
