Terms of Service

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1. Overview

This website (“Website“, “Online Shop“) is operated by Digitally Organic Hybrid Products,. d/b/a Decorate Our Home Planet, For the purpose of these Terms of Service (“Terms of Service”, “Terms”), the terms “we”, “us” and “our” refer to Digitally Organic Hybrid Products and the terms “you”, “user”, or “customer” refer to users of the Online Shop and customers of physical and Digitally products from the Online Shop. Digitally Organic Hybrid Products offers this Online Shop, including all information, tools, services and products available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Online Shop and/or purchasing something from our Online Shop, you engage in our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Online Shop, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Online Shop. By accessing or using any part of the Online Shop, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Online Shop or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, tools or products that are added to the current Online Shop shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Online Shop. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Online Shop following the posting of any changes constitutes acceptance of those changes.

2. Offerings of Digitally Organic Hybrid Products

Digitally Organic Hybrid Products offers physical products through our Online Shop. They are brought to you through our product brand Decorate Our Home Planet. We undertake our best efforts to provide you with high quality products.

3. Online Shop Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

When making purchases in our Online Shop, you have the possibility to register as a user by creating a customer account (hereinafter: “Customer Account“ or “Account“). Purchases in our Online Shop can also be made as a guest. The data requested for registration must be stated accurately.

You are prohibited from entering data of any third-parties and must keep your personal information up-to-date (see Section 5). Sending us your complete registration form is considered an offer of you to use our Service. You will receive a confirmation by E-Mail with personal Login-Data (hereinafter: “Login-Data“) when applicable. When receiving the confirmation E-Mail, we are accepting your offer. We have the right to reject registrations without giving any reason and without penalty.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

4. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Online Shop through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

5. Accuracy of Billing and Account Information; Orders and Payment

You agree to provide current, complete and accurate purchase and account information for all purchases made in our Online Shop. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All orders placed through our Website are subject to our acceptance. We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the E-Mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

For more details, please review our Returns Policy.

6. Access Data

You must keep your password and Login-Data secure. You are fully responsible for all use of your Account and for any actions that take place using your Account.
It is prohibited for you to allow others to use your Login-Data or Account. Maintaining the confidentiality and security of your Account is solely your responsibility. In the case of any unauthorized use of your Login-Data and/or Account, you agree to notify us immediately. We will not be held liable for any losses arising out of the unauthorized use of your Login-Data and/or Account. You further agree to indemnify and hold us harmless or any associated companies, agents, affiliates and/or licensors, as applicable, for unauthorized uses of your account.

If you violate these Terms of Service: (a) by submitting false information during the registration process; and/or (b) due to unauthorized disclosure of Login-Data, especially passwords, we are entitled to terminate the use of your Account temporarily or permanently and/or block access to your Account with immediate effect or withdraw access within a time period set by us at our discretion and/or terminate the user agreement extraordinarily and with immediate effect. In such a case, you may not register for a new Account without former explicit written consent by us.

7. Physical Products

By clicking on the “ADD TO CART” button and proceeding with the ordering process, the customer can order any physical products. The customer’s offer is submitted by clicking on the “Complete order“ button. As soon as the customer receives a confirmation of the order via E-Mail, the contract takes effect.

We have made every effort to display as accurately as possible the colors and images of our products that appear in our Online Shop. We cannot guarantee that your computer monitor's display of any color will be accurate.

Certain products or services may be available exclusively online through the Online Shop. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. While we attempt to provide accurate descriptions of the products and services available on our Website, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free. We reserve the right to discontinue any product at any time. We cannot guarantee that all items listed as “in stock” will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order, but is sold out by the time we attempt to process the order. Any offer for any product or service made in this Online Shop is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through this Online Shop will meet your expectations, or that any errors in the Service will be corrected.

8. Delivery Terms

The customer bears any shipping costs that may be involved in the delivery of physical products, unless explicitly stated otherwise.

The delivery times stated in our Online Shop are estimates. We are not responsible for any non-compliance with estimated delivery times as third-party service providers carry out the delivery of our products.

You will receive a full refund of your payment if, due to copyright issues or for good cause, we cannot deliver the product (see Return Policy)

9. Prices and Terms of Payment

Only the prices stated in our Online Shop are binding. We reserve the right to change prices without notice.

The purchase price for individual orders of physical products are to be paid in advance and immediately upon completion of the ordering process.

We are offering you multiple methods of payment. The purchase price of physical products can be paid via credit cards, PayPal, Google Wallet, or physically (Parkmont Delivery Only).

If payments are not authorized, we will notify you about the cancellation of your order. If the order has already been sent, you must return it at your own expense.

If the payment process is carried out via payment system providers, their terms of use apply exclusively. A user account might be required by the payment system providers to carry out transactions.

All physical products that are part of one order remain our property until the full payment for that order has been received.

We will compile an invoice about the ordered products and send this to your E-Mail address. We may charge additional fees should you request a paper invoice.

10. Intellectual Property Rights

Digitally Organic Hybrid Products owns the copyrights: (a) of all materials in the Online Shop and products/services; or (b) has reproduced these with the copyright owners permission. All materials and products may only be used for strictly personal purposes.

You may not use any names, trademarks or registered trademarks of products or services provided by us.

Please contact us through the various methods listed at:

dohp.com/contact

should you require further information regarding permission to use our materials and/or products/services in any other than for a strictly personal use.

11. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available in this Online Shop is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

12. Modifications to the Service

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

13. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

14. Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

15. User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false E-Mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

16. Personal Information

Our Privacy Policy governs your submission of personal information through the Online Shop.

17. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

18. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.

19. Disclaimer of Warranties; Limitation of Liability

1. Disclaimer of Warranties. IN ORDER TO PROVIDE YOU WITH THIS SERVICE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN ON THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEB SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

2. Limitation of Liability. IN ORDER TO PROVIDE YOU WITH THIS SERVICE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING ON THIS WEB SITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES. In no case shall Digitally Organic Hybrid Products, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

20. Indemnification

You agree to indemnify, defend and hold harmless Digitally Organic Hybrid Products and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

21. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

22. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

23. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

24. Governing Law, Mandatory Arbitration, and Venue

These Terms of Service and any separate agreements are subject to the law of the State of California, United States, without regard to choice or conflicts of law principles. Further, you and Digitally Organic Hybrid Products agree to the exclusive jurisdiction of the state and federal courts in California to resolve any dispute, claim or controversy that arises in connection with these Terms of Service.

If you are a United States user, the following mandatory arbitration provisions also apply to you:

1. You and Digitally Organic Hybrid Products agree that any dispute, claim or controversy arising out of or relating in any way to the Service or your use thereof, including these Terms of Service or other Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Digitally Organic Hybrid Products are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Terms of Service and the termination of your Digitally Organic Hybrid Products account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Terms of Service, and as administered by the AAA. You and Digitally Organic Hybrid Products agree that these Terms of Service involve interstate commerce and are subject to the Federal Arbitration Act. Furthermore, you agree that any dispute, claim or controversy with an amount of $75,000.00 or less shall be determined by one arbitrator, and the parties shall submit written evidence to the arbitrator without a hearing.

2. YOU AND Digitally Organic Hybrid Products AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.

3. Any arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must bee asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder to be paid by Digitally Organic Hybrid Products.

25. Changes to Terms of Service

Occasionally Digitally Organic Hybrid Products may, in its discretion, make changes to the Service and these Terms of Use. When we make changes to the Agreements that we consider material, we’ll notify you through the Service or by the e-mail address you used to register on the Website. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

26. Contact Information

Questions about the Terms of Service should be sent to us through the various methods listed at:

dohp.com/contact

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