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Terms and conditions

Welcome to Genius Design! We’re really glad to have you here. When you visit GeniusDesign.club ("Genius Design International", "Genius Design", "we", "our", "us") and/ or purchase something from us, you engage in our “Service(s)” and agree to abide by the following Terms & Conditions (“Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all Conditions, then you may not access our website or use its Services. Please read them carefully.

 

Personal Information and Privacy

Your visit to GeniusDesign.club and the submission of personal information is governed by our Privacy Policy. Please review our Privacy Policy in order to understand our practices.

 

Your Account

To shop at Genius Design, you’ll need to create a client account. Here are the rules:

  1. You have to be 18 or older to use our Services. If you are under 18, you may only use our Services with the consent and under the supervision of a parent or legal guardian.

  2. You agree to provide current, complete and accurate account information. 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.

  3. You are responsible for maintaining the confidentiality and security of your account and password. You’re solely responsible for any activity on your account, so don’t reveal your account information to anyone else and keep your password secure. In the event of any security breach, you agree to immediately notify Genius Design.

  4. Termination and other matters: At any time, for any reason, and without advance notice, Genius Design reserves the right to refuse or suspend Service, terminate accounts, remove or edit content, or cancel orders. You agree that Genius Design shall not be liable to you or to any person as a result of any such suspension or termination.

  5. Survival: The Conditions will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

 

Terms & Conditions of Sale

The following Terms and Conditions of Sale (the ‘Terms’) apply to all orders placed with Genius Design and you, the “Client’’.

  1. Product Description: We make every effort to ensure that product descriptions, measurements, prices, colors and images are accurate. That being said, we cannot guarantee that product information is complete, reliable, current, or error-free, nor that your computer monitor's display of any color is accurate.

  2. Prices: Prices for the products offered on our site are subject to change without notice. In addition, prices are subject to change at any time prior to our completion of your order. In the event we discover a material error in pricing, we will notify you of the corrected price, and you may choose to accept the corrected version, or cancel the order.

  3. Taxes: All product prices are exclusive of any taxes, fees, duties, and levies, however designated or imposed (collectively, “Taxes”). Where applicable, such taxes and charges will be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges are added, as required by law.

  4. Shipping Charges: Shipping charges are payable by the Client, are added to the invoice upon completion of the final order.

  5. Handling Fees: Unless otherwise agreed in writing by the Client and the seller, Genius Design will not charge handling fees.

  6. Currency: All transactions are billed in Canadian dollars. For your convenience, you have the option to estimate order value in two other currencies, namely in Euros or U.S. dollars. Although we make every effort to provide accurate exchange rates, such estimates do not guarantee the accuracy of the order value.

  7. Order Validation and Acceptance: When you place an order, we may verify your method of payment, shipping address and other personal information. When you place an order, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order or other communications relating to your order. You agree that we will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address, or other impediments to your receipt of our communications outside of our reasonable control. At our sole discretion, we reserve the right to refuse any order you place with us, or any part of an order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail or other contact information you provided with your order.

  8. Product Offer and Availability: Since some of our partner designers have limited production capacity, products offered on our site may have limited availability. At any time and for any reason, we reserve the right to limit the quantities of any products that we offer. Products may also be out-of-stock. If a product you order is out of stock at time of order, you may elect to have it shipped on a subsequent shipment. Backorders will be held based on your request and additional shipping charges will apply to each shipment.

  9. International Sales and Export Compliance: All orders of international origin or destination are subject to export control laws, restrictions, regulations. From time to time, an order for a product may be made on this site and be prohibited or otherwise restricted in specific jurisdictions. Such orders may be deemed void where applicable. We shall exercise this right to deny orders on a case-by-case basis.

  10. Payment. We only accept payment through PayPal. All payments must be made in Canadian dollars. If your payment is initially approved by PayPal, and later dishonored for any reason, you agree to pay to Genius Design all costs incurred by us in collecting on any dishonored payment or on any past due amount from you, including all court costs, collection costs, and attorney’s fees.

  11. Order Modification or Cancellation: If you wish to modify or cancel of all or part of any order after a transaction has paid but BEFORE we email the shipping notice, such changes or cancellation are subject to Genius Design’s prior written consent in each instance. If your modification or cancellation request is accepted by us, you agree to pay us all expenses incurred and damage sustained by us because of your order modification or cancellation.

  12. Shipping: Our Genius Designers handle shipping on our behalf and are committed to proceed with the shipping of the products you purchased within 48 hours of payment. Upon shipment, Genius Design will email you a shipping notice and a tracking number. The delivery date will depend on the Genius Designer and your respective locations. Shipping fees are indicated separately on your invoice. Note that if delivery is delayed or made impossible due faulty information or neglect on your part, additional shipping fees may be billed to you to complete delivery.

  13. Shipping Damages: Upon receipt, if you notice that the product has been damaged in transit, immediately contact Genius Design Client Services by email at wecare@geniusdesign.club or by telephone at (438) 397-5481. Please make sure you keep the shipping box and all packing material intact.

  14. Return and Refund Policy: In short, if you are not a 100% satisfied with your purchase, you can return any product you bought though our site within 14 days of receipt of such product. To be refunded, the returned product must be in the original packaging and in new, unused and resalable condition, be accompanied by the original invoice number, include a brief explanation of the reason for the return. Upon receipt, we will review and accept the return if it complies with applicable conditions, then proceed with your refund and your PayPal account will be credited accordingly. We will also refund all or part of the shipping costs you incurred to return the product, up to the amount Genius Design charged you for the initial shipment. For information on how to proceed with returns, please refer to our FAQs.

 

Hyper-Links to Other Websites

Our website may include links to other websites that are not affiliated with us. These links are provided for your convenience. We do not endorse or make any representations about them, are not responsible for examining or evaluating the content or accuracy, 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.

 

Unlawful and Prohibited Uses

In addition to other prohibitions in the Terms & Conditions, you are prohibited from using the site 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; (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 our site or any related website. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Ownership

All content included on the GeniusDesign.club site - such, trademarks, logos, designs, graphics, pictures, illustrations, software, artwork, graphics, video, music, sound, names, words, titles and phrases - is owned by Genius Design or by Genius Design content suppliers, and is protected by copyright, trade-mark and other intellectual property laws and treaty provision laws.

All software used on the Genius Design site is the property of Genius Design or its software suppliers, and protected by Canadian and international copyright laws.

Copyright Complaints: Genius Design respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at wecare@geniusdesign.club.

 

Disclaimer of Warranties and Limitation of Liability

Although care has been taken to ensure the accuracy of the information on our site, including but not limited to the information in connection with the services provided and products offered by Genius Design, Genius Design makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. Therefore, your use of the site is at your own risk. The site, including all contents, and functions made available on or accessible through the site, is provided "as is" and "as available". To the fullest extent permitted by law, with regard to the contents on the site, Genius Design here by expressly disclaims any representations or warranties of any kind whatsoever, express or implied, contractual or statutory, (1) for the accuracy, completeness, merchantability, availability, fitness for any particular purpose, or non-infringement of intellectual property of any Product and content published on or available through the site; nor (2) that the site or the servers which make the site available or electronic communications sent by Genius Design are free from viruses or any other harmful elements.


In no event, including but not limited to Genius Design's negligence, shall Genius Design or any of its subsidiaries or affiliates or related entities be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption) resulting from, arising out of or in connection with the use of the GeniusDesign.club site.
 

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, you might have additional rights. In such instances, our liability shall be limited to the maximum extent permitted by law.

 

Indemnification

You agree to indemnify, defend and hold harmless Genius Design 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 legal fees, which may be incurred by reason of or in connection with your use of this site which may be incurred by reason of or in connection with your use of this site.

 

Changes to Terms & Conditions and Site Policies

We may update these Conditions from time to time, as well as our other policies, such as our privacy policy. Any changes will be effective immediately upon their posting on our site and your use of our site will be subject to the version of the Conditions posted at the time of such use. You are responsible for reviewing and becoming familiar with any changes. Your continued use of or access to our site constitutes your acceptance of the updated Conditions. If you do not agree to any modifications to these Conditions, then you may not access our website or use its Services.

 

Applicable Law

The Conditions are governed by the laws of the Province of Quebec and the laws of Canada, without regard to its conflict of laws rules. These laws will apply no matter where you live in the world. The courts of the Province of Quebec shall have exclusive jurisdiction over all disputes. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts.

Your use of the Services may also be subject to other laws. You agree to comply with all local, provincial, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services.

 

Entire Agreement, Waiver and Severability

These Conditions together with and any policies or operating rules posted by us on this site or in respect to the Services constitute the complete and entire agreement between you and Genius Design 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) 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)

Our failure to enforce any part of the Conditions is not a waiver of our right to later enforce that or any other part of the Conditions. We may assign any of our rights and obligations under the Conditions.

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

 

Contact Information

Questions about the Terms & Conditions should be sent to us at wecare@geniusdesign.club.


 


 

Date of Last Modification:

June 24, 2016