Accepting These Terms
The TOU is a legally binding contract between you and Little Marvel Designs (“LMD”).
This contract sets out your rights and responsibilities when you use littlemarveldesigns.com (I’ll refer to littlemarveldesigns.com as the “Website”). Please read the TOU carefully. By using the Website you agree to the TOU. If you do not agree to the TOU, you may not use the Website.
You and Your LMD Account
1) You must be 18 years of age or older to use the Website. Illustrations and sketches posted on the Website may show partial or full nudity. Please understand these images are intended to be artistic and by no means degrading or erotic. In an effort to shield those not wishing to see said nudity, the main product image or post photo will be suitable for general audiences. A label may also be displayed on the main photo to let the user know that sub-images show nudity.
2) Provide accurate personal information about yourself. LMD only asks for information it needs to fulfill your order. Review your entered information for accuracy. The accuracy of the shipping address is extremely important. Do not use false information or impersonate another person or company through your account.
3) Be respectful when submitting a username. Offensive, vulgar and hateful usernames violate the TOU.
4) Account responsibility and safety. You are responsible for the activity on your account and the security of your password. LMD has the right to terminate your account and access to the Website at any time and for any reason especially if inappropriate behavior, foul play or abuse is suspected.
5) Posting and sharing photos. By posting a photo of an LMD product in a review, you grant LMD the right to post and share the photo on social media, marketing, and advertising channels. I will also include your social media username in the post or hard copy with your permission. If you share my product photos, give credit to Heather Ferlazzo and/or LMD in the form of “@littlemarveldesigns”, “#heatherferlazzo”, or “#littlemarveldesigns” in your post. Portraying LMD products in a manner which is degrading to LMD or others is prohibited.
Use of the Website
Use of or interfering with the Website’s operation to execute or distribute harmful or malicious computer code, or in an attempt to gain access to personal information is prohibited.
All products, images, and their corresponding text on the Website are owned by Heather Ferlazzo and protected by copyright law unless otherwise declared. Purchasing these items does not transfer the copyright. Products, images and their corresponding text may not be claimed as your own, copied, altered or resold. Sharing of LMD product images from the Website on social media is acceptable if credit is given to Heather Ferlazzo and/or LMD in the form of “@littlemarveldesigns”, “#heatherferlazzo”, or “#littlemarveldesigns”.
LMD may refuse the right to sell to anyone, at any time, for any reason. I realize that sounds a bit harsh so I’ll explain. To cite a few examples, if a person visits the Website and is argumentative, insulting, insists on requests I cannot fulfill, or asks suspicious questions that leads me to believe they are attempting to copy/resell my products, I reserve the right to refuse sale and show them the proverbial door. I also reserve the right to terminate their account with and access to the Website.
Returns and Refunds
Refunds are evaluated on a case-by-case basis.
1) Damaged items. All items are packaged carefully to withstand possible shipment abuse. If an item arrives damaged the buyer must contact LMD within 3 days of delivery with a photo of the damaged item and packaging.
2) Non-delivery. All items will ship with a tracking number. In the event that an order never reaches its destination as confirmed by the USPS tracking system stating “In Transit” for more than 15 business days, a refund or replacement item will be issued to the buyer. Items lost in the mail are not the responsibility of LMD, however, LMD will issue a refund for the lost item including the shipping cost or will ship the replacement item at no cost to the buyer.
3) Undeliverable or Incorrect shipping address. The buyer is responsible for submitting the complete and correct shipping address. LMD is not responsible for orders that are undeliverable due to an incorrect or incomplete shipping address. LMD is also not responsible for orders that arrive at the wrong address. The buyer assumes the cost of re-ordering and re-shipping the order to the correct address.
4) Other reasons. The buyer must contact LMD within 3 days of delivery with a reason for requesting a return/refund. In the event that LMD grants a refund, the buyer is required to return the original item(s) to LMD in its original new condition and in the original packaging. After the buyer receives notification that a refund will be granted, the buyer must ship the item(s) within 3 business days to the address specified by LMD. The buyer must also email a tracking number to firstname.lastname@example.org. Once a tracking number is received and the USPS tracking system shows the package was accepted, LMD will issue the refund. The buyer is responsible for the return shipping cost. The original shipping cost is non-refundable.
Warranties and Limitation of Liability
1) Products. LMD strives to produce quality products, but does not make any warranties about the quality or safety of its products. You release LMD and Heather Ferlazzo from any claims related to items received from LMD, including items that break or are defective, item damage due to use or environmental conditions, or items that caused physical injury to humans or animals.
2) Content. The content on the Website may include materials you find inappropriate such as nudity. As stated above, you must be 18 years of age or older to use the Website. You release LMD and Heather Ferlazzo from all liability relating to that content.
4) Coupon Codes. LMD may issue coupon codes for promotions, special offers, or refunds. If LMD believes a coupon code is being used suspiciously, fraudulently, or in an otherwise unauthorized manner LMD may terminate the coupon code with or without notice.
5) Warranties. The Website has security measures in place, however, you use the Website solely at your own risk. LMD does not guarantee the Website to be secure, without defects or errors, free of viruses, malware, or other harmful computer codes.
6) Liability Limits. To the fullest extent permitted by law, neither LMD, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Website or the TOU. In no event shall LMD’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid LMD in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
Changes to the TOU
LMD may update the TOU at any time without notifying you. Changes to the TOU are effective upon their posting. You are responsible for reviewing the changes before making a purchase on the Website. Purchasing from the Website constitutes your acceptance of the TOU.
1) Enforcement. Failure on LMD’s behalf to enforce the TOU is not a waiver of LMD’s right to later enforce that or any other part of the TOU.
2) Service Interruptions. The Website may go off-line at any time and for any reason including maintenance or personal time off. LMD will post an announcement that includes the estimated time of return, if possible.
3) Governing Law. The TOU is governed by the laws of the State of Florida, without regard to its conflict of laws rules, and the laws of the United States of America.
4) Survival. The TOU will remain in effect even after your access to the Website is terminated, or your use of the Website ends.
If you have any questions about the TOU, please email LMD at: email@example.com.