Terms of Sale & Service
Please read these Terms of Sale & Service (“Terms of Sale”) carefully prior to making an online purchase from the wonderanddesire.com Site of Dawn Wonder Design. By purchasing items through this Site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS, which are incorporated by reference. If you do not agree to all of the terms and conditions set forth in these Terms of Sale, do not purchase any items through the Site.
We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion. We encourage you to review these Terms of Sale prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase.
1. Availability and Pricing
All items offered for sale through the Site are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S. dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice.
In the event that an item you are interested in purchasing is not listed on the Site or is listed as "Contact Us" on the Site, it may not be available for ordering from our online inventory, but may be available in the studio. Please contact customer care via e-mail at: firstname.lastname@example.org if the item is not available on the website or currently available for ordering. Please check back at a later time as our inventory is subject to change.
You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) due with respect to your purchase of items through the Site. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes. Note to International shoppers: You are responsible for any duty charged after leaving the U.S. and upon arrival and inspection in your country.
DAWN WONDER DESIGN does not charge sales tax for online orders delivered in the United States with the exception of deliveries in the state of Tennessee, in which applicable sales tax will be added to the order amount.
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment.
We currently accept payments by Visa, MasterCard, American Express or Paypal. Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.
If the issuer of the credit/debit card rejects authorization of payment to Dawn Wonder Designs, we will not be held liable for any delay or non-delivery.
4. Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location.
If you have any questions regarding shipping, please contact us by filling out the form on our CONTACT page. For more information about shipping and handling fees, including international shipping, please see our SHIPPING INFO page.
All orders ship via USPS. We require a physical address. The shipping and handling charges within the United States are $10 per order.
We do ship internationally, however, there are absolutely NO returns or exchanges on international shipments. Please see additional shipping information and charges for international orders on our SHIPPING page.
5. Returns, Exchanges and Refunds
We want you to be happy with the items you order. If for any reason you are not satisfied with an item you purchase through the Site, you may return such item (accompanied by your sales receipt) within 7 days of the date on which the item was delivered to you and elect to: (i) exchange the item for another item available for purchase through the Site, (ii) receive a refund in the amount you paid for the item, or (iii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. If you return an item to us after such 7-day return period, you may still return the item and elect either to exchange the item for another item available for purchase through the Site or to receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. No refunds are offered after 7 days of receipt.
To return an item you purchased through the Site, please complete the return section of the original packing slip enclosed with your order and indicate the reason(s) for the return and whether you wish to exchange the item or to receive a refund or merchandise credit in the amount you paid for the item pursuant to these Terms of Sale. You must enclose the completed return section of the original packing slip in the package you send to us with the item you are returning. Contact us immediately for authorization and complete return instructions.
Please allow 2-3 weeks for the processing of your return.
We cannot accept returns on items purchased during sales or special promotions, custom orders or international orders. Items must be returned with their original packaging and in perfect, unworn condition.
To return or exchange an item, please email us at email@example.com for a return authorization number.
Items cannot be accepted for a return or repair without an RA number.
For your protection, please insure the package for the full purchase amount. DAWN WONDER DESIGN is not responsible for items lost or damaged during transit.
Refunded credits do not include shipping costs.
6. Placing an Order
When you add an item to your shopping bag, you may either continue shopping or proceed to the checkout. If you are not logged in when proceeding to the checkout, you will be prompted to do so. Checkout involves 4 simple steps: Billing, Shipping, Payment and Order Confirmation.
Once we have received your order, you will receive an email acknowledging the details of your order. This email is not an order confirmation but rather recognition that we have received your requested order.
Please note that this does not guarantee the availability of the merchandise and that ALL ORDERS ARE SUBJECT TO AVAILABILITY. Although we make every effort to feature in stock pieces online occasionally we may sell out of featured items. If we are unable to complete your order, you will be notified via email within 5 business days and will not be charged for orders that cannot be fulfilled.
ONCE AN ORDER HAS BEEN PLACED, WE ARE NOT ABLE TO MODIFY OR CANCEL YOUR ORDER. We reserve the right to decline your order in the event that we are unable to obtain authorization for payment, there are shipping restrictions for a particular item, or we do not have the item in stock.
Items in your shopping bag are not reserved and may be purchased by other clients. You may choose to register your email address to the waiting list for notification of arrival of a selected piece.
We offer repairs only due to production fault. We stand behind the quality of our merchandise and are happy to provide repairs due to breakage or damage free of charge for 3 months from the date of purchase on our online store. After 3 months, repairs incur a charge at the owner's expense plus the shipping charge.
For elective repairs there is a minimum $25 service charge plus the cost of additional materials and shipping.
If an item needs to be repaired, please email us for a return authorization number. Items cannot be accepted for a repair without an RA number. Please note that we are not responsible for your item until it is in our possession and that repairs typically require 4-6 weeks to complete.
8. Ownership of Content
All content, design, information, text, images, names, likenesses, pictures, graphics, formats, code and software, technical drawings, configurations, graphics, photographs, audio and video files, scripts, links, interactive features and other material and files (collectively, “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are either registered trademarks, trademarks, trade names, service marks, copyrights or otherwise protected property of DAWN WONDER DESIGN, or used under license or otherwise, and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied, published, broadcasted, distributed, reproduced or transmitted without our prior written consent.
You agree to comply with, and keep intact, any copyright notices, trademark notices, information, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site. You may not copy, use, download, modify, frame, publish, transmit, retransmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, broadcast, cache, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any material obtained through the Site, including without limitation Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement, on the Site, by DAWN WONDER DESIGN (and all other entities with an interest in the relevant intellectual property) in writing in each instance or under applicable law.
9. Restrictions on Use
Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site.
You agree not to use the Site to provide information which is incomplete, false, inaccurate and not your own; engage in criminal activity or otherwise give rise to conduct that may violate the law or fail to comply with accepted internet protocol; attempt to interfere in any way with the Site or the Site’s security or to sue the Site’s service to gain unauthorized access to any other computer system.
10. Third Party Websites
The Site may contain links to websites and resources on the Internet that are unrelated to us and which are owned and operated by third parties (“Third-Party Sites”). DAWN WONDER DESIGN does not make any representations or warranties about any Third-Party Sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by or imply that DAWN WONDER DESIGN sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses any Third-Party Sites. We are not responsible for the contents of or any products or services offered on any Third-Party Sites. You must make your own independent decisions regarding your interactions or communications with any other website. Material available on or through Third-Party Websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of such third-party sites, and not the terms and conditions of this Agreement, govern your use of that material.
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts, as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms, we may, in our sole discretion, declare you to be in breach of the Terms, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
12. DISCLAIMER AND LIMITATION OF LIABILITY
DAWN WONDER DESIGN attempts to provide accurate and timely information. There may, however, be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site without notice.
Your use and browsing of, and any reliance by you upon this Site is at your own risk and you assume responsibility associated with the Site, provided “AS IS.” DAWN WONDER DESIGN” disclaims all warranties, conditions, representations and endorsements of any kind, either expressed or implied, with regard to the information accessed including all content and material, functions and services provided on the Site, provided without warranty of any kind, including the warranties concerning availability, accuracy, completeness, usefulness of content and information, uninterrupted access, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose.
DAWN WONDER DESIGN does not warrant that the Site, content, materials or services will be timely, secure, uninterrupted or error free, or that defects will be corrected. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and you are solely responsible for any damage that may result.
In no event shall DAWN WONDER DESIGN, its affiliates or any other respective directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action arising from or in any way related to the use of, or the inability to use, or the performance of the Site or the Content and materials or functionality on or accessed through the Site including, loss of revenue, or anticipated profits or lost business, data or sales or any other type of damage, tangible or intangible in nature. Some jurisdictions do not allow this limitation or exclusion so this may not apply to you.
You hereby agree to indemnify, defend and hold harmless, DAWN WONDER DESIGN, its affiliates, subsidiaries, and its and their respective officers, directors, employees and agents, from and against any and all claims actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
14. GENERAL PROVISIONS
Governing Law And Limitation Of Actions. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement or arising out of your use of the Site, to the jurisdiction of the federal and state courts located in New York, New York. No action arising out of this Agreement, regardless of form, may be brought by a user more than one (1) year after the cause of action has arisen.