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Terms and Conditions

Welcome to Debola Designs, home of the AfriKap! The deboladesigns website (“the Site”), is a property of Debola Designs, LLC. By using this website, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to the Site. We may make changes to any Debola Design Property and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use Debola Design’s property.

Use of Debola Designs

You may use the Site for your personal, noncommercial use only. You may not use any Debola Designs Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Site only with involvement of a parent or guardian.

Privacy

Your use of the Site is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

Information on Our Site

We try to be as accurate as possible with the information we present on the Site. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered at local pop-up vendor sites. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. Variations may exist on custom items displayed on the Site. These variations may include color of ties, fabric, or add-ons (embellishments). When applicable, please indicate in the order notes at checkout what style variation you would prefer and we will do our best to accommodate it based on availability.

*Please note that various lighting conditions and settings will affect color representation on the site

Pricing and Payments

Prices on the Site are susceptible to change at any time. This includes special promotions for certain items and discounts we may apply to items as we see fit. Pricing changes WILL NOT affect orders that have already been placed. 

Payment for all orders must be made with an authorized credit or debit card on the checkout page. Payments by Paypal are accepted at your discretion. 

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note that your card issuer may enforce an online handling fee or processing fee and in such case, we are not responsible for this. 

Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability. However, we may preauthorize your order amount with your credit card, credit account, or debit card issuer at the time you place the order, which may have an effect on your available credit line. 

Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provided to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.

Proprietary Rights

All Content included on or comprising the Debola Designs Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. copyright laws, and Debola Designs owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Debola Designs logos and other trademarks on the Debola Designs website are the property of Debola Designs and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

User Generated Content: Reviews, Comments, Communications, and Other Content

You may interact with Debola Designs in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant Debola Designs a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Debola Designs to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

Warranties

Debola Designs is dedicated to making our services the best it can be, but sometimes things can go wrong. As you use our Site, you understand that our products are provided “AS IS” and without any kind of warranty (expressed or implied). We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose as well as any warranties implied by course of performance, course of dealing, or usage of trade.  

Disclaimers and Limitation of Liability

DEBOLA DESIGNS PROVIDES THE MATERIAL MADE AVAILABLE THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY  (EXPRESSED OR IMPLIED) THAT ANY DEBOLA DESIGNS PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE ERROR FREE.

Subject to applicable law, including with respect to liability for personal injury or non-waivable statutory rights under Texas law, in no event shall Debola Designs or its officers, directors, employees, shareholders, or agents A) be liable to the user with respect to use of the Site, the content or the materials contained in or accessed through the Site (including without limitation any damages caused by or resulting from reliance by a user on an information obtained from Debola Designs), or any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance whether resulting from Acts of God, communication failures, theft, destruction, or unauthorized access to Debola Design’s records, programs, or services; and B) be liable to the user for any indirect, special, incidental, consequential, punitive, or exemplary damages, including without limitation, damages, for loss of goodwill, lost profits, loss, theft, or corruption of user information, or the inability to use the site or any of its features. The user’s sole remedy is to cease use of the site.

Links to Third-Party Websites

The Debola Designs Site may contain links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. Debola Designs does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the Debola Designs Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Debola Designs Site only for lawful purposes. Activities including, but not limited to, tampering with any Debola Designs property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Debola Designs Site are prohibited.

You may not violate or attempt to violate the security of the Debola Designs Site including, by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Debola Designs Property for unintended purposes or trying to change the behavior of any Debola Designs Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Debola Designs Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of Debola Designs (impersonating Debola Designs) or to any Debola Designs Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of Debola Designs, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Debola Designs Property or any activity being conducted on any Debola Designs Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Debola Designs Property other than the search engine and search agents we provide and generally publicly available browsers.

Disputes

You and Debola Designs each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold or distributed by Debola Designs – whether at a pop-up event, in person, over the phone, or online – including, but not limited to, advertising or sales practices relating to such products between you and Debola Designs, will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a small claims court’s authority are exempt from this dispute resolution provision, as long as they are brought individually.

BY AGREEING TO ARBITRATION, YOU AND DEBOLA DESIGNS UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF TEXAS), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND DEBOLA DESIGNS.

Shipping

We offer free delivery within and around the Houston area. Approximate delivery time is within 1-3 business days.

We will pay the cost of shipping for purchases that are equal or above $75. Tracking will be available when applicable. We are not responsible for any shipping delays that may occur once we hand over Products to the shipping provider.

All orders are shipped via USPS First Class Mail. Approximate delivery time is within 2-3 business days excluding processing time. Please allow an additional 1-2 business days for processing your order.

We do not ship to P.O Boxes.

We do not ship internationally at this time.

Shipping fees are non-refundable. If you refuse any shipments from Debola Designs, you will be responsible for the original shipping charges, plus the cost of returning the package to us.

*If you are experiencing a non-delivery or your tracking information states that your package was delivered by the carrier but you have not received it, you must contact us within 5 days to file a claim.

*We will assist you in working with the carrier to complete the claims process. Please note: Claims may take up to 30 days to complete. Debola Designs does not hold or accept responsibility for packages that have been reported as delivered by the carrier. We do not issue refunds or credits for packages that the carrier confirms as being delivered.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Debola Designs Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Debola Designs Property at any time without prior notice.

Questions regarding these Terms and Conditions may be sent to Debola Designs Support at:

E-mail: [email protected] 

Phone: 281-516-8817