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Conditions of Use

TERMS AND CONDITIONS OF USE

Thank you for visiting our website. If you want to use www.discountembroiderysupply.com, you must agree to conform to and be legally bound by the terms and conditions described below.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS,
PLEASE DO NOT USE OUR WEBSITE.

MINORS

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy by clicking on the Privacy Policy link below.

ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS

Our anti-Spam policy, as follows, is part of, and subject to, these terms and conditions of use.

We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws. If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately. If you have additional questions, comments or concerns, please contact us by sending an e-mail to discountembroiderysupply[at]msn.com and providing us with information relating to your concern. You may also mail your concerns to us at the address listed below.

SHIPPING

Prices shown are your total cost - nothing added for shipping, handling, etc. for shipments anywhere in the contiguous United States. We pay the cost of shipping the first pound to Alaska, Hawaii and Canada. Packages weighing more than 1 pound to Alaska, Hawaii and Canada will incur shipping charges for the amount over 1 pound. Expedited shipping is available at an additional cost as well. We do collect sales tax for shipments within the State of Colorado. The minimum order for orders placed through our website is $25.00 The minimum order for orders placed over the phone, fax or email is $30.00. Orders under $25.00 can be placed by phone only and are subject to an additional shipping and handling fee. In rare circumstances, we can have products drop shipped from some of our suppliers. If the supplier charges a drop ship fee, this charge will be passed on to you.

All products are shipped FOB shipping point (which means that you own any products you buy when we deliver them to the US Postal Service or to UPS). Insurance is available for an additional charge. If you choose not to insure an order and it is lost or damaged in shipment, you are responsible for any resulting loss. We highly recommend that you insure all packages. Our shipments are insured through U-PIC rather than the US Postal Service because they actually pay on claims! Per their instructions, nothing on our packaging should show that your package is shipping from Discount Embroidery Supply nor should it show that a package is insured. These things make packages targets for theft. So, while the outside of your package doesn't show that it is insured, rest assured that it is! You can learn more by going to their website at http://www.u-pic.com/. There are no refunds for insurance once a package is shipped.

We always ship as quickly as possible. When we ship your package, you will receive an e-mail message letting you know it has shipped and how it has shipped to you. Expect to receive your order within 3 to 15 business days after we ship your order. If we find that we will not be able to ship your order to you within 30 days, we will contact you for further instructions. We'd love to have control over the Postal Service or UPS, but we don't. If you want your package sooner, expedited shipping is available at an additional cost.We reserve the right to determine which company is used to ship your order to you regardless of the information shown during checkout. We ship to the address you provide when you place your order. If your order is returned to us, we will reship it to you, but you'll have to pay the cost for any re-shipments. If you don't want your order reshipped to you, we will issue a refund for your order less restocking charges outlined in these Terms and Conditions. Any refunds for items shipped to the address you provide that are returned to us will be the amount you paid for the items less the cost of shipment less a restocking fee as described below.

ACCESS TO PAYMENT INFORMATION

In order to be PCI Compliant (required by credit card processing companies) we do not have access to any payment information you provide when you enter your order on our website. As a result, your entire order will be charged to your credit card when any part of your order is shipped. If an order has backordered items, the entire order will be charged to your credit card when any part of your order is shipped.

OFFER AND ACCEPTANCE

Your completed order constitutes your offer to buy from Discount Embroidery Supply®. We reserve the right to accept or decline offers to buy. Your completed order confirms that you have accepted these terms and conditions and represents your signed authorization to process payment for your order on a credit card if you entered credit card information. If you contest credit card charges, you agree to reimburse Discount Embroidery Supply® for all chargeback fees and other charges associated with collecting payment from you.

CHANGES TO ORDERS

Changes to orders submitted through our website are not valid unless acknowledged in writing from Discount Embroidery Supply. So, if you place an order and later send an email message requesting a change to that order, your change request is not valid until that change request has been acknowledged in writing from us.

RETURNS POLICY

You'll absolutely love our products and services. However, you're fully protected by the following Returns Policy. Here's how it works...

If for some reason you're dissatisfied at any time during the first 15 days after purchase, simply call us toll free at (888) 890-8395 (or (719) 388-2041 for those outside the continental US), email us at discountembroiderysupply[at]msn.com or write us at the address below. We will provide instructions on how to return the products we shipped to you that you are dissatisfied with. If we shipped the wrong product to you, we will promptly send the correct product to you along with a postage paid envelope for you to return the product we shipped in error. If we shipped the product you ordered, we will apply a restocking fee to all such returns as long as the products are returned in a merchantable condition (i.e. we could resell them because they're in good condition). The restocking fee is the greater of 15% or $3.50. Non-stocked items, items specifically ordered for you, special orders and software cannot be returned.

If for some reason you're dissatisfied 16 or more days after purchasing using a multi-payment option (such as monthly or 3-pay), simply call us toll free at (888) 890-8395 (or (719) 388-2041 for those outside the continental US), email us at discountembroiderysupply[at]msn.com or write us at the address below, and ask for a refund of any part of the purchase price you have paid in the last 30 days. We will refund that portion of the purchase price.

In order to obtain a full or partial refund under this policy, physical products should be shipped at your expense to the address listed below, must include your purchase information (such as a copy of your receipt) so that we can make a refund, and the products should be in merchantable condition (i.e. we could resell them because they're in good condition). Returned physical products are subject to a re-stocking fee equivalent to the greater of 15 % of the purchase price or $3.50. If by returning a product according to the above procedures or cancelling a backorder, your order total falls below our minimum order, you will be assessed a shipping and handling charge in addition to the restocking charge.

Claims for shortages or damage in shipment must be made within 10 days from the ship date. While we will gladly replace defective items we have sold to you, we are not responsible for damages to sewing machines or fabrics or anything else resulting from any of the merchandise we sell. This includes damages to garments resulting from non-colorfast rayon embroidery thread.

To serve you and other customers better in the future, we request (but do not require) that you tell us why you want a refund. We want satisfied customers. Please remember that asking for a refund but continuing to use the products purchased from us is the same thing as stealing and may also violate applicable intellectual property rights law. This Returns Policy was last updated on 05-15-2010.

PICTURES AND DIAGRAMS ON OUR WEBSITE

We have made a significant effort to make sure the product pictures on our website accurately reflect the products you are buying. Sometimes, pictures may differ from the actual product shipped because a picture of the exact product may not be available. The products sold in these situations will match the description rather than the picture. Also, because each computer monitor displays colors differently, we cannot guaranty the accuracy of what you are seeing. If you want to be sure of a color, we encourage you to buy a color card with actual threads on it. While you are welcome to return items that don't match the color you wanted, these returns will be charged a restocking fee as noted previously.

SALES TAX

We are not required to collect state sales tax on your purchase from our website for all states with the exception of Colorado. However, we are required to notify you that your purchase from this website may require you to file a sales or use tax return and pay the appropriate sales or use tax directly to your state. The application of sales or use tax to your purchase may depend upon the product purchased and your status as a taxpayer. Please consult a tax professional or the Department of Revenue for your state if you have questions.

ADDITIONAL TERMS AND CONDITIONS FOR THREAD CLUBS

All of our Thread Clubs are the same with the exception of the brand of thread you select. Each Club membership is for a 6 month period. The first time you join one of our Thread Clubs, you will receive a Thread Club Starter Set which will be followed by 5 additional months of thread - all at reduced prices. Membership in our Thread Clubs renews automatically for a 6 month term unless you notify us in writing you wish to discontinue your membership. At the start of each renewal period, you will receive a bonus Stabilizer Sampler pack and will continue to receive thread at reduced prices. When you join one of our Thread Clubs, we agree to keep the prices the same for the six month Club Membership period. By accepting delivery of a Thread Club Starter Set at the reduced price, you agree to take delivery of five additional months of thread that will be shipped to you each month over the next five months. These selections will ship when you enter those selections on the website or call us at the phone numbers listed previously and will be billed at the special Club price. You may resign from any of our Thread Clubs without obligation by obtaining a return authorization for the Starter Set and making sure we receive the Starter Set within 10 days of the date you take delivery. You may buy only one Starter Set for any one Thread Club one time every 24 months. If you resign from any Thread Club prior to completing any six month membership obligation, you agree to pay a twenty dollar cancellation fee plus the difference between the value of the products you received less the difference you have already paid.

MODIFICATIONS AND TERMINATIONS

These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website's home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any reason and at any time without notice to you.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to discountembroiderysupply[at]msn.com, and providing us with information relating to your concern.

LICENSEE STATUS

You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

CONTENT OWNERSHIP

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to discountembroiderysupply[at]msn.com.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to discountembroiderysupply[at]msn.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The information on our website is provided on an ''as is,'' ''as available'' basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to discountembroiderysupply[at]msn.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

INDEMNIFICATION

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms and conditions.

COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION

You agree to obey all applicable laws while using our website. You agree that the laws of CO govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in El Paso, CO, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

SEVERABILITY OF THESE TERMS AND CONDITIONS

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

HOW TO CONTACT US

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to discountembroiderysupply[at]msn.com, and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

Discount Embroidery Supply LLC
6660 Delmonico Dr Suite 449-D
Colorado Springs, CO 80919
USA

ENTIRE AGREEMENT

These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.

This Terms and Conditions of Use was last updated on 05-15-2010.

Copyright © 2008-2009 Law Office of Michael E. Young PLLC, and licensed for use by the owner of this website at www.discountembroiderysupply.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.

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