Terms
Matt6 Studios, LLC, a New Jersey Limited Liability Company, is doing business as everBe Designs. Matt6 Studios, LLC is responsible for all terms and conditions below.
Acceptance. The complete and exclusive statement of the terms and conditions of the agreement(“Agreement”) between the parties for the sale of products by everBe Designs to its customer(“Buyer”) are contained in this document. Buyer agrees to these terms by placing an order. If Buyer has already placed an order and no longer wants to be bound to this Agreement then Buyer must either promptly cancel the order within 24 hours of placing the order by calling 856-767-3134 M-F 8am-5pm EST US or promptly return the purchase in accordance with everBe Designs’s Return Policy. Any terms proposed by Buyer which are contrary to those set forth in this Agreement and any supplement to or modification of this Agreement by Buyer shall be ineffective unless accepted in writing by an officer of everBe Designs. The sale of products pursuant to this Agreement shall be completed once everBe Designs has tendered the Products at the shipping point to Buyer or to a carrier for delivery to Buyer.
Notices. everBe Designs may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to everBe Designs.
Cancellation. Because all orders are processed and immediately queued into production, there is very little time for intercepting an order to cancel before it goes to print. If you do need to cancel your order, please contact Customer Service the same day of your order during regular business hours: Monday – Friday, 8:00 a.m. – 5:00 p.m., EST. While this is no guarantee that we can cancel your order, we will do the best we can to accommodate you.
If the order has already been printed and you wish not to cancel it, we may be able to change shipping information or upgrade shipping if needed. If the order has already been printed and you need the order reprinted due to changes you would like to make on the product, we can at that time offer a discount to reorder.
Payment Terms. Unless otherwise agreed to by everBe Designs, payment authorization must be received by everBe Designs prior to our acceptance of an order. In instances where everBe Designs has approved Buyer’s credit application, or unless otherwise agreed to by the parties, everBe Designs shall invoice Buyer upon shipment. Payment is due and payable in full upon receipt of the invoice, unless noted otherwise. All sales, excise and similar taxes (but not income taxes) which everBe Designs may be required to pay or collect with respect to the products shall be charged by everBe Designs to and for the account of Buyer.
Shipping Terms. Shipment shall be F.O.B. everBe Designs’s shipping location or its distributors, the method of shipment selected by Buyer and carrier to be selected by everBe Designs. Shipping charges may be incurred by Buyer depending upon the method selected or prior agreement. Title and all risks of loss or damage shall pass to Buyer upon delivery to a carrier. Delivery dates are approximate and are based upon prompt receipt of all necessary information from Buyer.
Limitation of Liability. As between Buyer and everBe Designs, the parties mutually agree to indemnify one another and hold each other harmless from and against any losses, claims, damages or liabilities, to the extent caused by the negligence or other wrongdoing of the indemnifying party and related or arising in any manner out of any transaction, proposal, sale of products, or any other matter (collectively, the “Matters”) contemplated by this Agreement. Notwithstanding anything to the contrary in this Agreement, everBe Designs aggregate liability related or arising out of any Matters shall not exceed the aggregate amount of compensation collected by everBe Designs with respect to such Matters.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
Force Majeure. Neither party shall be liable for damages for any delay in or failure of performance (except as to any payment obligations required under this Agreement) caused by events beyond the reasonable control of either party, including but not limited to acts of God, flood, war, strikes, labor disputes, fire, embargo, governmental action, change in laws or unavailability of materials, if such party gives prompt written notice to the other claiming an event of force majeure.
Choice of Law/Forum. This Agreement shall be interpreted according to the laws of the State of New Jersey, except its conflict of laws. Any dispute resolution proceeding arising out of or relating to this Agreement shall be held in, or in a court with jurisdiction over, Camden County, New Jersey. In the event a dispute arises between the parties, it is mutually agreed that each party shall pay its own costs and expenses incurred, including without limitation attorney’s fees. No legal proceeding shall be brought by Buyer for any breach of this Agreement more than six (6) months from the occurrence of the event.
Miscellaneous. Your use of this site shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of everBe Design products) shall be in the state or federal courts located in New Jersey. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of everBe Design products) must be commenced within one (1) year after the claim or cause of action arises. everBe Design’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. everBe Design may assign its rights and duties under this Agreement to any party at any time without notice to you.
Indemnification. You agree to indemnify, defend, and hold harmless everBe Design, Matt6 Studios, LLC officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Limit of Liability. everBe Designs shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Warranty Disclaimer. This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, everBe Design disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. everBe Design does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. everBe Design does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Termination. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by everBe Designs without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Copyrights. Matt6 Studios, LLC / DBA everBe Designs are the sole creators and owners of all images, designs and works on this website. We reserve all rights and do not authorize any other usage of our products. Any un-authorized use is strictly prohibited and we will explore every legal means necessary to protect our work. This is not limited to reverse image search, robot crawls and other technical means by which we track and monitor our products and designs.