Terms of Use
Date of Last Revision: 21/10/09
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of our Service or the Web Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not continue to use or access our Service or Web Site. It is your responsibility to regularly check the Web Site to determine if there have been changes to these Terms of Use and to review such changes.
By accessing, using our website at momentodesign.ca, or ordering from Momento Design, you agree to the following Terms of Use:
Shipping
Most of our packages are shipped via Canada Post. If you would prefer that we use a different carrier to ship your package, please let us know. We can arrange alternate shipping arrangements.
We insure your order for its full amount. Momento Design cannot be deemed liable for misplaced packages or late deliveries caused by the carrier. Should your parcel be lost in shipping, we will make every effort to retrieve your package. Once the carrier has declared the parcel lost, we will replace your order. If you choose to ship your item using an expedited or overnight courier, and it arrives later than what the guaranteed delivery time is, please notify us. We will place a claim with the carrier to receive a refund, and will in turn refund your shipping costs if applicable.
Damages
A signature is always required upon receipt. We also insure your order for its full amount. Therefore, we do not cover damages caused in shipping. Please ensure that your parcel arrives in pristine condition prior to signing acceptance of the parcel. This is your responsibility. Please notify us immediately if there has been any damage during shipment to your order. We require that you notify us within 5 days of receiving the order. PLEASE DO NOT THROW AWAY ANY OF THE PACKAGING or the order itself, as we may ask you to return the original shipment to us.
Liability
We are not responsible for photographs or other materials lost during transit. Consider making duplicates of your photographs before sending them to us. We are not responsible for delays in shipping at the fault of the carrier.
Return Policy
Due to the custom nature of our products and services, we do not accept any returns, and there are no refunds. Once your order is processed, all sales are final.
While we always make every effort to deliver a perfect product to our customers, Momento Design is not responsible for any orders that were submitted with spelling errors or incorrect personal information. If you have approved the final proof, and an error was not caught by you, we cannot be responsible for this. We can reprint a revised order for you at 40% off the regular price. You will have to pay shipping charges again as well. We may ask you to return the original shipment. We advise that you take the time to carefully proof your order and have a third-party review for extra measure. If requested, we will provide you a single hard copy proof via regular mail, prior to placing your order. This can take anywhere from 3-7 days and will add to the lead time of your order. Hard copy proofs are NOT available for all products.
If there is a mistake made by us, after you have approved the final proof, we will reprint your order with the correct information at no charge to you. We require that you notify us of any issues within five (5) days of receiving your order.
Cancellations
Cancellations can be made dependent upon the stage of the order. Orders cannot be cancelled once the proof has been approved and in production. Cancellations must be made prior to final approval, however, any and all design fees and deposits are non-refundable. Once your order goes into production cancellations cannot be made.
Use of Photographs/Artwork
You certify that you own the rights to the photograph or artwork you are submitting. You certify that you are the parent or guardian or have obtained the consent of the parent or guardian of the baby/babies or child/children whose photos you are submitting. If submitting a professional photo, you certify that you have obtained permission from the photographer to duplicate that image for the purposes of creating an announcement, invitation or other printed stationery.
Creative Rights
Momento Design retains the rights to all invitations/announcements and designs are not intended for free use.
Design Modification/Reuse
It is expressly prohibited to modify and reuse a design for invitations, announcements or the like.
Promotional Use
Unless otherwise notified, Momento Design reserves the right to use customer's designs for use on the website, promotional materials and other ways we see fit to promote the business. Momento Design will change or delete address information prior to publishing. Names, dates, pictures and other information will remain the same. If you do not want your design used in promotional advertising, send an email to info@momentodesign.ca
Copyright
All content included on the Momento Design site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Momento Design or its content suppliers and protected by Canadian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Momento Design and protected by Canadian and international copyright laws. All software used on this site is the property of Momento Design or its software suppliers and protected by Canadian and international copyright laws. Any unauthorized use, including the reproduction, modification, or creation of derivative works, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Trademarks and Service Marks
MOMENTO DESIGN and other Momento Design graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Momento Design in Canada and/or other countries. Momento Design trademarks may not be used in connection with any product or service that is not Momento Design, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Momento Design, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Momento Design. All other trademarks are the property of their respective owners.
DISCLAIMER
THIS SITE IS PROVIDED BY MOMENTO DESIGN ON AN "AS IS" BASIS. MOMENTO DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOMENTO DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOMENTO DESIGN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
If you have any questions about our terms of use, please contact us.