PHYSICAL PRODUCT TERMS & CONDITIONS
Effective Date: September 7, 2026
These Physical Product Terms & Conditions (“Terms”) govern purchases of physical products from Deesign Your Moment® (“Deesign Your Moment,” “DYM,” “we,” “us,” or “our”).
These Terms apply to orders placed through an invoice, proposal, estimate, online store, payment link, direct order, or other purchasing method that references or incorporates these Terms.
By placing an order, submitting payment, approving a proof, clicking an acceptance checkbox, or otherwise authorizing Deesign Your Moment to proceed after being provided access to these Terms, the customer (“Client,” “Customer,” or “you”) acknowledges and agrees to these Terms.
1. Scope of These Terms
These Terms apply to physical products sold, sourced, personalized, fabricated, printed, assembled, or otherwise produced by Deesign Your Moment, including but not limited to:
Custom stationery, invitations, menus, place cards, escort cards, table numbers, signage, acrylic products, wood products, cake toppers, cupcake toppers, engraved products, laser-cut products, event branding pieces, keepsake products, favors, tags, printed materials, branded products, table covers, fabric backdrops, displays, and other custom, personalized, manufactured, sourced, or assembled physical goods.
These Terms do not automatically govern website design, graphic-design-only services, event-day services, installations, rentals, consulting services, or other services governed by a separate agreement.
Certain orders may require a separate Project Agreement, Rental Agreement, Installation Agreement, Vendor Agreement, or other written agreement at Deesign Your Moment’s discretion.
2. Order Documents and Priority
A Client’s order may include an invoice, proposal, estimate, product listing, order form, approved proof, written order confirmation, or separate project-specific agreement.
The applicable invoice or proposal establishes the specific products, quantities, pricing, payment schedule, pickup or delivery method, and other order-specific details.
If there is a direct conflict between these Terms and a signed project-specific agreement, the project-specific agreement controls.
If there is a direct conflict between these Terms and a term expressly stated on the applicable invoice or proposal, the order-specific term controls for that order.
3. Quotes, Estimates, and Pricing
Quotes and estimates are valid for the period stated on the quote or proposal. If no expiration date is stated, pricing may be updated until payment or another required order acceptance is received.
Pricing may change because of changes in materials, quantities, dimensions, design scope, supplier pricing, shipping charges, manufacturing costs, availability, expedited production, or other changes to the original request.
An estimate, proposal, or unpaid invoice does not reserve production capacity, materials, inventory, or an event date unless expressly stated otherwise.
Deesign Your Moment reserves the right to correct obvious typographical, technical, or pricing errors in an online listing, invoice, proposal, or checkout system. If an order was placed based on a material pricing error, DYM may offer corrected pricing or cancel the affected item and refund amounts paid for that item.
4. Package and Bundle Pricing
Package, bundle, promotional, or custom-project pricing may be based on the overall scope of the order and may reflect efficiencies created by producing multiple items together.
If the Client removes, reduces, or materially changes part of a package after pricing has been established, the remaining products may be repriced based on the revised scope or applicable à-la-carte pricing.
Removing an item from a package does not automatically entitle the Client to a refund equal to that item’s standalone retail price.
Discounts and promotional pricing apply only to the scope and conditions under which they were originally offered unless otherwise agreed in writing.
5. Product and Material Availability
Products, substrates, colors, finishes, paper stocks, acrylic colors, fabrics, hardware, specialty materials, and third-party components are subject to availability.
If a selected product or material becomes unavailable, discontinued, backordered, or otherwise impractical to obtain, Deesign Your Moment may recommend an appropriate substitute.
Any substitution that would materially affect the appearance, functionality, or price of the finished product will be communicated to the Client before proceeding whenever reasonably possible.
6. Payment
Payment terms are stated on the applicable invoice or proposal.
Production is not guaranteed to begin until all required payments, content, information, specifications, measurements, and approvals have been received.
Deesign Your Moment may pause or decline to begin production while an outstanding payment is due.
Any delay in payment may affect the production schedule and estimated completion or delivery date.
Final products may be withheld until the applicable order has been paid in full.
Any processing, rush, delivery, shipping, or other fees identified on an invoice are part of the total order price.
7. Taxes
Applicable sales tax will be collected when required by law.
Tax-exempt Clients are responsible for providing valid exemption documentation before the applicable transaction is completed.
Deesign Your Moment is not required to retroactively apply a tax exemption when proper documentation was not provided before payment.
8. Custom and Personalized Products
Many Deesign Your Moment products are custom made, personalized, made to order, altered at the Client’s request, manufactured for a specific event, or produced using materials purchased specifically for the Client.
Because these products generally cannot be resold, custom and personalized products are not eligible for return, exchange, or refund because of change of mind, preference, event cancellation, event postponement, changed event details, or other circumstances unrelated to an error by Deesign Your Moment.
Nothing in this section limits rights that cannot legally be waived.
If Deesign Your Moment sells a non-custom, non-personalized product, any applicable return or exchange policy for that product may be stated separately on the product listing, invoice, or order confirmation.
9. Design Services
When design services are included in the product price or separately identified on the order, Deesign Your Moment will prepare artwork based on the agreed creative direction and scope.
Custom design involves professional judgment and creative interpretation.
Reference images, screenshots, Pinterest images, inspiration images, mood boards, examples, or work created by others are considered visual direction unless specific features are expressly incorporated into the agreed scope.
Deesign Your Moment does not guarantee an exact reproduction of inspiration materials or another designer’s work.
Additional concepts, substantial redesigns, additional revisions, or changes outside the agreed scope may require additional fees.
10. Mockups, Renderings, and Digital Representations
Digital mockups, proofs, renderings, and product previews are intended to communicate design direction and approximate appearance.
Unless expressly identified as being to scale, a digital mockup should not be relied upon as an exact representation of physical size, thickness, depth, texture, material characteristics, lighting, mounting, or final color.
Decorative elements, stands, walls, furniture, frames, props, florals, cakes, linens, or other items shown in a mockup for visualization are not included in the order unless specifically listed on the invoice.
11. Proofs and Client Approval
When a proof is provided, the Client is responsible for reviewing the entire proof carefully before approval.
The Client is responsible for verifying all applicable information, including:
Names, spelling, grammar, dates, times, addresses, telephone numbers, website addresses, social media handles, QR codes, URLs, wording, monograms, logos, quantities, colors, layout, personalization, and other Client-specific information.
Proof approval constitutes authorization to produce the product according to the approved proof.
Changes requested after approval are not guaranteed and may result in additional design, material, production, rush, or shipping charges.
Deesign Your Moment is not responsible for an error contained in an approved proof unless the error was introduced or altered by Deesign Your Moment after approval.
12. QR Codes, URLs, and Digital Destinations
When a product contains a QR code, URL, social media handle, payment link, website address, or other digital destination, the Client is responsible for confirming the destination and testing it during the proof process.
Approval confirms that the Client has verified the destination information.
Deesign Your Moment is not responsible for a website, social media account, payment service, URL, third-party platform, domain, link-shortening service, or other digital destination becoming unavailable, changing, expiring, being suspended, or ceasing to function after production.
If a dynamic QR code or other third-party digital service requires an ongoing subscription or hosting arrangement, continued functionality is not included unless expressly stated on the invoice or in a separate agreement.
13. Client-Provided Content and Artwork
The Client is responsible for providing requested text, logos, photographs, illustrations, trademarks, graphics, files, and other content in a timely manner and in a usable format.
The Client represents that they own or have sufficient permission to use all content provided to Deesign Your Moment.
By providing such content, the Client authorizes DYM to reproduce, resize, modify, crop, format, print, engrave, cut, manufacture, or otherwise use the content as reasonably necessary to fulfill the order.
Deesign Your Moment may decline to reproduce content that it reasonably believes cannot lawfully be reproduced.
14. Client-Provided Products and Materials
Deesign Your Moment may, at its discretion, accept Client-supplied items for engraving, personalization, printing, vinyl application, heat application, assembly, or other customization.
Client-supplied products may contain unknown coatings, finishes, dyes, adhesives, fibers, chemical treatments, manufacturing inconsistencies, or other characteristics that affect production.
The Client acknowledges that personalization processes may involve heat, pressure, lasers, adhesives, blades, chemicals, equipment, or other processes that carry an inherent risk of material reaction or damage.
Deesign Your Moment is not responsible for preexisting defects, hidden manufacturing defects, material incompatibility, or unavoidable reactions that occur despite reasonable production practices.
DYM may test a product when reasonably practical but does not guarantee that testing will identify every possible material reaction.
Deesign Your Moment may refuse any Client-supplied product that it believes is unsuitable or unsafe for the requested production method.
If an item is materially damaged because of an identifiable production error by Deesign Your Moment, DYM will review the circumstances and determine an appropriate remedy consistent with these Terms.
15. Intellectual Property Ownership
Unless otherwise agreed in writing, Deesign Your Moment retains ownership of its original:
Design concepts, layouts, illustrations, production files, source files, templates, cutting files, laser files, construction files, prototypes, production methods, processes, and other intellectual property.
Purchasing a physical product does not transfer ownership of the underlying design or production files.
The Client receives the finished physical product and the right to use that product for its intended personal, event, or business purpose.
Editable files, source files, SVG files, production-ready files, cutting files, or manufacturing files are not included unless specifically purchased or licensed.
Client-owned logos, trademarks, photographs, artwork, and other preexisting intellectual property remain the property of their respective owners.
16. Reproduction and Resale
The Client may not reproduce, manufacture, digitally recreate, distribute, sell, license, provide to another manufacturer, or commercially exploit an original DYM design unless Deesign Your Moment has granted written permission or licensing rights.
Products purchased for personal or event use may not be reproduced for resale.
Wholesale, planner, bakery, vendor, reseller, or other business-to-business arrangements may be governed by separate terms addressing resale, fulfillment, branding, licensing, or intellectual property.
17. Client-Provided Intellectual Property Claims
The Client is responsible for ensuring that Client-supplied logos, trademarks, photographs, graphics, copyrighted works, and other materials may legally be used for the requested order.
To the extent permitted by law, the Client is responsible for third-party claims resulting from DYM’s authorized use of materials supplied or specifically directed by the Client when Deesign Your Moment did not independently create or supply the allegedly infringing content.
18. Portfolio and Marketing Use
Unless the Client requests confidentiality in writing, Deesign Your Moment may photograph or record completed work and use those images or recordings in its portfolio, website, social media, advertising, educational content, award submissions, printed marketing, and other promotional materials.
When an event date is provided, Deesign Your Moment will make reasonable efforts not to publicly reveal event-specific work before the event unless the Client has already publicly shared the product or has authorized earlier publication.
Clients with surprise events, unreleased branding, confidential corporate projects, or other sensitive projects should provide any posting restrictions in writing.
DYM will make reasonable efforts not to publicly display personal information unnecessary to showcase its work.
19. Color Variations
Colors displayed on computer monitors, mobile devices, digital proofs, and other screens may differ from physical products.
Color may also vary among printers, inks, paper stocks, acrylic, wood, fabric, vinyl, paint, foil, engraving methods, substrates, production batches, and lighting environments.
Digital proofs do not guarantee exact physical color reproduction.
Reasonable color differences between a digital proof and finished product, between materials, or between separate production runs are not considered defects.
If exact color matching is critical, the Client should request information about available physical samples or color-matching services before full production. Additional costs and production time may apply.
20. Natural and Manufactured Material Variation
Materials used by Deesign Your Moment may naturally or commercially vary.
Wood may vary in grain, knots, texture, color, absorption, or other natural characteristics.
Acrylic may contain minor manufacturing marks, dimensional tolerances, shade differences, or surface characteristics.
Paper, cardstock, fabric, vinyl, foil, paint, coatings, adhesives, and specialty materials may vary between manufacturing lots.
These reasonable material variations do not constitute defects.
21. Handmade and Production Tolerances
Many Deesign Your Moment products are individually printed, cut, engraved, painted, foiled, assembled, adhered, sewn, finished, or otherwise produced.
Minor variations may occur in alignment, cut position, placement, engraving depth, paint fill, foil coverage, adhesive placement, stitching, dimensions, or other production characteristics.
Reasonable variations are not considered defects when the product substantially conforms to the approved design and intended use.
22. Measurements and Sizing
Product measurements may be approximate unless the order expressly requires an exact finished dimension.
The Client is responsible for verifying measurements when a product must fit a specific:
Space, wall, frame, table, stand, fixture, cake, display, envelope, mounting surface, opening, container, or other item not supplied by Deesign Your Moment.
Deesign Your Moment is not responsible for fit issues caused by measurements supplied or approved by the Client.
23. Included Components, Hardware, and Display Equipment
Only products, components, hardware, and services specifically identified on the invoice or proposal are included in the order.
Unless expressly listed, the purchase of a sign, backdrop, table cover, display panel, menu, or other product does not automatically include:
Frames, backdrop stands, easels, sign stands, mounting hardware, wall anchors, hooks, command strips, adhesives, display bases, tables, linens, florals, lighting, installation, assembly at the venue, delivery, setup, teardown, or removal.
The Client is responsible for confirming what equipment or hardware is needed to use or display the purchased product.
24. Third-Party and Vendor-Supplied Products
Deesign Your Moment may use third-party printers, fabricators, manufacturers, wholesalers, suppliers, subcontractors, or production partners when fulfilling an order.
Third-party products are subject to applicable manufacturer specifications, tolerances, material availability, and production limitations.
Minor characteristics falling within reasonable manufacturing tolerances are not considered defects.
If a third-party supplier produces an item that materially fails to conform to the approved specifications, Deesign Your Moment will reasonably work with the supplier toward an appropriate correction or replacement.
25. Venue Rules and Requirements
The Client is responsible for determining whether products comply with requirements imposed by the event venue, property owner, planner, caterer, baker, municipality, or other applicable third party unless Deesign Your Moment has expressly agreed in writing to handle that responsibility.
Requirements may include:
Dimensions, placement restrictions, hanging or mounting restrictions, freestanding requirements, flame-retardancy requirements, fire-code requirements, insurance requirements, load restrictions, surface restrictions, prohibited adhesives, setup times, vendor access requirements, or other venue rules.
Deesign Your Moment is not responsible when a properly produced item cannot be used because the Client did not obtain or communicate applicable venue requirements before production.
Changes required to satisfy previously undisclosed venue requirements may result in additional charges.
26. Cake Toppers and Food-Adjacent Products
Cake toppers, cupcake toppers, food-display signage, and similar decorative products are intended primarily for decorative use.
A decorative product should not be assumed to be certified for direct food contact unless DYM expressly identifies it as such.
The baker, caterer, venue, or Client is responsible for determining the appropriate method for placing decorative products on or near food, including whether a food-safe barrier, pick, sleeve, wrap, or other protective method should be used.
Products should be removed before food is served or consumed when appropriate.
27. Changes After Order Placement
Changes requested after an order has been placed are subject to approval, feasibility, and material availability.
Changes may affect pricing, production time, material requirements, shipping, and the estimated completion date.
If materials have already been purchased, ordered, printed, cut, engraved, fabricated, personalized, manufactured, or otherwise committed to the original specifications, the Client remains responsible for those costs in addition to any costs created by the change.
28. Cancellations
Cancellation requests must be submitted in writing.
If cancellation occurs before production begins, Deesign Your Moment may issue a partial refund of unearned amounts after deducting applicable costs already incurred or earned.
These costs may include completed design work, consultations, proofs, nonrecoverable transaction costs, purchased materials, special-order products, vendor commitments, and other nonrecoverable expenses associated with the order.
Once printing, personalization, engraving, cutting, fabrication, assembly, sewing, production, or third-party manufacturing has begun, payments attributable to the affected work are nonrefundable except where otherwise required by law.
An order is not automatically refundable because an event is canceled, postponed, relocated, reduced in size, or otherwise changed.
When reasonably feasible, DYM may agree to modify an order for a postponed or changed event. Additional fees may apply.
29. Right to Suspend or Cancel an Order
Deesign Your Moment may suspend or cancel an order when reasonably necessary because of:
Nonpayment, repeated failure to provide required information, failure to provide required approvals, material misrepresentation, unlawful or infringing requests, abusive or threatening conduct, safety concerns, inability to obtain necessary materials, or circumstances that make completion of the order commercially impractical or impossible.
If DYM cancels an order for reasons not caused by Client breach or misconduct, any unearned amounts will be refunded after accounting for completed work, Client-approved products already produced, nonreturnable materials, and nonrecoverable third-party commitments where applicable.
If DYM suspends an order because of Client delay or nonperformance, the original production timeline is no longer guaranteed.
30. Client Delays
The Client is responsible for timely responses, approvals, payments, content, measurements, and other information necessary for production.
Client delays may result in:
A revised completion date, loss of the original production slot, additional rush costs, expedited shipping costs, material availability changes, or inability to meet the originally requested event date.
Deesign Your Moment is not responsible for deadlines missed because required Client action was not completed on time.
31. Production Timelines
Production timelines are estimates unless Deesign Your Moment expressly agrees in writing to a guaranteed completion date.
Production time generally begins only after all required payments, information, content, specifications, and approvals have been received.
Estimated production timelines do not include carrier transit time unless expressly stated.
32. Event Dates and In-Hand Dates
The Client is responsible for providing the correct event date and any required in-hand date.
The event date and required in-hand date are not necessarily the same.
When shipping is required, Deesign Your Moment may establish a production schedule based on the anticipated carrier transit time and requested in-hand date.
The Client should allow adequate time between anticipated delivery and the event for inspection and resolution of any problem.
33. Rush Orders
Rush production may be available at Deesign Your Moment’s discretion.
Rush fees compensate for scheduling changes, production prioritization, expedited procurement, additional labor, or accelerated production.
A rush fee does not guarantee the performance of a third-party shipping carrier.
Timely Client responses and approvals remain required for rush orders.
A Client delay may make the requested rush deadline impossible even when a rush fee has been paid.
34. Shipping
The Client is responsible for providing a complete and accurate shipping address.
Additional costs resulting from an incorrect or incomplete address, refused package, unsuccessful delivery, rerouting request, or reshipment are the Client’s responsibility unless the issue resulted from an error by Deesign Your Moment.
Carrier transit dates are outside DYM’s direct control.
Deesign Your Moment is not responsible for carrier delays caused by weather, transportation interruptions, carrier operations, peak-season volume, natural disasters, incorrect carrier routing, government actions, or other circumstances outside DYM’s reasonable control.
Unless the order expressly requires DYM to deliver the goods to a particular destination as a contractual delivery obligation, risk of loss for an order shipped by third-party carrier passes as provided by applicable law when the goods are duly delivered to the carrier.
This allocation of risk does not prevent Deesign Your Moment from reasonably assisting with a carrier claim for a package that is lost or damaged during transit.
Additional shipping insurance beyond any coverage automatically provided by the selected carrier is not included unless stated on the invoice or separately purchased.
35. Shipping Damage and Carrier Claims
The Client should inspect shipped products promptly after delivery.
Visible shipping damage should be reported to Deesign Your Moment as soon as reasonably possible, preferably within three calendar days of delivery.
The Client must retain the damaged product, shipping carton, internal packaging, labels, photographs, and other documentation reasonably required for a carrier claim.
The Client agrees to reasonably cooperate with documentation or inspection requirements imposed by the carrier.
DYM cannot guarantee approval or payment of a third-party carrier claim.
36. Local Delivery
When local delivery is included or purchased, the Client is responsible for ensuring that an authorized person can receive the order at the agreed location and time when required.
Once the product is delivered and accepted by the Client, venue, planner, recipient, or other authorized representative, Deesign Your Moment is not responsible for subsequent loss or damage except as otherwise required by law.
Delivery does not include setup, installation, assembly, styling, or teardown unless specifically included on the invoice.
37. Pickup Orders
Clients must retrieve pickup orders during the agreed pickup period or arrange an alternative pickup time.
Once the order has been received and accepted by the Client or the Client’s authorized representative, the Client assumes responsibility for transportation, storage, handling, and use of the product.
38. Unclaimed and Abandoned Orders
Completed pickup orders must be collected promptly after the Client is notified that the order is ready.
Unless another period is expressly stated on the invoice, an order that has not been collected within 14 calendar days after written notice that the order is ready for pickup may be considered unclaimed or abandoned.
Deesign Your Moment may make reasonable attempts to contact the Client regarding an unclaimed order.
To the extent permitted by law, after the 14-day pickup period and final notice to the Client, Deesign Your Moment may recycle, discard, donate, or otherwise dispose of the abandoned products without refund.
Amounts already paid for completed custom products, materials, design work, production, and other amounts already earned or incurred remain nonrefundable.
If Deesign Your Moment agrees to continue storing an order beyond the 14-day pickup period, reasonable storage fees may apply.
39. Inspection Upon Receipt
The Client should inspect the complete order promptly after delivery or pickup and before the event or intended use.
The Client should verify quantities, personalization, product condition, and other order details.
Production errors, missing pieces, incorrect quantities, or visible defects should be reported as soon as reasonably possible.
Prompt inspection is particularly important for event-specific products because delay may make reproduction before the event impractical.
40. Production Errors and Defective Products
If Deesign Your Moment makes a material production error or supplies a product that materially fails to conform to the approved specifications, the Client must notify DYM and provide reasonable documentation of the issue.
Depending on the circumstances, Deesign Your Moment may offer an appropriate remedy such as:
Repair, reproduction, replacement, a partial refund, account credit, or refund of the amount paid for the affected product.
The appropriate remedy will depend on the nature of the error, affected quantity, available production time, material availability, intended use, event date, and other relevant circumstances.
An error affecting one portion of an order does not automatically require reproduction or refund of unaffected products.
Nothing in this section limits remedies that cannot lawfully be limited.
41. Reprints and Replacements
Replacement products will normally follow the specifications of the originally approved product unless another solution is agreed in writing.
Because materials and production batches can vary, DYM cannot guarantee that a replacement or reprint produced at a later date will be visually identical to an earlier production run.
42. Reorders
A previous purchase does not guarantee that the same material, color, paper, acrylic, fabric, manufacturer, price, hardware, or production method will remain available for a future reorder.
Reorders are subject to current pricing, minimum quantities, material availability, production schedules, and current production methods.
Reasonable variation between separate production runs is not considered a defect.
43. File and Design Retention
Deesign Your Moment may retain proofs, design files, production files, photographs, and other project materials for business purposes but is not obligated to retain them indefinitely unless otherwise agreed in writing.
DYM does not guarantee future availability of production files, discontinued fonts, third-party assets, specialty materials, or vendor files after an order has been completed.
Clients who require long-term archival, ownership, or delivery of specific files must arrange that separately in writing.
44. Product Handling and Care
The Client is responsible for following product-specific care, handling, storage, installation, and use instructions provided by Deesign Your Moment.
Unless expressly stated otherwise, a product should not be assumed to be:
Waterproof, weatherproof, dishwasher safe, microwave safe, flame resistant, heat resistant, scratch proof, UV resistant, food safe, child safe, or intended for prolonged outdoor exposure.
Acrylic, wood, paper, fabric, vinyl, adhesives, printed products, paint, engraving, foil, and specialty finishes may react to moisture, heat, direct sunlight, cleaners, chemicals, pressure, extreme temperatures, or improper storage.
DYM is not responsible for damage resulting from improper handling, installation, storage, cleaning, environmental exposure, transportation by the Client, or use after the product was delivered in acceptable condition.
45. Installation by the Client or Third Parties
Unless installation is expressly listed on the invoice, the Client is responsible for mounting, hanging, attaching, assembling, displaying, securing, and removing purchased products.
The Client is responsible for determining whether a wall, surface, fixture, adhesive, anchor, hanging system, backdrop stand, easel, base, or other mounting method is appropriate.
Deesign Your Moment is not responsible for surface damage, property damage, product damage, falls, mounting failure, or installation failure resulting from installation performed by the Client, venue, planner, contractor, or other third party.
Installation services provided by DYM may be subject to a separate agreement.
46. Product Use and Safety
Products should be used only for their reasonably intended purpose.
Decorative products are not toys.
Products containing small parts, acrylic pieces, wood pieces, stakes, magnets, adhesives, sharp edges, hardware, or other components should be kept away from children when appropriate and handled responsibly.
The Client assumes responsibility for the appropriate placement and use of products after delivery.
47. Force Majeure and Events Outside DYM’s Control
Deesign Your Moment is not responsible for delay or inability to perform caused by circumstances beyond its reasonable control, including:
Severe weather, hurricane, flood, fire, natural disaster, epidemic, government action, labor disruption, transportation interruption, carrier disruption, power outage, utility failure, supply-chain interruption, material shortage, vendor failure, equipment malfunction, casualty, emergency, or similar event.
DYM will make commercially reasonable efforts to communicate material delays and determine an appropriate path forward.
If an event outside DYM’s reasonable control makes completion permanently impossible, DYM and the Client will address any remaining balance based on work already completed, products already produced, materials purchased or committed, recoverable vendor costs, and amounts not yet earned.
48. Limitation of Liability
To the fullest extent permitted by applicable law, Deesign Your Moment will not be liable for indirect, incidental, special, exemplary, or consequential economic losses arising from a physical product order.
This includes, where legally permissible, lost profits, lost sales, lost business opportunities, loss of event revenue, venue costs, third-party vendor costs, replacement-event expenses, reputational harm, or similar consequential economic losses.
For claims arising from a particular order, DYM’s aggregate liability will not exceed the amount actually paid to Deesign Your Moment for the affected product or portion of the order giving rise to the claim, except to the extent a different limitation is required by applicable law.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for personal injury where such limitation is prohibited.
49. No Guarantee of Business or Event Outcome
Deesign Your Moment will use reasonable care in producing goods in accordance with the approved specifications.
DYM does not guarantee that a product will produce a particular sales, marketing, attendance, branding, social-media, fundraising, business, customer-engagement, or event outcome.
The Client is responsible for determining whether a selected product is appropriate for the Client’s intended purpose.
50. Payment Disputes and Chargebacks
Clients are encouraged to contact Deesign Your Moment promptly regarding billing or product concerns so the matter can be reviewed.
Initiating a chargeback or payment dispute does not itself cancel an order or alter contractual rights and obligations.
When responding to a payment dispute, Deesign Your Moment may provide relevant transaction records to the payment processor or financial institution, including invoices, proof approvals, communications, shipping records, delivery confirmation, order records, and these Terms.
51. Informal Dispute Resolution
Before initiating litigation concerning an alleged breach of these Terms or an order, the complaining party is encouraged, and where legally permissible agrees, to provide written notice describing the dispute and allow a reasonable opportunity for informal resolution.
Unless urgent relief is reasonably necessary, the parties will make a good-faith effort to resolve the dispute for at least 15 calendar days after written notice before initiating a court proceeding.
Nothing in this section prevents either party from using small claims procedures when appropriate or seeking urgent relief when delay would cause material harm.
52. Electronic Transactions and Communications
The Client agrees that orders, invoices, proposals, approvals, proofs, notices, payment records, contracts, and related transaction documents may be created, delivered, accepted, and stored electronically.
Electronic acceptance, proof approval, payment, checkbox acceptance, email authorization, or other electronic action may serve as evidence of the Client’s agreement and authorization where permitted by law.
The Client is responsible for maintaining accurate email, telephone, billing, shipping, and contact information.
53. Governing Law and Venue
These Terms and transactions governed by them are governed by the laws of the State of Florida without regard to conflict-of-law principles, except where federal law or another mandatory law applies.
Subject to any applicable law requiring otherwise, legal proceedings arising from these Terms or an order governed by them shall be brought in a court of competent jurisdiction in Duval County, Florida.
54. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed when necessary.
The remaining provisions will remain in effect.
55. Waiver
Failure by Deesign Your Moment to enforce any provision of these Terms on one occasion does not waive the right to enforce that provision or another provision later.
56. Survival
Provisions that by their nature should continue after completion, cancellation, or termination of an order remain effective, including provisions concerning payment obligations, intellectual property, reproduction rights, liability, disputes, and governing law.
57. Changes to These Terms
Deesign Your Moment may revise these Terms from time to time.
Unless otherwise agreed, an order is governed by the version of the Terms in effect and presented or referenced when that order is accepted.
A later revision will not retroactively change an existing order unless Deesign Your Moment and the Client agree to the change.
The Effective Date displayed at the beginning of these Terms identifies the applicable version.
58. Entire Agreement
For orders not governed by a separate signed project agreement, the applicable invoice or proposal, approved proofs, written order-specific terms, and these Physical Product Terms & Conditions together constitute the agreement relating to the physical product order.
A statement that materially changes the scope, price, responsibility, or other material term of an order is not binding unless confirmed in writing.
59. Acceptance
By placing an order, submitting payment, approving a proof, clicking an acceptance checkbox, or otherwise providing written or electronic authorization to proceed after being provided access to these Terms, the Client acknowledges that they have reviewed, understand, and agree to the Deesign Your Moment® Physical Product Terms & Conditions.