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Store Policies, Terms and Conditions

   
Proofing
All proofing in done through our Online Client Gateway. You will recieve and email notification when your proof is ready to be approved. You are 100% responsible for the accuracy of your layouts. Please proofread all layout proofs carefully. As postal regulations are subject to change, you are also 100% responsible for complying with current mailing restrictions for backside layouts. If an error is found after the final approval, no reprints or refunds will be given regardless of fault. A fee will be charged for all corrections made after approval has been given.

Sending Files to Belladia
Please e-mail all files to support@belladiadesign.com.

Cancellations and Refunds
Cancellations:
You may cancel an order prior to receiving a proof, however, a cancellation fee of 25% of the cost of the project will be retained. You will receive a refund of 75% of the project cost in your original form of payement for that order.  After your proof has been posted and the email notification sent, an order cannot be cancelled and no refund will be given.

Returns:
If you are not satified with your items. please contact us within 30 days. If there is error that is determined to be the fault of Belladia Markerting and Design or a 3rd Party printer, you may return the items and we will reprint the project at our cost. If the proof was approved and the error is discovered after, regardless of fault,  no reprint,  refund or credit will be given.

Refunds:
No refunds will be given after the proof of your project has been posted online and an email notification has been sent. There will also be no refunds for projects which a proof is approved by the customer.  No refunds, partial refunds, discounts or credit will be given for work not completed due to customer delays or non-response.

Turn Around Times
Quoted Turnaround Times start after all materials necessary to complete your order have been received by Belladia Marketing and Design and DO NOT include shipping time. Completion of your job within our regular Turnaround Time is pursuant to receipt of your online approval. Expected delivery date and Turnaround Times are not guaranteed. We are not responsible for late arrival late due to unforeseen delays in delivery service, the breakdown of equipment, bad weather, etc.

We have flexible service and mailing options to accommodate your unique schedule.  Please see the table below for our turnaround time schedule. 

Item

Typical Turntime

Expedited Turntime

Rush Fee

Open House Fliers

2 days

1 day

$30.00

Template Products

4 days

2 days

$25.00-$35.00

Custom Projects

5 days for proof

3 days

50%

Identity

10 days

5 days

50%


Important Factors that Affect Your Turnaround Time:

Deadline for submitting materials is 12:00 noon PST

Turnaround time includes business days only - weekends and holidays do not apply.

Timely response to the Proof is necessary to maintain turnaround schedule

Resubmissions/changes add at least one business day

Bindery options such as fold, trimming, and perforations may add 1 business day to your turnaround.

 
Ownership
All materials we create in producing your project are the property of Belladia Marketing and Design. This includes typeset layouts and color scans. We reserve the right to distribute free samples of your projects and display them as samples or advertisements on our website. We reserve the right to use any design as a standard offering, unless specifially requested otherwise by the client before the final proof is approved. 

Rights to Use
You certify that you own the rights to use the image(s) being reproduced on your projects. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Print Quality
If your printing is part of your order with Belladia and and the printing quality is determined to by unacceptable by Belladia Marketing and Design, we will reprint the project at no cost to you. If you purchase a electronic file from us, we are not responsible for the file printing correctly or the print quality. There will be a redesign fee if changes need to be made to a file to meet a printer's specifications after thefinal proof is approved.

Legal Disclosures
You are responsible for providing Belladia Marketing and Design with the proper legal disclosures for your industry.   You are responsible for obtaining approval from your compliance department.  By approving the final proof, you are indicating that you have received the proper compliance approval and that all information is believed to be accurate and true.  In no event will Belladia Marketing and Design, its suppliers, or any other party involved in creating, producing or delivering your project be liable for the truth, accuracy or completeness of any information on your materials or consequential damages that may arise from the publication of the information provided by you. 

Real Estate Settlement Procedures Act (RESPA) compliance
Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed. These are also known as kickbacks, fee-splitting and unearned fees.

Please visit http://www.hud.gov/offices/hsg/sfh/res/respamor.cfm for more information.

In an effort to make compliance with RESPA easier for you, we can arrange for split billing at no extra charge. Please contact us for details.

Terms and Conditions of Use/Website
Belladia Marketing and Design provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at belladiadesign.com or any other web sites (collectively, the "Site") operated by Belladia Marketing and Design or one of its divisions or subsidiaries you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.

1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Belladia Marketing and Design. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Belladia Marketing and Design without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Belladia Marketing and Design’s name or trademarks without the express written consent of Belladia Marketing and Design. Any unauthorized use terminates the license granted by Belladia Marketing and Design. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of belladiadesign.com so long as the link does not portray Belladia Marketing and Design, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Belladia Marketing and Design logo or other proprietary graphic or trademark as part of the link without express written permission.

2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Belladia Marketing and Design employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

3. Usage and Monitoring
Belladia Marketing and Design does not regularly review the contents of the material posted to the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Belladia Marketing and Design does sell products for children. If you are under 18, you may use belladiadesign.com only with involvement of a parent or guardian. Belladia Marketing and Design reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While Belladia Marketing and Design has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, Belladia Marketing and Design reserves the right to delete and take other appropriate action with respect to such messages, information or files with which Belladia Marketing and Design, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the site to anyone at anytime.

If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify Belladia Marketing and Design for all claims resulting from content you supply. Belladia Marketing and Design respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately. We reserve the right to distribute free samples of your postcard.

4. Privacy
Your use of the Site constitutes your consent to Belladia Marketing and Design's privacy policy posted at belladiadesign.com which is updated from time to time.

5. Copyright Ownership
All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of Belladia Marketing and Design or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Belladia Marketing and Design and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.

6. Web Linking
Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. Belladia Marketing and Design has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Belladia Marketing and Design is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Belladia Marketing and Design reserves the right to terminate any link at any time.

8. Purchases
All items purchased from Belladia Marketing and Design are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
9. Disclaimer and Limitation of Damages
(a) Belladia Marketing and Design is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Belladia Marketing and Design makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will Belladia Marketing and Design, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.

(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. Belladia Marketing and Design reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither Belladia Marketing and Design nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.

(d) We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

10. Indemnification
You agree to indemnify and hold Belladia Marketing and Design and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

11. Applicable Laws
Belladia Marketing and Design operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject Belladia Marketing and Design to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in San Diego, California. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to Belladia Marketing and Design or any of its officers, employees, agents or representatives, such as where notice to Belladia Marketing and Design is required by contract, or any federal, state or local laws, rules or regulations.

 

 

Belladia Marketing and Design
132 N. El Camino Real #246
Encinitas, CA 92024
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