Terms and Conditions
Welcome to Design Consign LLC!
This website is owned and operated by Design Consign LLC These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers/sells furniture and accessories. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for purchasing our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
Last updated: May 4th, 2022
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Design Consign LLC, 2715 86th Street, Urbandale, Iowa 50322.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Design Consign, accessible from design-consign.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
By email: firstname.lastname@example.org
By Phone: 515-901-9294
By Mail: 2715 86th Street Urbandale, IA 50322
ONLINE PURCHASE TERMS AND CONDITIONS
This section sets forth design-consign.com’s Terms and Conditions of sale. Designconign.com (“website”) is a part of Design Consign LLC, (collectively, “Design Consign”). Design Consign relies on a network of national furniture and home decorating companies to obtain products for sale to you the customer. By completing a purchase with us you agree to follow these Terms and Conditions and to be bound by them.
Unless otherwise approved in writing by Design Consign, you are permitted to electronically copy and print these Terms and Conditions for the sole purposes of personally reviewing and maintaining a record of the Terms and Conditions pertaining to your order for your personal use only, and for no other purpose of any sort whatsoever.
Modifications to Terms and Conditions
We may update or modify these Terms and Conditions at any time and without prior notice.
The Design Consign store carries many of the products displayed on our website. In some cases, merchandise on our website may not be available in the store, may be out of stock, or may be discontinued without notice. Some items shown on our website are only available in the store.
All prices and services featured on our website are quoted in U.S. dollars, are valid and effective only in the continental U.S.
Your total order amount, including sales tax, shipping costs, and delivery charges, will be charged in full to your chosen form of payment (credit card, gift card, VENMO, PAYPAL, check) at the time the order is placed.
Every effort has been made to ensure the accuracy of prices, item numbers, availability, and dimensions; however, we cannot be responsible for typographical errors. Design Consign reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions even after an order has been submitted or the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Design Consign will issue a credit to your credit card account in the amount of the charge.
We stand by our products and may reference wood and manufacturing techniques throughout the website. Wood/veneer species, product composition, and manufacturing techniques vary by product and manufacturer and may change without notice. Final products may vary slightly in color, finish, size, fabric, or other features. Cut yardage and swatches, fabric widths and repeats may vary, and color variations often occur by dye lot.
Some of our products have been photographed with electronic equipment and/or alongside other decorative objects. Electronic equipment and decorative objects are not included as part of the product purchase.
Under some individual state laws, businesses are subject to specific rules and regulations (e.g., California Proposition 65). When required, Design Consign will adhere to individual state rules and regulations that supersede these general terms.
The only warranties and guarantees provided by Design Consign are expressly set forth in the Terms and Conditions issued and in effect on the date of purchase, which Customer acknowledges has been reviewed. Design Consign disclaims all conditions, warranties, and guarantees that are not expressly set forth therein and any implied conditions, warranties, and/or guarantees, including, absent limitation, implies warranties of fitness for a particular use.
We do not accept order cancellations on any custom-order, custom-made or custom-cut items.
For all online orders other than Custom orders that have not shipped, including gift registry items: We will accept a cancellation and issue a full refund to your credit card account, or we will issue a gift card when the cancellation is made within 72 hours of initial purchase. To cancel an order, please contact our store manager (515) 901-9294.
For all other items that have shipped: Below, find the return policy that applies and follow that procedure.
We do not accept returns, refunds, or exchanges for items that have shipped, that are in our possession or customers possession following 72 hours from initial order. We do not issue store or website credit for items that are in our possession or customers possession following 72 hours from initial order.
Our merchandise is warranted to be free from manufacturing defects, seam slippage, dye transfer, and splitting for one month from date of purchase. Any retailer- or customer-applied stain protection treatment voids this warranty.
Shipping Address Changes
Once an order has passed our verification process, the shipping address cannot be changed. You may cancel the initial order, provided that it has not been processed for shipping, or more than 72 hours has not passed from initial order. We cannot assume responsibility for errors made by a postal carrier or delivery service unless items were delivered directly by Design Consign employees or contractors. We require minimum insurance for all online orders to pay for the unlikely cost of damage to your order.
Please read this section carefully, as these provisions provide for the resolution of disputes through the use of binding arbitration on an individual basis, and also include certain waivers, including waivers of all class actions, class arbitrations, jury trials, and the right to proceed in court (other than arbitration).
Any legal action relating to the use of designconsign.com must be brought in the state or federal courts located in the State of Iowa, Polk County.
You and Design Consign agree that any dispute or claim relating to any transaction or interaction with Design Consign (including, but not limited to every purchase), these Terms and Conditions, and/or any other aspect or issue concerning the relationship and transactions between you and Design Consign, whether pertaining to contract, tort, statute, common law, fraud, misrepresentation, civil liability or any other legal theory (each, a "Dispute") will be resolved in accordance with the provisions in this Legal Disputes section and any other applicable Terms and Conditions.
Subject to applicable law, these Terms and Conditions and any Dispute arising from or in connection thereto shall be governed by the laws of the United States, including the Federal Arbitration Act, and the laws of the State of Iowa, without regard to principles of conflicts of law. These provisions shall not apply to individuals who reside in Quebec, Ontario, or Saskatchewan. To the extent prohibited by applicable law, non-U.S. citizens agree to an alternative procedure for dispute resolution if the arbitrator rules that arbitration is prohibited by law.
Except for disputes that qualify for small claims courts, all disputes arising out of or related to these terms and conditions or any aspect of the relationship between you and Design Consign, whether based in contract, tort, statute fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that Design Consign and you are each voluntarily surrendering and waiving the right to trial by a judge or a jury. You agree that any arbitration under these terms and conditions will take place on an individual basis. Class arbitration and class actions are not permitted, and you are expressly agreeing to give up the ability to participate in a class action.
The arbitration shall be administered by the American Arbitration Association (the "AAA") under its then-applicable Consumer Arbitration Rules (and shall be subject to all of the Terms and Conditions of this Agreement, which take precedence over any such Consumer Arbitration Rules to the extent permitted by applicable law). The Consumer Arbitration Rules are available on line or the extent of any updated version and/or if you cannot access or locate the most current version otherwise). To the extent that the AAA cannot or declines to administer the arbitration, the arbitration will be administered by JAMS (formerly, the Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules and Procedures (and shall be subject to all of the Terms and Conditions of this Agreement, which take precedence over any such Streamlined Arbitration Rules and Procedures to the extent permitted by applicable law). The Streamlined Arbitration Rules and Procedures are available online to the extent of any updated version and/or if you cannot access or locate the most current version otherwise. If both AAA and JAMS cannot or decline to administer the arbitration, a court of competent jurisdiction may appoint a neutral arbitrator. Notwithstanding the foregoing, you may assert individual claims in small claims court if your claims otherwise qualify.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's or JAMS' applicable rules, except as set forth herein. To the extent you prevail on the Dispute(s) that are subject to the arbitration, we agree to pay up to, and you agree that you will not seek recovery from Design
Consign of more than, the total sum of $5,000 for attorney's fees, costs, and expenses associated with the Dispute and the arbitration thereof; provided, however, that in the event you prevail, we also agree that we will pay the costs of the arbitrator's fees and the other costs associated with the arbitration itself. Likewise, even if we prevail, we will not seek attorneys' fees, costs, and expenses associated with the Dispute exceeding $5,000. You agree that if the amount involved in the Dispute is less than
$10,000, the arbitration will be conducted, by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
The arbitrator's decision, which shall be consistent with these Terms and Conditions, will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief and/or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by individual claims before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced by any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, territorial, provincial, or local governments or agencies and, if and to the extent applicable law permits, such entities having jurisdiction may seek relief.
This Agreement contains the entire agreement and understanding by and between Parties with respect to the subject matter hereof, and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect. No change or modification hereof shall be valid or binding unless the same is in writing and signed by the party intended to be bound. This Agreement shall be binding upon, and shall inure to the benefit of, Design Consign and you, and their respective successors and/or assigns. However, you may not assign this agreement or any duties hereunder without the prior express written authorization of Design Consign. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof. The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing, or enforcing any of the provisions of this Agreement. Neither party shall be liable for the failure to perform its obligations under this Agreement due to events beyond such party’s reasonable control including, but not limited to, strikes, riots, wars, fire, acts of God, or acts in compliance with any applicable law, regulation, or order (whether valid or invalid) of any court or governmental body. No waiver of any provision of this Agreement shall be valid unless the same is
in writing and signed by the party against whom such waiver is sought to be enforced; moreover, no valid waiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement at such time or shall be deemed a valid waiver of such provision at any other time.