Terms and Conditions

Terms and Conditions
Please read our Hōmbound General Terms and Conditions (“Terms and Conditions”) carefully. These Terms and Conditions govern your access, use, and orders placed at www.Hōmbound.com, its mobile sites, and its applications. By placing an order with Hōmbound, you agree to be unconditionally bound by these Terms and Conditions in the version valid at the time of ordering.

Our Terms and Conditions shall also govern the use of and apply to every offer and agreement entered into between Hōmbound and a customer through any of its separate sites that are accessible through the tabs in the Site header, insofar that we have not explicitly deviated from the present Terms and Conditions.

Additionally, we maintain other terms and policies that supplement these Terms and Conditions as set out below, including our Privacy Policy, which describes how we collect, use and process your personal information.

1. Applicability
1.1. By accessing or using this Site and its related software tools, applications, or any other Hōmbound service, you agree to be bound by the terms of our Privacy Policy and the following General Terms and Conditions (collectively, the “Hōmbound Terms”) and to any additional terms (such as but not limited to those listed above), policies, guidelines, restrictions or rules that may be posted in connection with specific sections or services of this Site. All are hereby incorporated by reference into the agreement entered into by Hōmbound and you, the customer, at the time you access or use the corresponding section, service, or feature, or have otherwise agreed to their applicability. These Hōmbound Terms and any Additional Terms that you have agreed to, make up the entire agreement between us about its subject matter and supersedes all prior agreements, representations, and understandings.

1.2. If you use this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Hōmbound Terms on its behalf and to bind such business, organization, or entity to these Hōmbound Terms.

1.3. Every offer of a Hōmbound product and/or service on our Site as well as every transaction, order, and agreement that is concluded through our Site is governed by our Hōmbound Terms.

1.4. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Hōmbound has not specifically rejected them.

1.5. The Hōmbound Terms and Conditions do not apply to orders of a product or a service that are not from Homebound directly but from a third party. This can be a reseller or a service provider we have partnered with. In such cases, the terms you have separately agreed upon with this third party will apply.

1.6. Hōmbound reserves the right to make changes to this Site at these Hōmbound Terms at any time without prior notice. You should review these Hōmbound Terms each time you access this Site.

2. Your Account
2.1. Before you can place an order online and wish to continue to use some of our services or features, including being able to access your saved designs, you must register a Hōmbound account. You furthermore must keep your account and other information accurate, including your email address, your credit card numbers, and its expiration date in order to enable us to complete your order and contact you as needed.

2.2. The customer will at all times be responsible for every use of its Hōmbound account. You agree to protect your log-in credentials such as your password and control any access to your Hōmbound account, especially when you have granted another person in your business or household access rights to your account or otherwise permit them to use your account with the purpose to place an order on your behalf. You agree that you will be responsible for all orders placed or other actions that are taken through your Hōmbound account.

3. Terms of Sale
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. Hōmbound reserves the right to reject any order without the obligation to assign any reason. An agreement between you and Hōmbound is subject to our acceptance of the order and will be formed when you receive the order confirmation by email.

4. Materials for Limited Use
4.1. This Site contains graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, media content belonging to other users through an embedded feed from social media platforms, stock images and footage from stock providers and other information (“Content”). This Site and all its Content are the intellectual property of Hōmbound or the intellectual property of parties from whom Hōmbound has licensed such property. All rights in this Site and its Content are reserved worldwide.

4.2. It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish or use any portion of the Content except as expressly allowed in these Hōmbound Terms.

4.3. Hōmbound reserves the right to add to, delete from or modify any part of its Content at any time without prior notice. Any modifications to our Content, whether by you or Hōmbound, remain the property of Hōmbound and its licensors.

4.4. The design tools and services provided on this Site (including, for example, product and logo design tools and services) employ various design elements, including product templates, images, fonts, color schemes, graphics, illustrations, logos, and photos, and design effects. Hōmbound reserves the right to use all such design elements and to make all such design elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other Hōmbound customers may use the design tools and services to create Designs (defined herein to include designs, written copy, and/or logos) that have similar or identical combinations of design elements to your Design and Hōmbound does not guarantee that your Design will not have similarities to Designs created and used by other parties. If you create a design that is a derivative work based on or incorporating design elements and/or other Content, all rights in and to such design elements or Content shall continue to be owned by VistaPrint or its licensors.

4.5. Hōmbound provides no warranty of any kind that a Design you create while using the design tools and services on our site, possibly together with our content, will not infringe, or be subject to a claim of infringing, any trademarks or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the Design is legally available for your particular use and does not infringe the rights of another party. You are solely responsible for determining whether a license or other additional rights are required in connection with the intended use of your Design and for obtaining such additional rights.

5. Use of our Site and its Content
5.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Hōmbound (referred to herein as “Products” unless such use involves a third party is expressly permitted by applicable law or provided for in these Hōmbound Terms. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Hōmbound does not entitle you to use any portion of our Content apart from the finished Products as they are supplied to you by Hōmbound.

5.2. You agree to use this Site in a responsible manner that is in full compliance with these Hōmbound Terms and with your local laws and regulations, including export and import regulations.

5.3. The customer represents and warrants that at all times it has complied and shall comply with all applicable restrictions arising out of any relevant sanctions and export and trade controls legislation, regulations, or orders of the United Nations, the European Union, and its Member States, Norway, Switzerland, the United Kingdom, the United States of America, and any other country whose laws, regulations or orders apply to the parties involved or activities covered or contemplated by these Hōmbound Terms (collectively, the “Trade Laws”).

5.4. The customer further represents and warrants that it is not: (a) designated or otherwise sanctioned under, nor is it ultimately owned (as to 50% or more of its shares or voting rights) or controlled by, or acting on behalf of, any party designated or otherwise sanctioned under, Trade Laws; or (b) ordinarily resident, organized or located in, nor will transfer directly or indirectly any Products received under these Hōmbound Terms to Cuba, Iran, North Korea, Syria, the Crimea region (including Sevastopol), the so-called Donetsk People’s Republic (DNR) or the so-called Luhansk People’s Republic (LNR).

6. Delivery, Title, and Risk
6.1. Hōmbound will deliver the Products at the address specified in the order confirmation, provided that all applicable payments have been received in full by their appropriate due date, using Hōmbound’s standard methods for packaging and by the customer´s chosen delivery option. Any lead time given is estimated.

6.2. Hōmbound may, at its discretion, deliver the Products in whole or by installments in any sequence or deliver the Products before the date of delivery, and in such event, the customer must not refuse to take delivery of the Products. Where the Products are delivered in installments or part deliveries, each installment or part delivery shall be invoiced separately if such an invoicing process is put in place and be deemed to be a separate sale agreement between Hōmbound and the customer. Any delay in delivery or defect in an installment or part delivery shall not entitle the customer to cancel any other installment or terminate the entire sale agreement.

6.3. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

6.4. The customer is responsible for fully inspecting all Products carefully and immediately upon arrival, and declaring any defects, non-conformances, or damages, immediately through the proof of delivery or collection acceptance documentation when the Products have been shipped under such Proof of Delivery (POD) or similar type of service. A description of the alleged defect, non-performance, or damage must be given in writing at the time of delivery and signed by or on behalf of the customer. If such a proof of delivery service was not included with the chosen delivery method, the customer shall be deemed to have inspected the Products as soon as reasonably practicable after delivery. The customer must notify Hōmbound by contacting its Customer Care team either in writing (including by email) or by telephone, about any alleged defects, non-conformances or damages within 14 days after receipt of the Products. Failure of the customer to timely notify Hōmbound after receipt as indicated in this section voids the Product warranty and/or Satisfaction Guarantee. In the event the order was placed by a consumer, meaning a physical person who purchased the Product for use not related to a business, entrepreneurial or professional activity, the aforesaid notice period is extended to 2 months and will start on the day the alleged damages or defects are discovered or should reasonably be discovered when the order was timely inspected upon receipt.