Terms and Conditions
Terms Of Service
Homdesign.com, (“Website”) welcomes and appreciates your visit. Your access and use of the Website is subject to the following Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement does not apply.
Hom Design, LLC reserves the right to amend the website and the terms of this agreement at its discretion from time to time. We encourage you to come back to this page frequently to ensure you are up to date with the latest terms.
Hom Design, LLC reserves the right to refuse service at its discretion, especially when in compliance with laws.
1. Legal Agreement
(a) This Agreement is a legally binding agreement between you and Hom Design, LLC.
(b) The effective date of this Agreement (“Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as stated, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately.
(c) You agree that by using the Website, such use constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement. Hom Design, LLC and you are individually, a “party” and collectively, the “parties.”
(d) You agree that any purchase of Products from this Website shall be governed by this Agreement.
2. Privacy Policy
Your access to the Website and purchase of the Products shall be governed by this Agreement and also by the Privacy Policy. Hom Design, LLC collects and uses information you willingly give to the Website. This Agreement and the Privacy Policy may be collectively referred to as the Agreement and are intended to be read together.
3. Terms of Agreement
The term of this Agreement shall begin on the Effective Date and continue until terminated as expressly provided in this Agreement (the “Term”). This Agreement and the Privacy Policy shall run concurrently and if either terminates, then the other shall automatically terminate. You may terminate this Agreement at any time by sending an email to info@homdesign.com and informing us of your intent.
(a) Hom Design, LLC may immediately terminate this Agreement as required by law or due to your breach of any provision of this Agreement in Hom Design, LLC’s determination. Termination will become effective immediately. Upon termination, all rights granted by Hom Design, LLC to you under this Agreement, including your use of the Website, shall immediately terminate, and you will not be allowed to use the Website or purchase Products.
(b) You may only use the Website and purchase Products for legal purposes
(c) Images of people or products displayed on the Site are either the property of, or used with permission by, Hom Design, LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or expressed written consent is given by Hom Design, LLC. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and Hom Design, LLC reserves the right to act accordingly.
(d) Except as expressly stated in this Agreement, Hom Design, LLC does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Hom Design, LLC to you under this Agreement are expressly reserved to Hom Design, LLC.
4. Purchases
You must be at least 18 years old to order any knife (product that contains a live blade with a sharp edge and point) products. These items may be illegal in your area and Hom Design, LLC will not ship to any restricted locations (as identified in section 8). You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website.
5. Legal Disclaimers
Hom Design, LLC offers no legal advice regarding laws applicable to your purchase of Products. The site contains general information herein to you of federal laws that may affect your purchase. It is your responsibility, as the buyer, and not Hom Design, LLC, as the seller, to ascertain and obey all applicable laws regarding your purchase and use of Products.
6. Change and Cancellation Policy
You may change or cancel your order up until the time the order is shipped. You can contact us about a change or cancellation at the email listed in the “contact us” section of the Website. Send your email with an “order change” or “order cancellation” in the subject line to make sure the correct person sees the request.
7. Payment
Credit cards – we accept Visa, Mastercard, Discover, and American Express. By ordering with a credit card you agree that you are authorized to use such credit card and, if there is a billing dispute, to handle any billing disputes directly with us.
Hom Design, LLC reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer’s order and charges to the credit card used will be voided or refunded.
8. Domestic Purchases
(a) Hom Design, LLC ships all non-knife orders via USPS Priority mail insured within the United States at a flat fixed rate that customer is responsible for. UPS Ground may also be selected. Orders can take up to 3-5 business days to be processed. UPS Ground or Fedex Ground are used for shipping live blade knife orders.
(b) We make no guarantees about shipping time; typically USPS Priority mail takes 2-3 days. However, delays may result from occurrences, such as, without limitation, customer verification, declined credit cards, restricted items, legal prohibitions, product unavailability, acts of God, and other force majeure events. Orders that are marked "Delivered" are complete-- please ensure that your delivery address has a safe and secure location for package delivery. Hom Design LLC is not responsible for stolen or missing packages upon or after delivery.
(c) All purchases over $500 will require signature on delivery.
(d) Please email info@homdesign.com within 48 hours if your order is not delivered in the expected time table.
(e) There are areas within the US that we cannot ship sharp edged butterfly knives (balisong). These areas include, but are not limited to: California, Hawaii, Washington, New Mexico, and New York City.
(f) Purchases within New York State are subject to approximately 8% Sales and Use tax.
In many cases, orders that are placed with a ship to address that is not authorized by the credit card issuer are subject to shipping delays, verification emails/telephone calls and/or cancellation. Additionally, orders that are shipped to an address other than the authorized billing address are subject to shipping delays and verifications. In situations where we cannot confirm the validity of an order or we suspect fraud, the order will be cancelled.
9. International Purchases
At this time, Hom Design, LLC does not ship internationally. If you wish to purchase our products outside the US, please visit a participating dealer that carries our products.
10. Warranty
Hom Design, LLC knife products are well engineered and highly precise knives. Each one is warrantied to be free of manufacturing defects in material and workmanship for as long as the original consumer owns the product.
Should a customer purchase a new product from Hom Design, LLC and a manufacturing defect is determined, that product will be repaired or replaced at no charge to the customer.
Contact info@homdesign.com with the issue you are experiencing
Warranty does not cover wear and tear from normal usage (including cosmetic wear), damage caused by neglect or misuse, or general maintenance such as sharpening of blade
Product warranty is void if any knife is disassembled or modified
- If service or repair is desired out of warranty, Hom Design, LLC will determine the price based on condition of knife. Customer assumes all shipping costs.
11. Return Policy
If you are not satisfied with your purchase, you may notify us within 14 days of receipt for a refund of the cost of the products. Shipping charges are not refundable and all returns are subject to a 7% restocking and credit card processing fee. Refunds will be issued in the same method as the order payment.
The item must be returned in the same condition as received and must be shipped fully insured via any common carrier. The reaction of any materials to water and air (rust, oxidation, etc.) is not guaranteed during shipping transit. Please notify us immediately upon receipt of the package if any issues are present.
If an item needs to be returned due to our error or a manufacturing defect, shipping may be refunded at our discretion.
Please contact us before sending any item back as a return. All returns must be insured. Address returns to:
Hom Design
1188 Willis Ave
#342
Albertson NY 11507
12. Representations and Warranties
By placing an order, you warrant and represent that you will use the Products in a lawful manner and that you are of legal age to purchase and use the Products.
13. Compliance with Legal Authorities
Anyone known or believed to use the Products other than for the Purpose, or provides false information, or attempts to defraud us in any way will be reported to the proper authorities. You understand and agree that Hom Design, LLC monitors usage on the Website and of purchase of Products and that, in accordance with the terms of this Agreement and the Privacy Policy, we may share your use of the Website and purchase of Products Services, including Personal Information (as defined in the Privacy Policy), with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Website or Products is for an unlawful purpose.
14. Disclaimer of Warranties
(a) Except as expressly stated herein, Hom Design, LLC specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, and any warranty against non-infringement of any intellectual property right of any third party in connection with your access to the website and the products. Except as expressly stated herein, Hom Design, LLC does not warrant that the website or any products will meet your expectations or requirements, or that the products will provide security or protection against harm, injury, dismemberment, or death, or that the content of the website or method of delivery will be free of error (including facts, statements, service levels, download speed, website downtime, outages, wi-fi, hotspot, or internet connectivity or security), or that defects therein will be corrected. The provisions of this section shall be in effect to the maximum extent permitted by applicable law.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, product misinformation, and stock discrepancies) are inevitable. Hom Design, LLC is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, Hom Design, LLC will not be held liable for the misuse of any Product purchased from us or any of our distributors and dealers.
15. Limitations of Liability
Hom Design, LLC shall not be liable to you or any other party for lost profits, loss of business, special, indirect, incidental, consequential, exemplary or punitive damages, even if a party has been previously advised of the possibility of such damages. Hom Design, LLC’s total liability, and your sole and exclusive remedy for any claim under this agreement, shall not exceed the total amount paid by you to Hom Design, LLC under this agreement. The provisions of this section shall be in effect to the maximum extent permitted by applicable law.
16. Indemnification
You shall defend, indemnify, and hold harmless Hom Design, LLC and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
17. Independent Parties
Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between Hom Design, LLC and you.
18. Dispute Resolution
This Agreement and Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York, without regard to any applicable conflicts or choice of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall apply. For any dispute arising out of or in connection with this Agreement or the Privacy Policy, the parties hereto irrevocably consent to binding arbitration in New York City, NY under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such city is inconvenient. You understand that you hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Agreement or the Privacy Policy. The prevailing party in any such arbitration action shall be entitled to collect from the non-prevailing party, in addition to any award, all reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees and court costs.
19. Complete Agreement. This Agreement and the Privacy Policy, and references to pages and sections on the Website, contain the entire agreement of the parties and supersedes any and all other agreements, whether oral or in writing, between the parties concerning the subject matter hereof. Without limiting our rights, any modification of this Agreement or the Privacy Policy shall be effective only if in a writing signed by the parties. In the event of conflict between this Agreement and the Privacy Policy/pages and sections of the Website, this Agreement shall prevail.
20. Severability. If any provision of this Agreement or the Privacy Policy is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
21. Assignment. You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Hom Design, LLC.