Terms of service
Welcome to Five 12 Designs ("Five 12 Designs," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services").
By accessing or using our website or placing an order, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. About Five 12 Designs
Five 12 Designs is an Arizona-based online business that designs, creates, and sells original products across a variety of product categories. All sales are conducted through our online store.
2. Eligibility
By using our Services, you represent that you are at least 18 years of age or have the permission of a parent or legal guardian to use our website and place orders.
3. Products
We make every effort to accurately display product descriptions, colors, images, and specifications. However, actual product colors and appearances may vary depending on your device or display settings.
Because many of our products are designed or produced by Five 12 Designs, slight variations in appearance, finish, or materials may occur and do not constitute defects.
We reserve the right to modify, discontinue, or limit the availability of any product at any time without notice.
4. Pricing and Payment
All prices are listed in U.S. Dollars unless otherwise stated.
We reserve the right to change prices at any time prior to an order being accepted.
Payment must be received before an order is processed. Orders are subject to acceptance and availability.
If we are unable to fulfill an order for any reason, we reserve the right to cancel the order and issue a refund for any amount paid.
5. Shipping and Delivery
Estimated shipping and delivery times are provided for convenience only and are not guaranteed.
Once an order has been transferred to the shipping carrier, Five 12 Designs is not responsible for delays caused by the carrier, weather, customs, or other circumstances beyond our control.
Risk of loss passes to the customer upon delivery to the shipping carrier, except where prohibited by applicable law.
6. Returns and Refunds
Returns, exchanges, and refunds are governed by our Refund or Return Policy, if applicable. Please review that policy before making a purchase.
7. Intellectual Property
All content on this website—including but not limited to product designs, artwork, graphics, logos, photographs, text, branding, product names, and other creative works—is the property of Five 12 Designs or its licensors and is protected by United States and international intellectual property laws.
You may not reproduce, copy, modify, distribute, sell, or otherwise use our content without our prior written permission.
8. User Conduct
You agree not to:
- Use the website for any unlawful purpose.
- Attempt to interfere with the operation or security of the website.
- Upload or transmit malicious software or harmful code.
- Misrepresent your identity or provide false information.
- Infringe upon the intellectual property rights of Five 12 Designs or others.
9. User Feedback
If you voluntarily submit reviews, suggestions, ideas, or other feedback, you grant Five 12 Designs a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, publish, and display that feedback without compensation, unless otherwise prohibited by law.
10. Privacy
Your use of our website is also governed by our Privacy Policy. Customer information is collected and processed in accordance with the Privacy Policy provided through our Shopify store and any additional privacy notices we publish.
11. Disclaimer of Warranties
Our Services and products are provided on an "as is" and "as available" basis to the fullest extent permitted by law.
We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.
12. Limitation of Liability
To the fullest extent permitted by Arizona law, Five 12 Designs shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of the Services or any products purchased through our website.
Our total liability for any claim shall not exceed the amount paid by you for the product or products giving rise to the claim.
Nothing in these Terms limits any rights that cannot legally be limited under applicable law.
13. Indemnification
You agree to indemnify and hold harmless Five 12 Designs, its owners, employees, contractors, and affiliates from any claims, liabilities, damages, losses, and expenses arising out of your violation of these Terms or your misuse of the Services.
14. Third-Party Services
Our website may use or link to third-party services, including payment processors, shipping providers, analytics services, and the Shopify ecommerce platform. We are not responsible for the content, policies, or practices of third-party services.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.
Any legal action relating to these Terms shall be brought in the state or federal courts located in Arizona, unless applicable law requires otherwise.
16. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Updated Terms become effective immediately upon posting to our website. Continued use of our Services after changes are posted constitutes acceptance of the revised Terms.