Terms and Conditions

SITE ACCESS

By accessing this website, you agree to be bound by these Terms of Use, as well as any additional terms appearing at applicable sections of this website and all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. Our Privacy Policy and SMS Terms of Services are part of these Terms of Use. If you do not agree to these Terms of Use, please do not use the website. J. H. Design, L.P. ("Jon Hart Design or JHD"), a Texas Limited Partnership, reserves the right to modify these Terms of Use at any time and will post such changes here. By continuing to use this website after Jon Hart Design posts any such changes, you agree to be bound by the modified terms. If you do not agree to any change, you must immediately stop using and accessing the website. Please review the Terms of Use regularly for updates and changes. The "Last Updated" date, as stated above, indicates the last time the agreement was materially modified. Checking the date above allows you to determine whether there have been material modifications since the last time you reviewed the Terms of Use.

COPYRIGHT NOTICE
All copyrights in this site are owned by Jon Hart Design. All rights reserved. You should assume that everything that you read or see on the website is copyrighted or otherwise protected and owned by Jon Hart Design or some third party who licensed to Jon Hart Design the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the website may be copied or used except as provided in these Terms of Use or with the prior written approval of Jon Hart Design. Jon Hart Design grants you permission to print individual pages from the website, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating or purchasing Jon Hart Design's services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright, or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. Jon Hart Design makes no warranties or representations to you that your use of any materials displayed on the website will not infringe the rights of third parties.

TRADEMARKS
"Jon Hart Design," and its other brand names and its logos are trademarks of Jon Hart Design. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without the prior written permission of Jon Hart Design. The use or misuse of any of these marks or other information is strictly prohibited.
 
LIMITATION OF WARRANTY AND DAMAGES
The information on the website is provided "as is" and without warranties of any kind, either expressed or implied, including all warranties of merchantability and fitness for a particular purpose. Jon Hart Design makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this website. Jon Hart Design makes no warranty that the website will be available, uninterrupted, error-free, or free of viruses or other harmful components. Jon Hart Design further makes no warranty that you will achieve successful results from following any instructions or directions on the website. The foregoing also applies to any information in any websites hyperlinked to this website. Such links are provided for your reference only. Jon Hart Design does not control such third party sites and is not responsible for the content of or any products or services offered on those sites. The material could contain inaccuracies or be outdated. In no event will Jon Hart Design be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Jon Hart Design, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

PRODUCTS
Products offered on the website constitute a selection of those which are presented in Jon Hart Design's authorized retail stores. If you wish to avail yourself of a broader choice you are invited to visit a Jon Hart Design Retail Store. The products on the website are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act, which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase. If, in spite of all the care taken by Jon Hart Design, there are inaccuracies in the presentation on the website, Jon Hart Design shall in no event incur any liability therefor. Jon Hart Design does not warrant that item descriptions or other content of the website is accurate, complete, reliable, current, or error-free. If a product offered on the website is not as described, your sole remedy is to receive a refund on the item less than $20 for a restocking fee. Photographs illustrating the items for sale are not included within the scope of the contract. They have solely an indicative value, given the alterations that may occur as a result of their uploading onto the site and large variance in electronic devices used in viewing them.

RETURN & CANCELLATION POLICY
For all returns and cancellations, please see our Returns & Exchanges Policy.

PRICES
Prices are firm and final on all products. Customization is a flat $10 on all products unless otherwise noted (Trinity is $15) and applied at checkout.  They are expressed in US dollars. All taxes are included in the summary of the order. Jon Hart Design reserves the right to modify prices at any time, without notice and without any other formality except to incorporate the modifications into the website, but items ordered are invoiced at the price in effect on the day of the order. Despite our best efforts, a small number of the items on the website may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Jon Hart Design reserves the right to limit quantities. All shipping costs are invoiced in addition, and indicated on the summary of the order before its final approval by you. The amount of shipping cost is calculated as a function of the destination and the actual weight or volume of the order in accordance with the methods defined by the shipper chosen by Jon Hart Design. We encourage you to print and maintain a copy of your purchase order for your records. Payment, expressed in US Dollars, shall be made exclusively online through the website via MasterCard, Visa, Discover, and PayPal. Jon Hart Design charges your credit card at the time you place your order. For all JHD Retail Stores, orders are charged at the time they are shipped.

ORDER
A guided search allows you to find a selection of items from the Jon Hart Design's collection on the website and then to make your choice from this selection in order to place your order. Your order is carried out in three steps: The first step consists of your approval of the articles chosen for your order. Jon Hart Design guarantees that the items proposed at the time of the order are actually in stock or will be made to order. As clearly stated at “check out” you will be solely responsible for any order once placed, including duplicative orders. The second step consists of your entry of the necessary pieces of identification and other information required for the execution of the order, namely the following items: first and last name, complete delivery address (including apartment or suite number and/or zip code extension, specific payment information, and billing address with same detail as previously mentioned. To that end, you may create an 'account' identified by your e-mail address and a password chosen by you, or you may check out as a guest, without creating an account. If you have already ordered from the website and created an account, these pieces of identification and other information will have been saved; you will then need to call up your account (by inputting your e-mail address and password); once connected to your account, you may modify any information. The third step consists of the final approval of the order. You are presented with a summary of the valid and binding purchase order, including all items selected, delivery, payment information, billing address, the total amount of the items, taxes, and shipping and handling costs. At this point, you will verify the summary of the order and make, if desired, any modifications to it. After such modifications, you will be presented with a new summary of the order so modified. Any order whether modified or not must receive final approval on the part of the customer, based on the summary described. This action is effected by clicking on the 'confirm' button. This click constitutes an electronic signature that has, between the parties, the same validity as a handwritten name. Jon Hart Design commits to preparing the order as expeditiously as possible. You will be advised of any order shipment via e-mail.

SHIPMENT
Items are delivered by UPS. Any delivery times provided on the website are estimates only. Exceeding these times shall in no event be held against Jon Hart Design or give rise to any cancellation of the contract or to any indemnity whatsoever for damages and interest. The risk of loss and title for such items pass to you upon Jon Hart Design's delivery to the shipper. Items are always shipped at the risk of the customer, who must check their good condition at delivery. Any problem concerning delivery (damaged parcels, items missing from the Jon Hart Design invoice accompanying them, etc.) must be brought to the attention of the shipper immediately, and/or Jon Hart Design, by contacting Jon Hart Design via email or standard US mail. If return of the item is necessary, one must include all product(s), packing materials, and the original box. See necessary contact information at the end of these Terms of Use.

SUBMITTED INFORMATION
If you submit information to us or post information or materials to the website, excluding financial information, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, video or other media materials, concepts or other information (collectively, the "Submitted Information"), you are giving the Submitted Information to Jon Hart Design free of charge, and the Submitted Information will be treated as non-confidential and non-proprietary and may be used by Jon Hart Design for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by email, through a form on the website, on a public forum, or in any other manner. Submitted Information may be readily viewed by Jon Hart Design and the general public. You grant Jon Hart Design a royalty-free, perpetual, irrevocable, and fully sublicensable right to use such Submitted Information throughout the world in any media for any purpose. You further grant Jon Hart Design and our sublicensees the right to use the name that you submit with the Submitted Information. You waive any rights you may have in modifications or alterations to your Submitted Information. In addition, you hereby waive all moral rights you may have in the Submitted Information. If you believe that any Submitted Information has been used on the website in a manner that violates an intellectual property right or other proprietary right, please contact us at (210) 226-8544. You will not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law or seek to exploit or harm children. You are solely responsible for any material you submit to us. You represent and warrant that you own or otherwise have rights to use the Submitted Information; that the same is accurate; and that use of the Submitted Information will not cause injury to any person or entity. You will not submit any material which contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Jon Hart Design website or any connected network, or otherwise interferes with any person's or entity's use or enjoyment of the Jon Hart Design website. You further agree to defend and indemnify Jon Hart Design for any breach of this agreement. Jon Hart Design does not endorse opinions submitted to our public forums. In addition, the public forums are for noncommercial use. You agree not to use any public forum for commercial solicitations or advertising or to promote websites or entities that are competitive with Jon Hart Design. While we may not review, monitor, filter or edit every message posted by our visitors, we reserve the right to edit or delete messages in our sole discretion. We may from time to time expressly request submissions of concepts, stories, or other content from you for various website features including contests and promotions. You understand and agree that you will read any specific rules or other terms and conditions which relate to such features and which govern those submissions. Such rules and/or other terms and conditions shall be incorporated into these Terms of Use. Through your usage of the website, you may submit and/or Jon Hart Design may gather and track your page views, how you came to visit the site, and length of time viewing pages. Jon Hart Design is free to use such information for internal studies and analysis.

REGISTRATION AND ONLINE STORE
To obtain full access to the website, you may be required to complete a registration. It is a condition to your use of this website that all information you provide be correct, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use will be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is strictly prohibited. This website may also feature online shopping and paid memberships. You must be 18 years of age or older to participate in such activities. By ordering a product or service on the Jon Hart Design website, you represent that you are 18 years of age or older.

TERMINATION OF THIS AGREEMENT
Jon Hart Design may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience. You may terminate this agreement at any time by destroying all materials received from the website and ceasing to use the website. Dispute Resolution This agreement has been made in and shall be construed in accordance with the laws of the State of Indiana. By using this website, you agree to the sole and exclusive venue and jurisdiction of the state and federal courts of Bexar County, Texas, for any and all disputes arising out of or related to this agreement or the use of this website.

UNITED STATES ONLY
All materials on this website are provided solely for the purpose of promoting Jon Hart Design's operations, services and products in the United States, its territories, possessions and protectorates. Jon Hart Design makes no representation that the materials on the website are appropriate or available for use in other locations. If, despite these conditions, you use the website from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.

MISCELLANEOUS TERMS
Jon Hart Design failures to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to the subject matter hereof.

TOTES REWARDS CLUB 

 

Reward points & Totes Rewards Club status are exclusively awarded to retail purchases made on www.jonhartdesign.com. Earned reward points cannot be redeemed on discounted items or be combined with discount codes or gift card codes. Totes Rewards Club is exclusive for internet customers who pay full retail price. Corporate and Wholesale customers are not applicable to join.

SMS

By consenting to Jon Hart Design’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at customerservice@jonhartdesign.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Jon Hart Design products or services, you agree that any controversy, claim, action, or dispute between you and Jon Hart Design arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Jon Hart Design’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Bexar County, Texas, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the state of Texas, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Jon Hart Design's products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 220 Burleson, San Antonio, TX 78202. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Jon Hart Design. You are responsible for ensuring Jon Hart Design’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Jon Hart Design agree that you may bring or participate in Claims against Jon Hart Design only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Jon Hart Design agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

CONTACT
Any questions may be directed to:
Jon Hart Design 
220 Burleson Street
San Antonio, TX. 78202

Email: customerservice@jonhartdesign.com 
Phone: (210) 226-8544