These terms and conditions (the "Terms and Conditions") govern the use of www.powerup-bd.com (the "Site"). This Site is owned and operated by Power Up Brand and Design LLC. This Site is a design blog and portfolio.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
All content published and made available on our Site is the property of Power Up Brand and Design
LLC and the Site's creators. This includes, but is not limited to images, text, logos, documents,
downloadable files and anything that contributes to the composition of our Site.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
- Apparel and Stationary.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access
it. This includes all products listed as being out of stock. All information, descriptions, or images that
we provide about our goods are as accurate as possible. However, we are not legally bound by such
information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You
agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel
your order and have already processed your payment, we will give you a refund equal to the amount
you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt
of any refund.
We accept the following payment methods on our Site:
- Credit Card.
When you provide us with your payment information, you authorize our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you
authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to
cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following
- Standard delivery by post. Delivery takes 5 - 7 business days..
Delivery will take place as soon as reasonably possible, depending on the delivery method selected.
Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include
weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the
recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a
result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these
Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms
and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict
between these Terms and Conditions and that legislation, the mandatory provisions of the legislation
Limitation of Liability
Power Up Brand and Design LLC and our directors, officers, agents, employees, subsidiaries, and
affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including
legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Power Up Brand
and Design LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any
actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of
our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of Texas.
Subject to any exceptions specified in these Terms and Conditions, if you and Power Up Brand and
Design LLC are unable to resolve any dispute through informal discussion, then you and Power Up
Brand and Design LLC agree to submit the issue before a mediator. The decision of the mediator will
not be binding. Any mediator must be a neutral party acceptable to both you and Power Up Brand and
Design LLC. The costs of any mediation will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Power Up Brand and
Design LLC agree that you both retain the right to bring an action in small claims court and to bring an
action for injunctive relief or intellectual property infringement.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent
or invalid under applicable laws, those provisions will be deemed void and will be removed from these
Terms and Conditions. All other provisions will not be affected by the removal and the rest of these
Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with
the law and to reflect any changes to the way we operate our Site and the way we expect users to
behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a
Website Terms and Conditions
Please contact us if you have any questions or concerns. Our contact details are as follows:
You can also contact us through the feedback form available on our Site.
Effective Date: 02/13/.2023