Terms

Welcome to drapely! This website is operated by drapely. Throughout this site, the terms “we,” “us,” and “our” refer to drapely. We offer this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by these following terms and conditions (“Terms of Service,” “Terms”), including those additional terms, conditions, and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or content contributors. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you don't agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It's your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted means you accept those changes.

1. Key Definitions

To ensure clarity, the following terms in these Terms of Service are defined as:

  • Company, We, Us, Our: Refers to drapely, the operator of this website and provider of the services.
  • Country: Refers to the United States, where drapely operates.
  • Device: Any internet-connected device, such as a phone, tablet, or computer, used to visit our website and use our services.
  • Service: Refers to the services provided by drapely via this website, including the sale of custom curtains and related products.
  • Third-Party Service: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
  • Website: drapely's site, accessible via its official URL.
  • You: A person or entity registered with drapely to use our Services.

2. User Responsibilities & Restrictions

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You agree not to, and you won't allow others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or commercially exploit the website or make the platform available to any third party.
  • Modify, create derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website.
  • Remove, alter, or hide any proprietary notice (including copyright or trademark notices) of drapely or its affiliates, partners, suppliers, or licensors of the website.
  • Use our products for any illegal or unauthorized purpose, or violate any laws in your jurisdiction (including, but not limited to, copyright laws) when using the Service.
  • Transmit any worms, viruses, or any code of a destructive nature.
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.

Breaking any of these Terms will result in an immediate termination of your Services.

3. Purchases & Payments

When you make a purchase through our Service, you agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time each fee or charge is due. You must provide drapely with valid payment information (such as a credit card or other accepted payment method). Your payment provider agreement governs your use of the designated payment account. By providing drapely with your payment information, you authorize drapely to verify the information immediately and subsequently invoice your account for all fees and charges due. No additional notice or consent is required for this. You agree to promptly notify drapely of any change in your billing address or payment method.

drapely reserves the right to change its prices and billing methods at any time, either immediately upon posting on our site or by email delivery to your organization’s administrator(s). You are responsible for any third-party fees you may incur when using the Service.

4. Returns & Refunds

Our Return & Exchange Policy governs all product returns and refunds. By placing an order or making a purchase with drapely, you agree to the terms outlined in our Return & Exchange Policy. We encourage you to review this policy carefully for detailed information on eligibility, conditions, and procedures.

5. User Content & Feedback

If, at our request, you send certain specific submissions (e.g., contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, "Comments"), whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you forward to us. We are not obligated to (1) keep any Comments confidential; (2) pay compensation for any Comments; or (3) respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your Comments won't violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments won't contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

6. Optional Tools & Third-Party Links

Optional Tools

We may provide you with access to third-party tools over which we don't monitor, control, or have any input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of o(1)ptional tools offered through the site is entirely at your own risk and discretion. You should ensure you're familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).(2) In the future, we may also offer new services and/or features through the website (including the release of new tools an(3)d resources). Such new features and/or services will also be subject to these Terms of Service.


Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we don't warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

7. Intellectual Property

The website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by drapely, its licensors, or other providers of such material. They are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of drapely, unless expressly provided in these Terms of Service. Any unauthorized use of the material is prohibited.

If you are a copyright owner or their agent and believe any material on our website infringes your copyright, please contact us with the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the allegedly infringing material; (c) your contact information (address, telephone number, and email); (d) a statement that you have a good-faith belief that use of the material isn't authorized by the copyright owners; and (e) a statement that the notification information is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner.

8. Disclaimers & Limitations of Liability

Disclaimer of Warranties

The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you. Your use of, or inability to use, the Service is at your sole risk.


Limitation of Liability

In no case shall drapely, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions don't allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless drapely and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

10. Term & Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If, in our sole judgment, you fail (or we suspect you have failed) to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain responsible for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.

11. Dispute Resolution (Arbitration Agreement)

This section outlines how disputes between you and drapely will be resolved. Please read it carefully.

Except for disputes related to claims for injunctive or equitable relief regarding the enforcement or validity of your or drapely's intellectual property rights, any other dispute (meaning any controversy between you and drapely concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis) will be resolved exclusively by binding arbitration.

You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury.

  • Notice of Dispute: In the event of a dispute, you or drapely must give the other a written Notice of Dispute. This statement sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: hello@yourbrand.com. drapely will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address.
  • Informal Negotiation: You and drapely will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent.
  • Binding Arbitration: If you and drapely don’t resolve any dispute by informal negotiation within 60 days, any further effort to resolve the dispute will be conducted exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA). The arbitration will be conducted by a single arbitrator.
  • Injunctive Relief: Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
  • Costs: Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party will be borne by the non-prevailing party.
  • Time Limit: YOU AND DRAPELY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. General Provisions

  • Accuracy of Billing and Account Information: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may try to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so we can complete your transactions and contact you as needed.


  • Errors, Inaccuracies, and Omissions: Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you've submitted your order). We are not obligated to update, amend, or clarify information in the Service or on any related website, except as required by law.


  • Prohibited Uses: In addition to other prohibitions in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any federal, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to(4) collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.


  • Severability: If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be considered separated from these Terms of Service, and this decision won't affect the validity and enforceability of any other remaining provisions.


  • Waiver: Our failure to exercise or enforce any right or provision of these Terms of Service won't be a waiver of that right or provision.


  • Entire Agreement: These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the Service, form the entire agreement and understanding between you and us. They govern your use of the Service, replacing any prior or simultaneous agreements, communications, and proposals, whether oral or written, between you and us (i(5)ncluding any previous versions of the Terms of Service).


  • Governing Law: These Terms of Service and any separate agreements where we provide you Services will be governed by and interpreted in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles.


  • Promotions: drapely may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that might require you to submit material or information about yourself. All Promotions may be governed by separate rules with specific eligibility requirements (e.g., age, geographic location). You are responsible for reading all Promotion rules to determine your eligibility. By entering any Promotion, you agree to abide by and comply with all Promotion Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, and these terms become part of this Agreement by reference.


  • Typographical Errors or Incomplete Pricing: If a product or service is listed at an incorrect price or with incorrect information due to a typographical error, we have the right to refuse or cancel any orders placed for that product or service at the incorrect price, even if the order was confirmed and your credit card charged. If your credit card has already been charged and your order is canceled, we will immediately issue a credit to your credit card account or other payment account for the charged amount. If an order is placed with incomplete or incorrect pricing due to technical issues on the customer's side (e.g., network loading errors, interruptions during customization), the order will be considered invalid. It's the customer's responsibility to ensure all information is fully loaded and the total amount is accurate before placing an order. In such cases, we reserve the right to cancel the order and notify the customer.

    • 13. Changes to Terms of Service

    You can review the most current version of the Terms of Service at any time on this page. We reserve the sole right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It's your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service after any changes to these Terms of Service are posted means you accept those changes.

    14. Contact Information

    Questions about the Terms of Service should be sent to us at:

    Email: hi@drapely.com