1. Introduction And Acceptance Of Terms
Welcome to NGUYEN PHUONG DONG LLC. These Terms and Conditions govern your use of our website located at npdong.store and your purchase of products from us. By accessing our website or placing an order, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not use our website or purchase our products.
These Terms and Conditions constitute a legally binding agreement between you and NGUYEN PHUONG DONG LLC. Please read them carefully before placing any order. We recommend printing or saving a copy for your records.
2. Definitions
Throughout these Terms and Conditions, the following definitions apply:
“Company,” “we,” “us,” “our” refers to NGUYEN PHUONG DONG LLC, located at 1209 MOUNTAIN ROAD PL NE STE R ALBUQUERQUE, NM 87110.
“Customer,” “you,” “your” refers to any individual or entity accessing our website or purchasing our products.
“Products” refers to the engraved magnets, stickers, T-shirts, and any other items offered for sale on our website.
“Website” refers to npdong.store and all associated subdomains and pages.
“Order” refers to a request to purchase Products submitted through our Website.
“Customization” refers to any personalization, uploaded artwork, or specific design choices you select for your Products.
3. Eligibility And Account Registration
3.1 Age Requirement
You must be at least 18 years old to place an order with NGUYEN PHUONG DONG. By placing an order, you represent and warrant that you are at least 18 years of age. We reserve the right to cancel orders if we have reason to believe the customer is under 18.
3.2 Account Creation
You may browse our website without creating an account. However, to place an order, you must provide certain information including your name, email address, shipping address, and payment information. You may optionally create a registered account that stores your information for future orders.
If you create an account, you are responsible for maintaining the confidentiality of your login credentials. You are responsible for all activities that occur under your account. Notify us immediately if you suspect unauthorized access to your account.
3.3 Accuracy Of Information
You warrant that all information you provide to us, including your name, address, email, phone number, and payment details, is accurate, current, and complete. We rely on this information to process and deliver your orders. We are not responsible for delays, non-delivery, or other problems caused by inaccurate or incomplete information.
4. Products And Descriptions
4.1 Product Representations
We strive to display our Products as accurately as possible on our website. However, we cannot guarantee that your monitor’s display of colors, textures, or details exactly matches the physical Product. Minor variations between website images and actual Products do not constitute defects or errors.
4.2 Product Availability
All Products are offered subject to availability. Because we operate a print-on-demand model, “availability” refers to our ability to produce the Product, not to maintain inventory. If a Product becomes unavailable after you place an order, we will notify you and offer either a substitute or a full refund.
4.3 Pricing
All prices are listed in United States Dollars (USD). We reserve the right to change prices at any time without prior notice. Price changes do not affect orders already placed and confirmed. Despite our best efforts, occasional pricing errors may occur. If we discover a pricing error for an item you ordered, we will notify you and give you the option to proceed at the correct price or cancel your order for a full refund.
4.4 Customization Limitations
Not all design files are suitable for all Products. When you upload artwork for customization, we reserve the right to reject files that are technically unsuitable (for example, low resolution images that would print poorly). If we reject your file, we will notify you and provide guidance for submitting a usable file.
5. Ordering Process
5.1 Submission Of Order
Submitting an order through our website constitutes an offer to purchase Products. We are not obligated to accept your offer. Order acceptance occurs when we send you an order confirmation email. Until you receive that confirmation, we may cancel your order for any reason.
5.2 Order Confirmation
Upon submitting your order, you will receive an automated email acknowledging receipt. This email is not an order acceptance. Our subsequent order confirmation email constitutes acceptance. Please review your order confirmation carefully and contact us immediately if any information is incorrect.
5.3 Order Cancellation By Customer
You may request cancellation of your order before production begins. Contact us immediately at npdong2001@gmail.com or +84981508397. If production has not started, we will cancel your order and issue a full refund. Once production begins, cancellations are not possible because your custom Products are being manufactured specifically for you.
5.4 Order Cancellation By Company
We reserve the right to cancel any order for any reason, including but not limited to: suspected fraud, inability to process payment, product unavailability, pricing errors, violations of these Terms, or any other reason we deem appropriate. If we cancel your order after accepting it, we will provide a full refund.
6. Payment Terms
6.1 Payment Methods
We accept payment via credit card, debit card, Apple Pay, and Google Pay through our payment processor Stripe. By providing payment information, you represent that you are authorized to use the selected payment method.
6.2 Payment Authorization
When you submit your order, we authorize payment with your bank or card issuer. Funds are held until we confirm your order, at which point we capture the payment. If we cancel your order, we release the authorization, which typically resolves within 3-7 business days depending on your bank.
6.3 Taxes
You are responsible for all applicable taxes associated with your purchase. For US customers, we collect state and local taxes where required by law. For international customers, you may owe customs duties, VAT, or other import fees upon delivery. These fees are your responsibility and are not collected by us.
7. Shipping And Delivery
7.1 Shipping Policy
Our Shipping Policy, available separately on our website, governs shipping times, costs, and procedures. By placing an order, you agree to the terms of our Shipping Policy.
7.2 Delivery Estimates
Any delivery dates or timeframes provided are estimates only. We are not responsible for delays caused by shipping carriers, weather, customs, or other factors outside our control. You are not entitled to refunds or compensation solely due to delivery delays unless the delay is extreme (30+ days beyond maximum estimate) and you have not received the order.
7.3 Risk Of Loss
Title and risk of loss for Products pass to you upon our delivery to the shipping carrier. We are not responsible for lost, stolen, or damaged packages after delivery to the carrier, except as covered by our Refund and Return Policy.
7.4 International Shipping
International customers are responsible for complying with their country’s import laws. We are not responsible for packages seized or delayed by customs. By ordering from outside the United States, you accept these risks.
8. Intellectual Property
8.1 Our Intellectual Property
All content on our website, including product designs (unless customer-uploaded), text, graphics, logos, images, and software, is the property of NGUYEN PHUONG DONG or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without our express written permission.
8.2 Your Intellectual Property
When you upload artwork, images, text, or other content for customization, you retain ownership of your intellectual property. However, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify your content solely for the purpose of producing and delivering your Products. You represent that you own or have the right to license any content you upload, and that your content does not infringe any third-party rights.
8.3 Prohibited Content
You may not upload content that is illegal, obscene, defamatory, threatening, discriminatory, or that infringes third-party intellectual property rights. We reserve the right to reject or cancel any order containing prohibited content, with no refund.
9. Refund And Return Policy
Our Refund and Return Policy, available separately on our website, governs all refunds and returns. By placing an order, you agree to the terms of that policy. We encourage you to review it before ordering.
10. Privacy Policy
Our Privacy Policy, available separately on our website, governs our collection and use of your personal information. By using our website or placing an order, you consent to our Privacy Policy.
11. Limitation Of Liability
11.1 Maximum Liability
To the maximum extent permitted by law, NGUYEN PHUONG DONG LLC’s total liability to you for any claims arising from or related to these Terms, your use of our website, or your purchase of Products shall not exceed the total amount you paid for the specific Product giving rise to the claim.
11.2 Exclusion Of Consequential Damages
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, business interruption, or reputational harm, even if we were advised of the possibility of such damages.
11.3 Exceptions
Nothing in this Section limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited by applicable law.
12. Disclaimer Of Warranties
12.1 As-Is Basis
Except as expressly stated in these Terms or our Refund and Return Policy, our website and Products are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our website or the Products.
12.2 Implied Warranties
To the maximum extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
12.3 Jurisdictional Variations
Some jurisdictions do not allow limitations on implied warranties, so some of the above limitations may not apply to you. In such jurisdictions, our warranties are limited to the minimum extent required by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless NGUYEN PHUONG DONG LLC, its owners, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
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Your use of our website
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Your violation of these Terms
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Your violation of any third-party rights, including intellectual property rights
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Any content you upload for customization
14. Prohibited Conduct
While using our website, you agree not to:
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Violate any applicable laws or regulations
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Infringe our intellectual property or the intellectual property of others
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Upload viruses, malware, or other harmful code
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Attempt to gain unauthorized access to our systems
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Interfere with the proper functioning of our website
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Use robots, scrapers, or automated tools to access our website without our permission
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Harass, abuse, or threaten any person
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Impersonate any person or entity
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Submit false or misleading information
Violation of this Section may result in immediate termination of your access to our website and legal action.
15. Termination
We reserve the right to terminate your access to our website and cancel any pending orders if you violate these Terms. Termination does not relieve you of obligations under these Terms, including payment obligations for completed orders.
16. Governing Law And Dispute Resolution
16.1 Governing Law
These Terms and any dispute arising from or related to them shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law principles.
16.2 Dispute Resolution
Any dispute arising from or related to these Terms or your purchase of Products shall first be attempted to be resolved through good-faith negotiation between the parties. If negotiation fails, the dispute shall be submitted to binding arbitration in Albuquerque, New Mexico, in accordance with the rules of the American Arbitration Association.
16.3 No Class Actions
You agree to resolve disputes on an individual basis and waive any right to participate in class actions, class arbitrations, or representative actions.
17. Modifications To Terms
We reserve the right to modify these Terms at any time. Changes become effective when posted on our website. Your continued use of our website after changes are posted constitutes your acceptance of the modified Terms. The version of these Terms in effect at the time you place an order governs that order.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
19. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Waivers must be in writing and signed by an authorized representative of NGUYEN PHUONG DONG.
20. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Refund and Return Policy, constitute the entire agreement between you and NGUYEN PHUONG DONG regarding your use of our website and purchase of Products. Any prior agreements, understandings, or representations not contained in these documents are superseded.
21. Contact Information
For questions about these Terms and Conditions, please contact us:
Email: npdong2001@gmail.com
Phone: +84981508397
Mail: NGUYEN PHUONG DONG LLC, 1209 MOUNTAIN ROAD PL NE STE R, ALBUQUERQUE, NM 87110, UNITED STATES
22. Acknowledgment
By using our website or placing an order, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them.
