- About Us
- Account Management
- Ballard Designs Credit Card
- Catalog/Email Subscriptions
- Contact Us
- Design Solutions
- Design Trade Program
- Gift Registry
- Gift Services
- International Customer Service
- Order Information
- Popular Questions
- Product Information
- Promotions Policies
- Retail Information
- Return Exchanges Policy
- Ship to Store Program
- Shipping Information
- Wish List
Welcome to Ballard Designs. Ballard Designs provides website and other electronic services subject to the conditions set out below ("Conditions"). By using and shopping via Ballard Designs' website(s), Ballard Designs' mobile services, Ballard Designs' telephone ordering and interactive voice response services, Ballard Designs' software applications that you download, and other websites and existing or future services that expressly incorporate these Conditions ("Ballard Designs Services"), you accept these Conditions. In some instances, a particular Ballard Designs Service or a product purchased through the Ballard Designs Services may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.
Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Ballard Designs Services.
Ballard Designs makes no representation that content included in any Ballard Designs Service is appropriate or available for use in locations other than in the United States, and access to the Ballard Designs Services from territories where their content is illegal is prohibited. Those who choose to access the Ballard Designs Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any Ballard Designs Service in violation of U.S. export laws and regulations.
Change of Terms
Ballard Designs may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Ballard Designs may give by any means, including, without limitation, by posting the revised Conditions on the Ballard Designs Services. You are responsible for reviewing the Ballard Designs Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the Ballard Designs Services after changes to these Conditions will constitute your acceptance of the revised terms.
Orders and Pricing
Ballard Designs reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Ballard Designs, and may be adjusted by Ballard Designs at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Copyright in the documents and material on the Ballard Designs Services is owned by or licensed to Ballard Designs. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the Ballard Designs Services are either the property of, or used with permission of, Ballard Designs. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the Ballard Designs Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the Ballard Designs Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Ballard Designs Services without the written permission of Ballard Designs or any third party that may own such trademarks or service marks. Ballard Designs will aggressively enforce its intellectual property rights to the fullest extent of the law.
For all of the content that you post or submit to the Ballard Designs Services, you grant Ballard Designs a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Ballard Designs and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Ballard Designs for all claims resulting from any content that you supply. Ballard Designs has the right but not the obligation to monitor any activity and to edit or remove any content. Ballard Designs takes no responsibility and assumes no liability for any content posted by you or by any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including Ballard Designs vendors, do not constitute sponsorship, endorsement, or approval by Ballard Designs of the content, policies, or practices of such linked sites or services. Ballard Designs is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
When you access or use the Ballard Designs Services, send e-mails to Ballard Designs, or receive electronic communications from Ballard Designs, you are, and consent to, communicating with Ballard Designs electronically. Ballard Designs may communicate with you by e-mail or by posting notices on one or more of the Ballard Designs Services. You agree that all notices, disclosures, agreements, policies, and other communications that Ballard Designs provides to you electronically satisfy any requirement that such communications be in writing.
The Ballard Designs Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from Ballard Designs, and access certain other features (collectively, the "Mobile Services"). Ballard Designs does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Ballard Designs, its parent companies, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Ballard Designs, its parent companies, or any of its corporate affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that Ballard Designs may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to Ballard Designs. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Ballard Designs intends to send to you are not sent to another person.
For Ballard Designs' "Mobile Alerts", you may unsubscribe at any time, and for any reason, by visiting the Mobile Alerts signup page on My Account and opting out of the Mobile Alerts you do not wish to receive, replying with the word STOP to your Ballard Designs Mobile Alert, contacting Customer Service at 800-536-7551, or by mailing a request to Ballard Designs Customer Service, 5566 West Chester Road, West Chester, OH 45069. We are always happy to answer your questions and listen to your comments.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIAL CONTAINED IN THE BALLARD DESIGNS SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, BALLARD DESIGNS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL'S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE BALLARD DESIGNS SERVICES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
BALLARD DESIGNS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE BALLARD DESIGNS SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT'S MANUFACTURER.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CERTAIN DAMAGES OR LIABILITIES. AS A RESULT, THE DISCLAIMERS AND LIMITATIONS REFERENCED ABOVE MAY NOT APPLY TO YOU.
Your Access to Ballard Designs Services
When you use the Ballard Designs Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the Ballard Designs Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. Ballard Designs sells products, including children's products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the Ballard Designs Services only with the involvement of a parent or guardian. Ballard Designs reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Ballard Designs Services. In the event that Ballard Designs denies you access to one or more Ballard Designs Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.
In accordance with the Digital Millennium Copyright Act ("DMCA"), Ballard Designs has designated an agent to receive notification of alleged copyright infringement occurring on the Ballard Designs Services:
DMCA Notification Agent
Attn: Legal Department
1 HSN Drive
St. Petersburg, Florida 33729
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For Ballard Designs to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Ballard Designs of an alleged copyright infringement, you should: Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single Ballard Designs Service are involved, please provide a representative list of such works on that Ballard Designs Service.
- Describe the material that is claimed to be infringing and provide sufficient information to permit Ballard Designs to locate that material.
- Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
- Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
- Certify that the information that you have provided Ballard Designs is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed. Include your physical or electronic signature.
Ballard Designs may not be able to act on your complaint promptly or at all if you do not provide this information.
These Conditions contain the entire understanding of you and Ballard Designs with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Ballard Designs with respect to the subject matter hereof. The failure of Ballard Designs at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Ballard Designs to thereafter enforce each and every provision of these Conditions. No waiver by Ballard Designs of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions. These Conditions will be governed by and construed in accordance with the internal laws of the State of Florida without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of Florida, Pinellas or Hillsborough County, or of the U.S. District Court for the Middle District of Florida, Tampa Division, and Ballard Designs and you consent to the personal jurisdiction and venue of such courts.
Last updated: May 25, 2016