Terms & Conditions

Effective Date: February 23, 2025

Tommy Designs ("we," "us," or "our") is owned and operated by Tommy Marcum. Our Services include custom-made graphic designs, apparel and product design, photo editing, e-learning courses, publishing services, digital downloads, AI prompt engineering, online community memberships, ghostwriting, and more. These Terms govern your use of our Site and Services and incorporate by reference our related policies (e.g., Privacy, Shipping, Return & Refund, and Digital Product Policies).
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein 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 contributors of content.

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For questions, please contact us at

Email: tommydesigns2024@gmail.com.

Owner: Tommy Marcum
DBA: Tommy Designs
Phone: +1 (205) 768-3013
Address: 3030 Brookside Rd, Brilliant, AL, 35548, USA

Table of Contents

1. Introduction & Acceptance of Terms

2. Privacy Policy

3. SMS and Email Marketing Policy

4. Booking and Services

5. Products and Shipping

6. Returns and Refunds

7. Intellectual Property

8. User Responsibilities

9. Prohibited Activities

10. Accessibility Policy

11. Third-Party Services

12. Disclaimer of Warranties

13. Indemnification

14. Limitation of Liability

15. Force Majeure

16. Changes to Terms

17. Dispute Resolution

18. Severability and Entire Agreement

19. Governing Law and Assignment

20. Contact Information

 
1. Introduction & Acceptance to Terms.
Tommy Designs ("we," "us," or "our") is owned and operated by Tommy Marcum. Our Services include custom-made graphic designs, apparel and product design, photo editing, e-learning courses, publishing services, digital downloads, AI prompt engineering, online community memberships, ghostwriting, and more. These Terms govern your use of our Site and Services and incorporate by reference our related policies (e.g., Privacy, Shipping, Return & Refund, and Digital Product Policies). By visiting our Site, purchasing products or services, or otherwise engaging with Tommy Designs, you confirm that you have read, understood, and agree to these Terms. You further affirm that you are at least 18 years of age or, if under 18, have obtained parental or legal guardian consent.

 
2. Privacy Policy
Your personal information is handled according to our Privacy Policy, which details our data collection, usage, and sharing practices, including disclosures to third-party service providers (such as payment processors, Printful, PrintKK, and AliveShoes).
 
3. SMS and Email Marketing Policy
By subscribing to our SMS or email lists, you consent to receive promotional offers, product updates, and transactional notifications. You may opt out at any time by following the unsubscribe instructions provided. We comply with the TCPA and CAN-SPAM Act.
 
4. Booking and Services

• Booking Process:
  To request a custom design or service, complete our Quote Request Form. Quotes are valid for 30 days and must be confirmed in writing to proceed.

• Service Tiers & Pricing:
  We offer various tiers for design and editing services (detailed pricing is provided on our Site). Full payment is required upfront, and work will not commence until payment is received.

• Revisions and Refunds:
  One revision is included for up to six months after project completion. Refunds may be available under limited conditions (e.g., within 48 hours if no work has commenced). No refunds are available once work has started.

 
5. Products and Shipping

• Order Fulfillment:
  Custom orders typically take 2–5 business days to produce, with shipping times of 3–4 business days within the U.S. Orders are limited to domestic addresses (no PO Boxes).

• Delivery Issues:
  In cases of lost packages or undelivered items, please contact us immediately. We are not responsible for packages marked as delivered but not received.

• For further details, please refer to our dedicated Shipping Policy.

 
6. Returns and Refunds
Due to the custom nature of our products, all sales are final unless items are defective or damaged during shipping.

• Reporting Issues:
  Contact us at tommydesigns2024@gmail.com within 30 days of delivery with your order number, detailed issue description, and supporting photos.

• Review and Resolution:
  Claims will be reviewed within 2–3 business days. Approved claims will result in a replacement or refund (processed within 5–10 business days).

• Custom-designed shoes (in collaboration with AliveShoes) follow a separate, free returns process for defective items. See our full Return & Refund Policy for more information.

 
7. Intellectual Property
All designs, content, and materials on our Site remain the property of Tommy Designs until full payment is received. Unauthorized reproduction, distribution, or resale is strictly prohibited. By submitting your own materials (e.g., logos or graphics) for custom services, you represent that you own or have the rights to use such materials.
 
8. User Responsibilities
By using our Site, you agree to:

• Provide accurate, current, and complete information.

• Comply with these Terms and all applicable laws.

• Use our Services solely for lawful purposes.

• Ensure that any content or materials you submit are either your own or used with proper permission. Failure to adhere to these responsibilities may result in restricted access or termination of your account.

 
9. Prohibited Activities
You are expressly prohibited from:

• Engaging in unlawful activities or violating any U.S. or international laws.

• Infringing on intellectual property rights.

• Uploading or transmitting viruses, malware, or harmful code.

• Disrupting the security or functionality of our Site or services.

• Impersonating Tommy Designs or misrepresenting your affiliation. Violations may result in immediate termination of access and potential legal action.

 
10. Accessibility Policy
We are committed to providing an accessible online experience and strive to meet WCAG 2.1 Level AA standards. If you experience any accessibility issues, please contact us at tommydesigns2024@gmail.com or call +1 (205) 768-3013.
 
11. Third-Party Services
Tommy Designs integrates with third-party service providers for website hosting, e-commerce functionality, order fulfillment, and payment processing. These include:

• Wix: For website hosting and eCommerce platform functionality.

• Printful, PrintKK, and AliveShoes: For order fulfillment and shipping.

• Payment Processors: Such as Wix Payments and other gateways. While we strive to use reputable providers, we are not responsible for their errors or disruptions. Please review their respective terms and privacy policies.

 
12. Disclaimer of Warranties
Our Site and Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Tommy Designs disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our Services will meet your expectations or be error-free.
 
13. Indemnification
You agree to indemnify, defend, and hold harmless Tommy Designs, its owners, employees, agents, affiliates, and suppliers from any claims, damages, liabilities, losses, costs, or expenses (including attorneys' fees) arising out of or related to your use of our Site, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.
 
14. Limitation of Liability
To the fullest extent permitted by law, Tommy Designs shall not be liable for any:

• Direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use our Site or Services.

• Loss of profits, data, or business opportunities.

• Claims arising from third-party services or user errors. In no event shall our total liability exceed the amount you paid for the product or service in question.

 
15. Force Majeure
Tommy Designs shall not be liable for any delays or failures in performance resulting from circumstances beyond our reasonable control, including, but not limited to, acts of God, natural disasters, wars, terrorism, labor disputes, or technical failures.
 
16. Changes to Terms
Tommy Designs reserves the right to modify or update these Terms at any time without prior notice. All changes will be effective immediately upon posting on our Site. Your continued use of the Site after changes constitutes your acceptance of the updated Terms.
 
17. Dispute Resolution

• Negotiation: We encourage you to contact us at tommydesigns2024@gmail.com to resolve any disputes informally.

• Arbitration: If unresolved, disputes shall be settled by binding arbitration under the rules of the American Arbitration Association.

• Governing Law: These Terms are governed by the laws of the United States and the State of Alabama.

• Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits, subject to applicable consumer protection laws.

 
18. Severability and Entire Agreement
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. These Terms constitute the entire agreement between you and Tommy Designs regarding your use of our Site and Services and supersede all prior agreements or understandings.
 
19. Governing Law and Assignment
These Terms are governed by the laws of the State of Alabama and the United States. You may not assign or transfer these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.
 
20. Contact Information
For any questions or concerns regarding these Terms of Use, please contact us at:

• Email: tommydesigns2024@gmail.com

• Phone: +1 (205) 768-3013

• Address: 3030 Brookside Rd, Brilliant, AL 35548, USA

• Owner: Tommy Marcum

 
By accessing and using our Site and Services, you agree to abide by these Terms of Use and all related policies. Thank you for choosing Tommy Designs.