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Products Terms & Conditions

PRIVACY POLICY

For us to keep up to speed with what you need as a user, we will collect information from you when you register on our website, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. Your information helps us make our website a pretty great place to visit.

 

When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. Guess why that is? We need our money, and you need your product, and we can’t get it to you without us asking that info. See, we’re not that bad! Then again, you may visit our site anonymously at any time and not participate at all in anything, but how boring is that? It is your choice.

 

We also collect information about gift recipients so that we can fulfill the gift purchase. Same deal as above – if we don’t collect their info, they can’t get your gift! The information we collect about gift recipients is not used for marketing purposes.

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Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please note: we will never ask for personal details via email.

 

TERMS AND CONDITIONS OF USE

 

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under International copyright laws, and is our intellectual property. The collective work includes works that are licensed to us. ALL RIGHTS RESERVED.

 

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with us or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with us or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

 

TRADEMARKS

All trademarks, service marks and trade names used on the site are our trademarks or registered trademarks.

 

WARRANTY DISCLAIMER

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. We do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some places do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

LIMITATION OF LIABILITY

We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, any browser based accessible and/-or downloadable materials including standalone software applications on this site or the performance of the products, even if we have been advised of the possibility of such damages. We are not responsible for individual interpretation of content/product on the site, nor is it responsible for actions taken by any individual or group as a result of use or interpretation of content/product on this site.

 

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.

 

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

    •    Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

    •    Any loss of goodwill or reputation; or

    •    Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

    •    Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

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In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.

 

We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor color contrasts etc, we cannot be held responsible or liable for any differences in color between the image and the actual product. The products sold are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from us. We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.

 

We shall have no liability to you for any delay or non-delivery in the shipping of products ordered or any other matters to the extent that the delay or non-delivery is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. You hereby acknowledge and understand that all products are on a pre-order basis, and may take up to 8 weeks to process, not including shipping time. Shipping time is based on which method you've selected once it leaves our location.

 

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

 

PARTICIPATION DISCLAIMER

 

TYPOGRAPHICAL ERRORS

In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, We shall issue a credit to your credit card account in the amount of the incorrect price.

 

TERM : TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by us without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

NOTICE

We may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to us.

 

MISCELLANEOUS

Your use of this site shall be governed in all respects by International laws by the 1980 U.N. Convention on contracts for the international sale of goods : http://www.uncitral.org/pdf/english/texts/sales/cisg/CISG.pdf

 

You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of our products) shall be Orange County, in the state of Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of our products) must be commenced within one (1) month after the claim or cause of action arises.

 

Our failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including our or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

 

We do not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, we reserve the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless, our officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

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