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Terms of Service March 23, 2005
Certain Defined Terms
The above link reflects defined terms that may appear in these Terms of Service.
TERMS OF SERVICE
This Terms of Service is a legal agreement between you hereafter known as BUYER and ELEGANT WEDDING ACCESSORIES, http://www.homestead.com/elegantweddingaccessorie.com or http://www.elegantweddingaccessories.biz, hereafter known as SELLER and any of SELLER's representatives that governs your access to and use of SELLER's on-line Checkout system, as a purchaser of merchandise, goods, or services. Please review this entire Terms of Service before you decide whether to accept it and continue with the purchase process.
BY CLICKING ON THE "AGREE AND/OR CONTINUE" BUTTON ON THE CHECKOUT OR CART PAGE OR COMPLETING THE LAY-AWAY AGREEMENT FORM, YOU(BUYER) AGREE TO BE BOUND BY THIS TERMS OF SERVICE.
Limitations on the Use of Service
We may establish general practices and limits concerning use
of the Service, including without limitation individual or
aggregate transaction limits on the dollar amount or number
of Purchase Transactions during any specified time period(s).
We reserve the right to change, suspend or discontinue any
aspect of the Service at any time, including hours of
operation or availability of the Service or any Service
feature, without notice and without liability. We also
reserve the right to impose limits on certain Service
features or restrict access to parts or all of the Service
without notice and without liability. We may decline to
process any Purchase Transaction without prior notice to Buyer.
We do not warrant that the functions contained in the Service
will be uninterrupted or error free, and we shall not be
responsible for any service interruptions (including, but not
limited to, power outages, system failures or other
interruptions that may affect the receipt, processing,
acceptance, completion or settlement of Purchase Transactions
or the Service).
We may limit or suspend your use of the Service at any
time, in our sole and absolute discretion. If we suspend your
use of the Service, we will attempt to notify you by
electronic mail. Suspension of your use of the Service will
not affect your rights and obligations pursuant to this Terms
of Service arising before or after such suspension.
Username and Password Information
If you register to use this Service You are responsible for: 1) maintaining the confidentiality
of your username and password, 2) any and all transactions by
persons that you give access to or that otherwise use such
username or password, and 3) any and all consequences of use
or misuse of your username and password. You agree to notify
us immediately of any unauthorized use of your username or
password or any other breach of security regarding the
Service of which you have knowledge.
If Buyer is a business entity, Buyer agrees that all
officers, employees, agents, representatives and others
having access to the username and/or password shall be vested
by Buyer with the authority to use the Service and legally
bind Buyer. Buyer shall be responsible for all actions by
current and former officers, employees, agents,
representatives and others, regardless of whether authorized
by Buyer, that access the Service using Buyer’s user
name and password.
Privacy
You understand and agree that personal information provided
to us in connection with the Service is subject to the
Service’s Privacy
Policy.
Use of Electronic Communications
You agree that We may communicate with you regarding any notifications or the Service by means of
electronic communications, including (a) sending electronic
mail to the email address you provided during registration, in corresponding with Seller,
or (b) posting notices, questions, testimonials, inquiries or communications on the Web
Site.
You should maintain copies of electronic communications by
printing a paper copy or saving an electronic copy.
Electronic communications shall be deemed received by you
when we send the electronic communication to the email
address you provided or as
revised by you thereafter in accordance with this Terms of
Service, or when we post the electronic communication on
the Web Site.
For those communications or records that we are otherwise
required under applicable law to provide in a written paper
form to you, you agree that we may provide such
communications or records by means of electronic
communications. The following additional terms will apply to
such electronic communications: (a) you may contact us at:Customer Service to request another electronic copy of the electronic
communication or receipt without a fee; (b) you may request a paper copy
of such an electronic communication, and we reserve the right
to charge a fee to provide such paper copy; (c) you may
contact us through the contact page to update your
registration information used for electronic communications
or to withdraw consent to receive electronic communications.
No Endorsement of Products
Elegant Wedding Accessories or its representatives does not represent or endorse, and shall not be
responsible for: (a) the safety, quality, accuracy,
reliability, integrity or legality of any Product, accuracy of the description of Products, or of any advice, suggestion, opinion, offer, proposal, statement, data or other
information (collectively, “Content”) displayed
or distributed, purchased or paid through the Web Site; or (b) the ability of Buyers to buy
Products. Elegant Wedding Accessories or its representatives hereby disclaims
any liability or responsibility for errors or omissions in
any Content or in the Service. Elegant Wedding Accessories or its representatives reserves the right, but
shall have no responsibility, to edit, modify, refuse to post
or remove any Content, in whole or in part, that in
Elegant Wedding Accessories or its representatives ’s sole and absolute discretion is objectionable,
erroneous, illegal, fraudulent or otherwise in violation of
this Terms of Service.
Indemnification
You agree to indemnify, defend and hold harmless Elegant Wedding Accessories or its representatives,
and their, subsidiaries and other affiliates, and its and
their directors, officers, owners, agents, co-branders or
other partners, employees, information providers, licensors,
licensees, consultants, contractors and other applicable
third parties from and against any and all claims, demands, causes of
action, debt or liability, including reasonable attorneys
fees, including without limitation attorneys fees and costs
incurred by the Indemnified Parties arising out of, related
to, or which may arise from: (i) your use of the Service;
(ii) any breach or non-compliance by you of any term of this
Terms of Service or any of Elegant Wedding Accessories or its representatives' policies; (iii) any
dispute or litigation caused by your actions or omissions; or
(iv) your negligence or violation or alleged violation of any
law or rights of a third party.
Warranty or Guarantee of Products
SELLER
does not provide any warranty or guarantee any product/item, EITHER EXPRESSED OR IMPLIED, related to products sold through Elegant Wedding Accessories or any of its representatives. Merchandise offered for sale by SELLER
is purchased from quality merchandising companies and or obtained through legal vendor purchases. No merchandise is knowingly misrepresented and no written description provided has been knowingly misrepresented.
"Vintage" items are not guaranteed nor do they have any warranties. The terminology "vintage or used" may be found in descriptions of items sold by SELLER. "Vintage or used" items typically will show some wear and tear, be antique or not considered new. Information provided as a description may have been acquired by various individuals such as family from estate sales and representatives of antique stores. Representatives of Elegant Wedding Accessories are not experts in "Vintage or used" items and will revise a description if a correction has been deemed necessary or relevant. Purchase of these items from SELLER
are being purchased as-is.
Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN
CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS
PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
ELEGANT WEDDING ACCESSORIES or its representatives, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND
THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY,
" ELEGANT WEDDING ACCESSORIES or its representatives PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY
KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE
USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE SERVICE. EACH ELEGANT WEDDING ACCESSORIES or its representative DISCLAIMS
WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO
THE SERVICE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ELEGANT WEDDING ACCESSORIES OR its representatives DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ELEGANT WEDDING ACCESSORIES or its representative PARTY SHALL NOT BE RESPONSIBLE FOR ANY
SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM
FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT,
PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT
TRANSACTIONS OR THE SERVICE.
Limitations of Liability; Force Majeure
The following limitations of liability apply to the entire content of this web site and ANY AND ALL products offered for sale by
SELLER.
SELLER
is/are not liable for any claims or damages whatsoever including property damage or personal damage, personal or for any special, consequential or incidental damages, however caused. All products sold/shipped by
SELLER
and/or any of its representatives, are sold "As-Is". BUYER
assumes all responsibility for any order or product purchased/placed in lay-away/shipped by/from SELLER
. BUYER assumes all responsibility for the use of any product purchased from SELLER.
IN NO EVENT SHALL ELEGANT WEDDING ACCESSORIES or its representative PARTY BE RESPONSIBLE OR LIABLE TO
BUYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY,
DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE
LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY ELEGANT WEDDING ACCESSORIES or its representative PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ELEGANT WEDDING ACCESSORIES or its representative PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL ELEGANT WEDDING ACCESSORIES or its representative
PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR
RELATING TO THIS AGREEMENT EXCEED THE NET FEES ELEGANT WEDDING ACCESSORIES or its representatives HAS
ACTUALLY RECEIVED AND RETAINED FROM THE BUYER’S VALID
PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD
IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Each party
acknowledges that the other party has entered into this Terms
of Service relying on the limitations of liability stated
herein and that those limitations are an essential basis of
the bargain between the parties. In addition to and without
limiting any of the foregoing, no Elegant Wedding Accessories or its representative Party shall have any
liability for any failure or delay resulting from any
condition beyond the reasonable control of such party,
including but not limited to governmental action or acts of
terrorism, earthquake, fire, flood or other acts of God,
labor conditions, power failures and Internet
disturbances, weather conditions, shippers errors, shipping delays.
Jurisdiction; Governing Law
This Terms of Service shall be governed by the laws of
Texas and applicable federal United States laws. Each party
agrees to submit to personal and exclusive jurisdiction of
the courts located in Hood County, Texas.
Notice
In addition to the electronic communications authorized under
the Section entitled, “Use of Electronic
Communications”, statements, notices and other
communications to Buyer may be made by mail, email, postings
on the Web Site or other reasonable means.
Modification of Terms of Service for
Buyers
We have the right, in our sole and absolute discretion, to
change, modify, or amend any portion of this Terms of Service
at any time by posting notification on the Web Site or
otherwise communicating the notification to you. The changes
will become effective, and shall be deemed accepted by you,
after the initial posting and shall apply on a going-forward
basis with respect to Purchase Transactions initiated after
the posting date. In the event that you do not agree with any
such modification, your sole and exclusive remedy is to
terminate or not use the Web Site.
Assignment
You may not assign this Terms of Service or any rights or
obligations hereunder, by operation of law or otherwise,
without our prior written approval and any such attempted
assignment shall be void. We reserve the right to freely
assign this Terms of Service and the rights and obligations
hereunder, to any third party without notice or consent.
Subject to the foregoing, this Terms of Service shall be
binding upon and inure to the benefit of the parties hereto,
their successors and permitted assigns.
Other Provisions
The failure of ELEGANT WEDDING ACCESSORIES to exercise or enforce any right or
provision of the Terms of Service shall not constitute a
waiver of such right or provision. If any provision of this
Terms of Service shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent
necessary so that this Terms of Service shall otherwise
remain in full force and effect and remain enforceable
between the parties. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope
or extent of such section. This Terms of Service, including
Elegant Wedding Accessories' policies governing the Service referenced herein,
constitutes the entire agreement between Elegant Wedding Accessories and Buyer with
respect to Buyer’s use of the Service. This Terms of
Service is not intended and shall not be construed to create
any rights or remedies in any parties other than Buyer and
Elegant Wedding Accessories and other Elegant Wedding Accessories affiliates which each shall be a
third party beneficiary of this Terms of Service for Buyers,
and no other person shall assert any rights as a third party
beneficiary hereunder.
Use of Any Item Purchased from Elegant Wedding Accessories
Suggested uses of products purchased from Elegant Wedding Accessories or any of its representatives are just that, suggestions.
SELLER does not accept responsibility for any damage, mishap or destruction that may occur from the use of items purchased through SELLER.
BUYER
assumes all responsibility for use of item(s) and any mishap related to that use once it leaves the possession of
SELLER.
Acknowledgement of Policies Procedures
By purchasing an item from Elegant Wedding Accessories by either placing an order through the web store, placing items in lay-away or completing the purchase through payment, BUYER is agreeing that he/she has read and agrees to all terms, conditions and information detailed within the Policies and Procedures page and Frequently Asked Questions information as it relates to
SELLER
and any of its representatives. BUYER has full responsibility of reading all policies and procedures or requesting clarification on any or all information provided within this e-commerce web store prior to making/completing a purchase.
Orders Reported as Non-Delivered by Buyer
SELLER
will not be held responsible for packages shipped by the United States Postal Service (hereafter known as USPS) or United Parcel Service (hereafter known as UPS), reflected and tracked by USPS or UPS as delivered to the requested "Ship To" address but reported as non-delivered by the BUYER or individual located at the "Ship To" address. All orders are insured through USPS or UPS which covers loss of package or damage of the package/order. BUYER is responsible for contacting the correct carrier and completing the necessary forms required by either USPS or UPS to file an insurance claim for the loss of the order within the required time specified by USPS or UPS.BUYER is responsible for all communication with the responsible shipping carrier and for providing all necessary documentation required to complete the insurance claim process. SELLER will not be held responsible and no refund issued for any order that is reported non-delivered but the BUYER refuses to follow the proper procedures set out by the shipping carrier to file a insurance claim. SELLER will not be held responsible and no refund issued for any order where a claim is made through USPS or UPS for damage or non-delivery by the BUYER but the claim was denied by USPS or UPS or the BUYER did not initiate or complete the insurance claim process within the required timeframe as specified by USPS or UPS. SELLER will not be held responsible for issuing a refund to BUYER for any order reported as non-delivered or lost. No refunds are issued for claims of non-delivery, no exceptions. BUYER is fully responsible for contacting the shipping carrier, providing required and adequate documentation and complying with the proper authorities to ensure the successful processing of the claim.
Refused Orders
SELLER
will not be held responsible for packages shipped and refused by the BUYER or not picked up from the shipping service once notified that the package is awaiting pickup. If BUYER refuses shipment and it is returned to SELLER
without prior approval from SELLER
for a refund/exchange the order will be accepted as a gift to SELLER
and no refund/exchange will be given. If BUYER
does not reimburse
SELLER
for all fees due
BUYER will be reported to the appropriate credit reporting agencies and legal authorities anytime after two weeks from the original date of the purchase.
Fraud or Non-payment of Purchase
SELLER will aggressively prosecute anyone attempting fraud in purchases items from Elegant Wedding Accessories, also known as www.elegantweddingaccessory.com or elegantweddingaccessory, store or any attempt in fraud in making payments to SELLER or any of it's representatives. SELLER will use all means available to prosecute persons attempting fraud. SELLER will notify the appropriate legal authorities of anyone attempting fraud in making purchases from our store or anyone who purchases items and does not pay for the item(s) after receiving 1 invoice for payment or any unauthorized or illegal use of this web site.
Authorization to Verify Payment
If
BUYER renders payment using personal check, U.S. Postal Money Orders or PayPal,
BUYER
authorizes
SELLER to confirm that
BUYER's Payment Instrument is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Payment Instrument, in accordance with the relevant bank or appropriate service rules.
Taxes
Elegant Wedding Accessories meets all requirements by Federal, State, County & City taxing authorities.
Prices
Prices of items offered for sale or auction and any and all additional fees are set by Elegant Wedding Accessories and are subject to change without notice. Shipping and insurance charges preset by the United States Postal Services and/or UPS. Those prices may vary/change based on USPS and/or UPS requirements.
If you have any questions regarding any of the above conditions, please contact us.
By registering as a customer, using the Cart to initiate a purchase, issuing payment via electronic means such as PayPal or submitting payment through the mail, submitting the Lay-Away Agreement Form,
BUYER is agreeing to this
Terms of Service for
BUYER, and represent that you are:
- 18 years old or older; and
- capable of entering into a legally binding
agreement;
- knowingly used SELLER's e-commerce store to initiate a purchase or lay-away;
- accept responsibility for any purchase or lay-away request submitted to
SELLER
.
If you are a business entity, you also represent that you
are:
- duly authorized to do business in the country or countries where you operate.
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