Website Terms and Conditions
Paint Your Dreams, LLC (the “Company” “We,” “us,” or “our”) a Kentucky limited liability company, owns the website available at dreamatolleperry.com (the “Website’). The following terms and conditions govern use of this website, and we regard you accept these Terms and Conditions in full when using this Website. Every agreement or undertaking by the Company is expressly conditioned on your assent to these Terms and Conditions. If you disagree with these Terms and Conditions, or any part herein, you must not use this Website.
INTELLECTUAL PROPERTY RIGHTS
You agree that the Website contains proprietary information and material that is owned by the Company and/or its licensors and affiliates (the “Content”), and is protected from unauthorized copying and dissemination by United States and foreign copyright law, trademark law, international conventions, and other intellectual property law. The Content may not be modified or altered in any way. For permission to use the Content of this Website in any other way, Please Contact Us Here.
The Company cannot guarantee that the Content of this Website has not been affected by technical malfunctions or unauthorized tampering. The Content is subject to change without notice, and the Company may alter or delete Content at any time. The Website may become unavailable due to maintenance or malfunction of compute equipment or other reasons. Content may only be used for non-commercial, personal informational purposes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT RESULT FROM ACCESS TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE CONTENT CONTAINED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SALES AND PURCHASES
The Website contains a Shop that offers certain products for sale directly to you, subject to the following Terms of Purchase.
Order Acceptance and Cancellation
You agree that your order is an offer to buy all products listed in your order. The Company must accept your order, or we will not be obligated to sell you the product(s). The Company may choose to not accept an order of any kind in our sole discretion. After receiving your order, the Company will send you a confirmation email that details the items you have ordered. Acceptance of your order will occur when you receive your confirmation email. You may cancel your order at any time before we send your order confirmation email, or by calling the Company at 859.699.4908 or emailing us at firstname.lastname@example.org.
Prices and Payment Terms
All prices posted on the Website are subject to change without notice. The price charged for a product is the price in effect at the time your order is placed, and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your order confirmation email. Terms of payment are in the Company’s sole discretion, and unless otherwise provided in writing, payment must be received before acceptance of any order.
The Company offers a 100% money back guarantee for a period of fifteen (15) days from receipt of any purchase for products returned in their original condition. Any item that not in its original condition, is damaged or missing parts for reasons not due to our error may be entitled to a partial refund in our sole discretion. To return products you must call 859.699.4908 or email the Company at email@example.com. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Website.
No Warranties, Express or Implied
TO THE EXTENT PERMITTED BY LAW, WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE REFUND PERIOD OF FIFTEEN (15) DAYS DESCRIBED ABOVE. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT WITH A FUNCTIONALLY EQUIVALENT NEW PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY AND THIS WARRANTY DO NOT EXTEND TO ANY ITEMS STORED OR CARRIED INSIDE OUR PRODUCTS. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OF OUR OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY RELATED SOLELY TO OUR PRODUCTS. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
Link to Third Party Websites
The Terms of Purchase only apply to this Website. The Company may provide links to third party websites as a convenience to you. The Company is not responsible for the content of any linked websites. Any outside website accessed from this Website is independent from the Company, and we have no control over the content of third-party websites. Additionally, a link to a third-party website does not imply that the Company endorses or accepts any responsibility or assumes any liability for the content or use of such a website. Your linking to any third-party website is at your own risk, and you are responsible for learning about and complying with all terms and conditions posted on any third-party website.
OTHER TERMS AND CONDITIONS
Governing Law These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky without regard to Kentucky’s conflict of law principles.
Binding Effect The Terms and Conditions shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties.
Termination If you fail, or the Company suspects that you have failed, to comply with any of the provisions of the Terms and Conditions, the Company, in its sole discretion and without notice to you, may terminate the Terms and Conditions. Your obligations to the Company under the Terms and Conditions will survive expiration or termination of the Terms and Conditions for any reason.
Changes The Company reserves the right at any time to modify the Terms and Conditions and to impose new or additional terms or conditions on your use of the Website. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms and Conditions. Your continued use of the Website will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s website or you may be notified by either e-mail or postal mail.
Entire Agreement The Terms and Conditions are absolute and unconditional and constitute the full, complete and entire understanding and agreement between you and the Company with respect to the subject matter hereof. By using the Website, you acknowledge and affirm that you are not doing so in reliance upon any promises, representations, statements, warranties, covenants or undertakings not contained within the Terms and Conditions. Any ambiguities in the Terms and Conditions shall not be construed against the Company.
Waiver No failure to exercise and no delay in exercising any right, remedy, or power under the Terms of Purchase shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under the Terms and Conditions preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity.
Severability If for any reason any provision of the Terms and Conditions is determined to be invalid or unenforceable, that provision shall be deemed modified to whatever extent necessary to render it enforceable, and if any Court declines to so modify the provision, then the remaining provisions of the Terms and Conditions nevertheless shall be construed, performed, and enforced as if the invalidated or unenforceable provision had not been included in the text of the Terms and Conditions.
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