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online contract
by using this site,
you agree...
The following is the terms of the
agreement between Pretty in the City, Inc. ("Company") and the buyer
("Buyer") of goods or services through the Company's Web site (the "Site").
If you do not agree to these terms, you will not be able to purchase
anything, so please review these terms carefully:
1. Introduction: Buyer agrees to the terms
and conditions outlined in this Online Contract ("Contract") with respect to
the goods, services and information provided by or through the Site. This
Contract constitutes the entire and only agreement between the Company and
Buyer, and supersedes any and all prior or contemporaneous agreements,
representations, warranties, and understandings with respect to the goods,
services and information provided by or through the Site, and the subject
matter of this Contract. Buyer agrees to review this Contract prior to
purchasing anything and purchase of a good or service shall be deemed
acceptance of this Contract.
2. Setup and Payment: Buyer represents and
warrants that (i) the credit card information supplied is true, correct and
complete and (ii) charges incurred by the Buyer will be honored by the
Buyer's credit card company and (iii) Buyer shall pay charges incurred by
Buyer at the amounts in effect at the time incurred, including all
applicable taxes. Buyer shall be responsible for all charges incurred
through use of Buyer's password. Buyer agrees to keep his or her password
confidential and to notify Company within 24 hours of any breach of this
Contract or unauthorized use of the password. Company does not protect Buyer
from unauthorized use of Buyer's password.
3. Copyright: The content, organization, gathering, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks, and other proprietary (including but not
limited to intellectual property) rights, and, the copying, redistribution,
use or publication by a Buyer of any such content or any part of the Site is
prohibited.
4. Editing, Deleting, and
Modification: Company reserves the right in its sole discretion to edit or delete any
information or content appearing on the Site and to remove any goods and
services for sale. Upon notice published over the Service, Company may
modify this Contract, or prices, and may discontinue or revise any or all
aspects of the Site in its sole discretion and without prior notice.
Modification of this Contract will be deemed effective upon publication on
the Site with respect to transactions occurring after said date.
5. Right to Refuse: Company reserves the right in its sole discretion to refuse service at any
time. Sale of any goods or services is subject to availability.
6. Indemnification: Buyer agrees to indemnify, defend and hold Company and its affiliates,
licensors and suppliers harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to a Buyer's
violation of this Contract or use of the Site.
7. Non-Transferable: Buyer's right to use the
Service is not transferable and is subject to any limits established by
Company or by Buyer's credit card company.
8. Disclaimer: The service, content, goods and services from or through the service are
provided "as-is," "as-available," and all warranties, express or implied,
are disclaimed (including but not limited to the disclaimer of any implied
warranties of merchantability and fitness for a particular purpose).
The sole and entire maximum liability of company, for any reason, and buyers
sole and exclusive remedy for any cause whatsoever, shall be limited to the
amount paid by the customer for the particular items purchased.
Company and any of its affiliates, dealers or suppliers are not liable for
any indirect, special, incidental, or consequential damages (including
damages for loss of business, loss of profits, litigation, or the like),
whether based on breach of contract, breach of warranty, tort (including
negligence), product liability, or otherwise, even if advised of the
possibility of such damages. The limitations of damages set forth
above are fundamental elements of the basis of the bargain between company
and buyer. This site and goods and services would not be provided
without such limitations. Some state statutes may apply regarding
limitation of liability.
9. Refund Policy: If a
product purchased is defective or not to Buyer's satisfaction, Buyer can
return the product in its original condition within 14 days of receipt, to
the following address: Pretty in the City, Inc., Attn: Returns, 160 Smith
St., #4R,
Brooklyn, NY, 11201. In such event, Company shall provide Buyer a credit for
other purchases from the Site (less shipping and handling charges incurred).
This Section 9 sets forth Buyer's sole and exclusive right to refund.
10. Use of Information: Company reserves the
right, and Buyer authorizes Company, to the use and assignment of all
information regarding Buyer's use of the Site and all information provided
by Buyer, subject to applicable law.
11. Miscellaneous: This Contract shall be
treated as though it were executed and performed in Brooklyn, NY, and shall
be governed by and construed in accordance with the laws of the United
States of America and of the State of New York (without regard to conflict
of law principles). Any cause of action of Buyer with respect to the Site
must be instituted within six (6) months after any purchase or be forever
waived and barred. All actions shall be subject to the limitations set forth
in Section 8. The language in this Contract shall be interpreted as to its
fair meaning and not strictly for or against any party. All legal
proceedings arising out of or in connection with this Contract shall be
brought solely in Brooklyn, New York and Buyer expressly submits to the
jurisdiction of said courts and Buyer consents to extra-territorial service
of process. Should any part of this Contract be held invalid or
unenforceable, that portion shall be construed consistent with applicable
law as nearly as possible to reflect the original intentions of the parties
and the remaining portions shall remain in full force and effect. To the
extent that anything in or associated with the Site or the Company is in
conflict or inconsistent with this Contract, this Contract shall take
precedence. Failure of Company to enforce any provision of this Contract
shall not be deemed a waiver of such provision nor of the right to enforce
such provision.
By purchasing any goods
and/or services from this website, you are agreeing to this Online Contract. |
