TERMS & CONDITIONS
("Agreement")
This Agreement was last modified on March 24, 2016
Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using http://robertasherdesigns.com ("the Site") operated by Roberta Sher Designs (“Company”, "us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://robertasherdesigns.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE UNLESS YOUR ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE.
Purchases
By purchasing an item on robertasherdesigns.com, the buyer agrees to the following additional conditions:
1. Orders may be canceled by the Company in its sole discretion, and upon such cancelation, all monies will be refunded.
2. Buyer understands and accepts that partial shipments may occur. Every attempt will be made to ship orders complete.
3. All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information for any reason, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
4. When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
CERTAIN PRODUCT DISCLAIMERS
WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS. YOU FURTHER ACKNOWLEDGE THAT PRODUCTS ADVERTISED FOR USE BY CHILDREN OVER THE AGE OF THREE (7) ARE ONLY INTENDED FOR USE AND/OR WEAR UNDER ADULT SUPERVISION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.
Intellectual Property
The Site and its original content, features and functionality are owned by Roberta Sher Designs and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Copyright © 2013, Roberta Sher Designs. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Roberta Sher Designs.Roberta Sher Designs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Governing Law
This Agreement (and any futher rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Georgia, United States, without giving effect to any principles of conflicts of law. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a federal or state court located in Atlanta, Georgia and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding. Notwithstanding anything to the contrary, the Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information. You agree that any claim or cause of action related to the Site, the Services, the Products and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Limitation of Liability
USE OF THE SITE, AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY DOLLARS (U.S. $50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR 6 MONTHS HEREUNDER.YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Return Policy
1) All Returns or Exchanges must be made within 7 days of receiving merchandise
2) All Returns/Exchanges must be approved prior to return. Please contact Roberta Sher Designs for return authorization number
3) When your Return Authorization # clears, it will be e-mailed to you. Returns must be completed within 15 days of Return Authorization generation. We cannot guarantee refund outside of this timeframe. Please print out the Return Authorization Form that will be emailed with the return authorization number and include it in the package with returned items to receive full refund.
4) All items must be unworn and in original condition, all tags, parts and labels must be returned
5) Replacement items will be shipped out within 14 days of return
6) The customer is responsible for shipping costs in both directions on returns and exchanges.
7) Refunds will be made within 7 days, after inspection and approval of merchandise
Contact Us
If you have any questions about this Agreement, please contact us.
Legal Language:
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