THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THIS AGREEMENT, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE ORNAMENT GIRL, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
THE ORNAMENT GIRL, LLC
ONLINE SALES AGREEMENT
THIS ONLINE SALES AGREEMENT, (this “Agreement“), applies to the purchase and sale of products and services through The Ornament Girl, LLC’s website (the “Site”). This Agreement is by and between The Ornament Girl, LLC a Florida limited liability company (“Ornament Girl,” “us“, “we“, or “our“) and the user of our Site and purchaser of our products and services, more fully identified in the Buyer’s order (“you” “your” and “Buyer“).
The Agreement is subject to change by us without prior written notice at any time, in our sole discretion. Your continued use of this Site after a posted change in this Agreement will constitute your acceptance of and agreement to such changes. The latest version of this Agreement will be posted on this Site, and you should review this Agreement before purchasing any product or services that are available through this Site.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the you and us (together the “Parties,” and each, a “Party“) hereto agree as follows:
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under this Agreement, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email.
- Prices and Payment Agreement.
- All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Agreement of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept the approved credit cards listed on our Site and reserve the right to reject credit cards that to not meet our payment standards. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition.
- To return products, you must email our Customer Service Department at the address listed below.
- You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 10% restocking fee.
- Usually refunds are processed within approximately thirty days of our receipt of your merchandise, but this timeline may be greater depending on the time of year the merchandise is returned. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
- LIMITED WARRANTY.
- OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT AND NOTICED TO US WITHIN 30 DAYS FROM SHIPMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT AND NOTICED TO US WITHIN 30 DAYS FROM THE DATE THE SERVICE WAS PROVIDED.
- EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE ORNAMENT GIRL MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; OR (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
- Products manufactured by a third party (“Third-Party Product“) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, our goods. Third-Party Products are not covered by the warranty above. For the avoidance of doubt.
- This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
- LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
- Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
- Intellectual Property Use and Ownership. You acknowledge and agree that we will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, but not limited to, acts of God, flood, fire, earthquake, pandemics, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
- Dispute Resolution and Binding Arbitration.
- YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
- ALL CASES AND CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE FINALLY RESOLVED EXCLUSIVELY BY BINDING CONFIDENTIAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE UNITED STATES ARBITRATION ACT AND CONDUCTED AT ORLANDO, FLORIDA IN ACCORDANCE WITH THE AAA COMMERCIAL ARBITRATION RULES, INCLUDING, WHERE APPLICABLE, ITS RULES ON EXPEDITED PROCEDURES. JUDGMENT UPON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION, OR APPLICATION MAY BE MADE TO THAT COURT FOR A JUDICIAL RECOGNITION OF THE AWARD OR AN ORDER OF ENFORCEMENT THEREOF, AS APPLICABLE. THE PARTIES MAY BRING AN ACTION TO ENFORCE ANY AWARD GRANTED UNDER THIS SECTION.
- Jurisdiction and Venue. Without limiting the obligation to arbitrate, the federal courts of the United States or the courts of the State of Florida, located in Orange County, Florida shall have exclusive jurisdiction over any action arising out of, or relating to, this agreement, and any appellate court therefrom. Venue for any dispute shall be exclusively in Orlando, Florida.
- JURY TRIAL WAIVER. WITHOUT LIMITING THE OBLIGATION TO ARBITRATE CLAIMS PROVIDED HEREUNDER, YOU AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL.
- Attorney’s Fees. To the extent permitted by applicable law, the prevailing party in any dispute arising under or related to this Agreement will recover its attorney’s fees and costs including attorneys’ fees and costs that are incurred in proving not only entitlement to, but the appropriate amount of, such an award.
- Assignment. You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
- No Waivers. The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
- No Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than you and us.
- To You. We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under this Agreement, you must contact us as follows: (i) by email at the email address provided below; or (ii) by personal delivery, overnight courier or registered or certified mail to the address provided below. We may update the email address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement and where possible, the provision will be modified, retroactively to the commencement of this Agreement, to make it enforceable while providing us as much of the originally intended benefit as possible.
- This Agreement will be construed according to the English language as drafted. Its headings are for reference purposes only and do not affect the interpretation. The singular shall include the plural and the plural shall include the singular. You waive any rule of contract construction that might cause a provision to be construed against us as the drafting party.
- Contact Information.
- Customer Serive Department:
- Email Address: email@example.com
- Email Address: firstname.lastname@example.org
- Address: The Ornament Girl, LLC., PO Box 929, Eustis, FL 32727
- Customer Serive Department: