Terms & Conditions for Use of This Website
WebwordsUS, LLC, dba Pandi’s Boutique
Terms and Conditions of Use
This is a legal agreement (the “Agreement”) between You, the individual, company or organization (“you,” “your,” or “Customer”) and Pandi’s Boutique (“we,” “our” or “Company”). By ordering, accessing, using or purchasing any product (collectively the “Product”) through this website or related websites (collectively the “Website”), you are agreeing to be bound by, and are becoming a party to, this Agreement. If you do not agree to the terms of this Agreement, do not use this Website or order Product. Your use of this Website means that you agree to the terms and conditions of this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product.
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
We strive to ensure that the information on the Website is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies (which specifically includes those relating to the price or size of any item) which we may correct without liability. We also reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We reserve the right to change the formulation of any of our products at any time. We do not guarantee that all products described on our Website will be available.
We also strive to provide the best customer care for all of our Products. Please contact our Customer Service Department should you feel that you are not receiving the support and care that you deserve.
The standard ground mail service is shipped by the United States Postal Service. Once an order is confirmed please allow up to 3-7 business days for an order to ship. Shipping fees are a flat $7.95 for the first item, $12.95 for two or more items and free for orders over $50.00. All shipments are sent via USPS Priority mail. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times. We do not refund or credit shipping charges for any shipments. We currently only ship within the United States.
If you believe that you have been billed in error, please notify our Customer Care Department immediately. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order Product from our Website. You represent that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. You further represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are the only user.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
To the maximum extent legally permitted, whether or not Company was aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the products you ordered. Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. The products are sold and delivered to you “as is” with no warranty whatsoever. Except as expressly stated otherwise in this sections, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, members, principals, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
You assume all responsibility and risk with respect to your use of the Website. THE WEBSITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Company makes no warranties of any kind regarding any non-Company sites to which you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and Company makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Company sites. Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiration of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Multiple accounts per location are NOT allowed (based on IP Verification through our system) unless clearly identified as different people, for each account (as per regular account rules) as well as:
– Email is unique to each account (cannot be in same/similar name)
– Customer is able to submit Photo ID (scanned/emailed image) and proof of address if requested
– As per our ‘Fraud’ policy, we reserve the right to cancel any suspected fraudulent accounts
If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Website.
The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website is conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company’s prior written consent. When you purchase or order any Product through this website or from Company, you expressly agree that you do not have any license for the resale of any Product and that the resale of Product is expressly prohibited. Notwithstanding the foregoing, Company does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sub-license such materials or any part of such materials. Company will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
In some instances, and in some occasions, your financial institution may charge a fee for processing payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement. All transactions are processed in United States Dollars USD.
- Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of Georgia, USA without regard to conflict or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the Product(s), shall be the Superior Court of Fulton County, Georgia.
- Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written consent of Company.
- Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
- Attorneys’ Fees. In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
- No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
- Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
- Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
- Modifications. Company reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.