THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH the concept wardrobe , OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products through www.daffodilimageconsulting.com (the "Site") pages and accounts on Pinterest®, Instagram® and Facebook®, (the “Sites). Please read both these Terms and the Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. We may modify these Terms from time to time, and any modifications will be effective immediately when we publish them. All changes we make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you.
DELIVERY OF ANY FILES TO YOU CONSTITUTES ACCEPTANCE, AND THEREFORE, THE CREATION OF A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND DAFFODIL IMAGE CONSULTING. We may choose not to accept any orders in our sole discretion.
(a) All prices posted on this Site are subject to change without notice. The price charged for the product you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. 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.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept payments via Venmo and reCAPTCHA. 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.
(a) 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.
(b) 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, nor are we required to refund orders lost in transfer. However, if you do not receive a digital download within 1 of calendar day of your purchase, you must notify us within 10 days of the purchase date. Any decisions regarding whether or not to replace a lost item are within our sole discretion, upon timely notice.
WE OFFER NO REFUNDS ON ANY PRODUCTS ON THIS SITE. ALL SALES ARE FINAL.
If the Daffodil Image Consulting does determine, in its sole discretion, that a “return” may be appropriate for any intangible products from daffodilimageconsulting.com, you expressly recognize and agree that you’re asking for a refund on a product that you already have. Therefore, you also EXPRESSLY AGREE AND UNDERSTAND THAT IF DAFFODIL IMAGE CONSUTLING FEELS GENEROUS ENOUGH TO ALLOW YOU A “RETURN”, THEY MAY CHARGE A TWENTY PERCENT (20%) FEE (the “Penalty Fee”) IN ADDITION TO THE PRICE OF EACH ITEM THAT THEY CAN PROVE YOU HAVE EITHER DOWNLOADED, UNZIPPED OR VIEWED. If you do wish to return a previously-purchased intangible item and wish to incur the Penalty Fee, you must contact Daffodil Image Consulting within five 5 calendar days, and the Parties will enter into a separate Agreement.
This limited warranty gives you specific legal rights, and you may also have other rights. We warrant that during the warranty period, the products purchased from the Site will be free from defects in materials and workmanship.
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 this limited warranty.
Our responsibility for defective products is limited to repair, replacement or refund as set forth in this warranty.
(a) This limited warranty extends only to the original purchaser of products from the Site, not to any subsequent or other owner or transferee of the product. This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products you purchased from us. This limited warranty does not cover any damages due to transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for one week (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(b) With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
(c) 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 that you have purchased through the Site, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect. The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
You acknowledge and agree that:
(a) Each product marketed on this Site is made available solely for license, not sale, to you and other prospective customers. All products are for personal use only.
(b) You are not allow to resale, reverse engineer, copy, modify, improve, sub-license and transfer the products purchased through our Sites. You will not cause, induce or permit others' noncompliance with these terms and conditions.
(c) Daffodil Image Consulting is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and 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 made available through this Site, or of any intellectual property rights relating to those products.
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
This Agreement shall be binding upon, is for the sole benefit of the Parties hereto and inure to the benefit of the successors, executors, heirs, representatives, administrators and permitted assigns of the parties. The Parties have no right to assign this Agreement by operation of law or otherwise.
To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
You acknowledge and agree that in the event of a breach or threatened violation of the Daffodil Image Consulting intellectual property rights and confidential and proprietary information by you, Daffodil Image Consulting will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Daffodil Image Consulting may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above.
The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or war, invasion, act of foreign enemies, embargo or other hostility (whether declared or not) or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion or act or threat of terrorism.
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