Terms of Service
Version 1.1, published February 22, 2024
*Previous version(s) are available upon written request to wecare@Boutiqueofjoy.com
GENERAL
Welcome to Boutiqueofjoy website, products, and services (hereinafter referred to as “Business”, “Boutiqueofjoy”, “Boutiqueofjoy.com”, “Store“, “we”, “us”, or “our”). These Terms of Service represent a joint agreement (“Agreement”) that governs your and/or your gift recipient(s)/assignee(s) (“you”, “your”, “Client”, “Clients”, “Recipient”, “Recipients”, “User”, “Users”) access to and use of the Boutiqueofjoy.com website (hereinafter referred to as the “Website” or “Site”) and all product(s) and/or Service(s) (collectively, the “Service(s)” therein or caused by.
- Acceptance of Terms: By using our Website, purchasing our Products, and/or subscribing to our Services, you grant your unconditional acceptance of these Terms of Service. If you do not agree to these terms, do not use this Website, products, or services. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms of Service may also be viewed online at Boutiqueofjoy.com. If you do not agree to be bound by any modified/updated version of these Terms, you are not authorized to use this website, products, or services.
- Recording Affirmation: Upon Product and/or Service purchase checkout, your affirmative response indicating an understanding of the subscription duration, cost, and billing structure, along with your agreeance to adhere to these Terms of Service, will be recorded with a date/time stamp.
- Electronic Signatures: You will be bound by any affirmation, assent, or agreement you transmit through this Website. You acknowledge that when in the future you click on an “I agree,” “I consent,” “I understand”, "Purchase", or other similarly intended “button” or entry field with your mouse, keystroke, or other computing devices, your agreement or consent will be legally binding and enforceable and is the legal equivalent of your handwritten signature.
- Current Information: You agree to provide and maintain current, complete, and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. Feel free to contact wecare@Boutiqueofjoy.com for further assistance.
- Minimum Age: You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age or ability to consent.
- Subscription Service: Boutiqueofjoy provides Love in Bloom as a monthly delivery subscription service. Access to the Website, use of the Services, and purchase of the Products is subject to these Terms of Service and our Privacy Policy, which is available on the Website.
ORDERS, PAYMENT(S), AND FULFILLMENT
- Price Stability: During your first 12 months of service, your monthly rate will remain static. If unforeseen influences make our honoring of your locked price unsustainable, at our sole discretion and without forewarning, we reserve the right to cancel your subscription service while simultaneously ceasing future charges.
- Pricing: Once a Client’s 12-month price lock has expired, upon completion of billing for your twelfth shipment, your monthly fee will automatically be adjusted to the current price structure advertised on the Website. All product(s), service(s), and/or subscriptions listed on the Site, 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 the Business 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 due to typographical error or error in pricing or Product information, we shall have the right 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 issue a credit to your credit card account in the amount of the charge.
- Payment Terms: For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”) and any applicable Taxes, fees, and shipping charges as assigned at checkout. If you order a subscription to a Product that auto-renews (“Subscription”), as is the case with Love in Bloom, then you agree to pay the applicable Product Price and applicable Taxes, fees, and shipping charges upon each auto-renewal date until you terminate your Subscription in accordance with the directions in this Terms of Service agreement, or your subscription will be automatically paused. Pausing your subscription does not forgo your financial obligation. Billing for your initial shipment takes place immediately upon checkout. Billing for follow-up monthly shipments generally takes place in the first week of each month. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not been successfully settled, there are unforeseen delays that hinder our ability to ship your product, or there are changes to your account or Subscriptions. Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. As such, if you purchase a Subscription, until such time as you cancel/terminate your Subscription in accordance with the directions in this Terms of Service, you hereby authorize, agree, and assent to the Business automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes and other governmental charges, and any related penalties and interest, arising from the Product purchase not withheld by our business. All payments are non-refundable. Products will only be shipped after confirmation of payment.
- Suspended or Discontinued Service: We reserve the right at any time, and for any reason, to suspend or discontinue services and respective billing. Examples of likely triggers would be declined credit cards, repeat undeliverable addresses, harassment of staff, etc.
- Credit Card Declines: Where we receive notification of your credit card being declined after our products have been shipped to you, you consent to us resubmitting your charge until such charge is fully satisfied, whether the charge is made as one additional payment or in installments.
- Chargebacks: If we believe that you have participated in a fraudulent or wrongful chargeback, we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in civil and/or criminal pursuit and penalties.
- Unforeseen and/or Uncontrolled Delays: This business relies on many outside suppliers and partners. Should any forces, including but not limited to, supply chain, material input, labor, cost overruns, political interference or instability, changes to import standards, regulations, shipping, or any other adverse effects bear upon our ability to provide the Service and/or remain solvent, we reserve the right, at our sole discretion, to pause our Services, without credit or compensation, until such a time when we can resume business as usual. We will never, however, collect funds and not deliver the paid-for product or service. If we are faced with challenges that make performing impractical or impossible, you will be notified within thirty (30) days regarding a pause of service(s). Any product(s) and/or service(s) missed during the pause will be shipped as soon as reasonably possible.
- Force Majeure: We shall not be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, pandemic, government requirement, civil or military authority, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. The business will notify the other party in writing within thirty (30) days after the beginning of any such cause that would affect its performance. Notwithstanding, if a party's performance is delayed for a period exceeding thirty (90) days from the date the other party receives notice under this paragraph, the non-affected party will have the right, without any liability to the other party, to terminate this subscription.
SHIPPING AND HANDLING
WE NEVER GUARANTEE A DELIVERY DATE!! Shipping and handling timelines only represent our goal.
Although subject to change at any time and without notice:
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- The “Month 1” shipment is typically finalized and handed to the shipper within one week of order placement (holidays and high-volume periods may take longer). USPS Ground Advantage, our primary delivery protocol, posts delivery times that can be found here. Shipments originate from Zip code 93619-5217.
- "Month 2 and beyond" shipments are prepared for your gift recipient in the first week of each month following your initiating purchase and sent via USPS First-Class Mail®. USPS’ delivery times can be found here. Shipments originate from Zip code 93619-5217.
SUBSCRIPTION SERVICE CANCELLATION
- There are no cancellation fees
- To cancel, login to your account: Under the “Your Subscription(s)” button, click “Edit”. On the next page click “Cancel Subscription” (bottom left). If you need any help, email us at wecare@Boutiqueofjoy.com
- The merchant processing system auto-charges your credit card on file at 12:00AM on the first day of each month for that month’s shipment. If you would like to stop both charges and shipments, enact your cancellation in advance of 11:59PM on the last day of the month, otherwise, that month will charge and ship.
- Canceling your account does not provide you with a refund for any prepaid service, nor does it stop a pending charge(s).
WARRANTY, DAMAGED PRODUCT, AND RETURN POLICY
- Damaged Products: If the Product(s) arrives damaged, it is critical that you immediately take clear and detailed photos of the damaged packaging, shipping label, and damaged product(s). Please email those photos alongside a concise description of the damage, along with your name and address, to wecare@Boutiqueofjoy.com. All claims for damaged products must be made and received by wecare@Boutiqueofjoy.com within 10 days of the Product shipment date. Provided that we confirm that your Product was damaged in shipment, your sole and exclusive remedy is for the business to send you a replacement product. This may require the original damaged product and packaging to be returned to the sender. The potential replacement(s) may or may not be a like-kind replacement for the original delivery depending on stock availability at that time.
- 30-Day Acrylic Frame Manufacture’s Defect Warranty: If the Acrylic Frame suffers a failure due to a manufacturer’s defect, it is critical that you immediately take clear and detailed photos of the area(s) of concern along with photos of the product as a whole. Please email those photos with a concise description, along with your name and address, to wecare@Boutiqueofjoy.com. All claims for damaged products must be made and received by wecare@Boutiqueofjoy.com within 30 days of the Product shipment date. Provided that we confirm that your acrylic frame suffered a manufacturer’s defect, your sole and exclusive remedy is for the business to send you a replacement product. This may require the original acrylic frame and packaging to be returned to the sender. Potential acrylic frame replacement may or may not be a like-kind replacement for the original acrylic frame delivered. Returns for refunds are not permitted.
- Warranty Disclaimers: Except as expressly stated in this agreement, the seller expressly disclaims and negates any implied or express warranty of merchantability, any implied or express warranty of fitness for a particular purpose, and any implied or express warranty that falls outside of the 30-day Acrylic Frame Manufacture’s Defect Warranty as stated within the Terms of Service.
- Return Policy: Returns for a refund are not permitted under any circumstances. All sales are final.
DISCOUNTS
- Promo Codes, discount codes, and coupons: If available, only one may be applied per order. Offers are subject to change, expiration, or revocation at any time and without notice.
WINNINGS FOR PRIZES AND CONTESTS / RULES
- These full Terms of Service govern any contests or giveaways
- Privacy policy can be found here
- Methods of entry are detailed under the Community & Contests section of boutiqueofjoy.com
- Winners are merit-based and will be selected at the sole discretion of the owners/operators of boutiqueofjoy.com
- Eligibility:
- Participants must be 18 years of age or older on the day of submission
- Participants must be citizens of and reside in the United States of America
- If a participant wins a contest, prize, or receives a giveaway, they are no longer eligible for any future contests, prizes, or giveaways for a period of 12 months from the date of their last win
- Employees or associates of boutiqueofJoy.com are not eligible.
- Sponsored and administrated by the owners/operators of boutiqueofjoy.com
- Any social media platform that is utilized as a part of contests is explicitly released for any/all related liability
- Odds of winning will be based on the number of participants
- Social contests: For each separate prize level, the threshold to activate the monthly drawing will be submissions by 35 unique eligible clients.
- No purchase necessary
- Prizes are non-transferable and no substitution or cash equivalent is permitted
- The winner is responsible for federal, state, and local taxes, if applicable
- Winnings may be in the form of account credit or a Visa Gift Card at the sole discretion of the owners/operators of boutiqueofjoy.com
- Email wecare@boutiqueofjoy.com for the following:
- Date of selection / values / number of available prizes / method of claiming prize
- Anonymized winner list
- Any other questions you may have
COMMUNICATION PERMISSIONS
- Authorization and Permission to Send Mail and/or Emails: If you have provided us with your and/or your gift recipient’s physical address, PO box, phone number, and/or email address, you are authorizing us and granting permission to send notices, advertisements, and other communications to you, including emails, notices, and other communications; by this business and/or by our partners. This authorization will continue until you request your and/or your gift recipient’s removal from our mailing list. If desired, please send your removal request to wecare@Boutiqueofjoy.com.
OWNERSHIP
- Copyright and Trademark Notice: Unless otherwise specified, all products and materials available for purchase and/or appearing on this or associated sites, including the text, site design, logos, graphics, icons, images, and video, as well as the selection, assembly, and arrangement thereof, are the sole property of this Store., Copyright © 2024, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
USER COMMENTS, FEEDBACK, CONTENT AND OTHER SUBMISSIONS
- User Content: If, at our prompt or otherwise, you provide specific submissions (for example contest entries) or upon your unprompted action or interactions, with respect to communications, content, or other materials you provide to us or regarding us, our product(s) and/or service(s), via email, upload, or as digitally shared with others on public sites or private groups related to our product(s) and/or service(s) (collectively, “User Content”) or by any other means of transmission, you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By delivering, transmitting, or uploading any User Content you hereby grant us a non-exclusive, worldwide, royalty-free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content for any purpose in connection with the operation of the service, products, or business, in any form, medium, or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
SOCIAL MEDIA CONTENT
- Social Media: In addition to any rights we may have related to your content or comments, by posting content, including but not limited to photographs, videos, comments, and your applicable social media handle to social media handle(s) related to our product(s) and/or service(s), posting such content to your social media accounts using tag(s) that call out our product(s) and/or service(s), or otherwise associating such content with the tags sponsored or affiliated with our product(s) and/or service(s (“Social Media Content”), you grant us and any of its third-party content management providers (collectively, the “Licensing Parties”) a perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right and license to display, copy, publish, distribute, transmit, print, create derivative works from, alter, edit and/or use your Social Media Content in any manner to be determined at our sole discretion, including but not limited to on webpages and social media channels operated by us or our partners, and for other marketing and promotional purposes, in any media now or hereafter known, with no obligation to you whatsoever. To the extent your social media username, real name, image, appearance, voice, likeness, caption, location, or other identifying information (“Identifying Information”) is included as part of your Social Media Content, you hereby grant the Licensing Parties the right and license to use such Identifying Information in connection with any use of your Social Media Content. We will make commercially reasonable efforts to credit you for any such Social Media Content by posting your handle or byline, however, we make no assurance to do so, and you agree that we are not required to do so. When you use the hashtag related to our product(s) and/or service(s or other hashtags sponsored or affiliated with us, you represent and warrant that (i) you own all rights in and to your Social Media Content, or are not aware of any third-party rights that must be obtained to grant the Licensing Parties the rights provided herein; (ii) all person(s) appearing in your Social Media Content have granted permission for the uses and rights described herein; (iii) you are of legal age to consent to this agreement; and (iv) you are not aware of any reason why the use of your Social Media Content by the Licensing Parties as described herein will violate the rights of any third party or any law. You agree you will not post or encourage others to post Social Media Content that is unlawful, harassing, defamatory, obscene, libelous, or otherwise objectionable.
MONITORING
- Monitoring: We reserve the right, but not the obligation, to monitor content submitted to our Website or through related websites, online discussion forums, groups, or chat rooms, to determine compliance with these Terms of Service. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that we, in our sole discretion, find to be in violation of these Terms of Service or otherwise objectionable. You are solely responsible for the content that you post to this Website.
- Liability: We are not responsible or liable for the conduct of users or for any views, opinions, and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum, chat room, or social media outlets. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums, chat rooms, and social media outlets, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s). We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret, or other intellectual property rights of another person or entity.
THIRD-PARTY / LINKS
- Third-Party Links: This site may contain links to other sites on the Internet that are owned and operated by third parties. We cannot be held responsible for the safety, security, accuracy, representation of, operation of, or content located on or through any third-party link and/or site.
ACCURACY AND REPRESENTATION
- Errors, Inaccuracies, and Omissions: Occasionally there may be information on our site or in the product(s) and/or service(s) that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. You agree in full to hold us and our agents harmless for any errors, inaccuracies, or omissions; and/or any damages or injuries that may come from or be related to our product(s) and/or service(s).
- Imperfections, Sizing & Likeness to Product Photos or Past Purchases: Please be aware that all photos of any products sold on the Website are for illustrative purposes only. Although we make reasonable efforts to ensure that our products are accurately depicted on our Website, it is possible that some photos shown on the Website may not be entirely representative of the actual product. The final products received by you may vary in color, size, look, feel, finish, or style. Additionally, you should be aware that all sizing is approximate and may not be exact. No item is ever guaranteed to be an exact copy and the customer agrees to accept any reasonable variations in appearance on the product(s) and/or service(s) purchased from the Website. If a customer claims that a product(s) and/or service(s) is defective due to imperfection or other variation, the customer agrees that we shall be the sole and final arbiter of claimed defects and shall solely determine what, if any, further action will follow.
ASSUMPTION OF RISK
- Release and Disclaimer of Liability: We expressly disclaim any responsibility or liability for any damage, loss, or injury arising out of your purchase or use of any products and/or service(s) sold on the Website, the activities of any third-party vendors and fulfillment services, and any loss or injury resulting from your access or inability to access the Website. The products offered via the website are provided for your private, personal, and non-commercial use only. You acknowledge that your use of this Website is at your sole risk and you alone will be responsible for any loss or damage that you may suffer from any content located on, or accessible through, the Website. You assume all risk and responsibility for any loss or damages to your computer system, data, and business from your use of the Website. You release us from all claims, demands, and damages arising out of your use of the Website, and/or our Product(s) or Service(s), including disputes between you and one or more other users or other persons, and liability arising out of user submissions or the conduct of any person.
We disclaim all liability to you for any of the following:
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- Errors, mistakes, or inaccuracies of content;
- Financial, personal injury, third-party injury, time lost, or property damage of any nature resulting from your access to and use of any and all product(s) and/or service(s) purchased from the Website;
- Unauthorized access to or use of related servers and any personal or financial information stored in them, including unauthorized access to or alterations of your account, transmissions, or data;
- Bugs, viruses, Trojan horses, or other disabling code that may be transmitted to or through the Website by any person or that may infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
- Interruption or cessation of transmission to or from the Website;
- Delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website;
- Incompatibility between the Website and your other services, hardware, or software; or
- Loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
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RIGHTS AND LIMITS
- Orders: When you make an order, you are making an offer to purchase, and such an 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, 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 canceled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the canceled portion of the order.
- Sale Discretion: We reserve the right, but are not obligated, to limit the sales of our products or services to any geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to discontinue any product at any time.
- Limitation of Damages and Liability: In no event shall we or our members, officers, directors, employees, or affiliates be liable to any user of this website (including any associated products and services) or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, personal injury, loss of life, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the products or services on the website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses. This exclusion applies even if we knew or should have known about the possibility of these damages. The limitations and exclusions in this section apply regardless of the theory of liability asserted (whether strict liability, breach of warranty (express or implied), breach of contract, tort (including infringement), or any other legal theory). You agree that our total cumulative liability in connection with these terms of service, the website, the content, or any product or services whether in contract, tort, or otherwise, shall not exceed the amount you paid to us for the singular purchase, or in the case of a subscription, the then-prior calendar month billing/subscription period. The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you.
- Dissatisfaction: If you are dissatisfied with any portion of the product(s) and/or service(s) or with these Terms of Service, your sole and exclusive remedy is to discontinue the use of the product(s) and/or service(s).
- Lost or Damaged Items: Once your order is provided to the shipping entity, any items that are lost or damaged thereafter, are the obligation of the customer to pursue resolution with the shipping company.
COPYRIGHT INFRINGEMENT: NOTICE AND TAKEDOWN PROCEDURES
- Infringement: If you believe that any materials on this Website infringe your copyright, you may request that they be removed by sending a demand to wecare@boutiqueofjoy.com. This request must bear the signature of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location, or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.
DISCLAIMER OF WARRANTY:
- Disclaimer: You are solely responsible for determining if the products and activities are suitable for use. Except as expressly provided herein, all products supplied, and all text, images, and other information on or accessible from this website are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, we do not warrant that: (i) the information available on this website is free of errors; (ii) the products or services are not defective; (iii) defects will be corrected; (iv) this website or the server(s) that makes it available are free of viruses or other harmful components; or (v) the quality of any boxes, products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
LEGAL PROCEEDINGS
- Order of Precedence: If conflicting, these Terms of Service shall control over any other written or verbal agreement, contract, or document.
- Integration Provision or Entire Agreement: This Agreement sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof. This agreement supersedes all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this agreement.
- Limitation on time to file claims: Any cause of action or claim you may have arising out of or relating to these Terms of Service or the website must be commenced within 6 (six) months after the cause of action accrues.
- Cumulative Rights: Any specific right or remedy provided in this agreement will not be exclusive but will be cumulative of all other rights and remedies.
- Governing Law: These Terms of Service, your use of the Website, and the relationship between you and us shall be governed by the laws of California, without regard to conflict of law rules. You agree that: (i) we and the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. The sole and exclusive venue for any action or proceeding arising out of or related to our interactions, dealings, and/or these Terms of Service shall be in Superior Court of Fresno County, California. You hereby submit to the jurisdiction and venue of said court for any action(s) brought forth. You consent to the service of process in any legal proceeding. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
- INDEMNIFICATION: You agree to indemnify, defend, and hold us harmless from and against any and all claims, actions, suits, demands, assessments, or judgments asserted, and any and all losses, liabilities, damages, costs, and expenses (including, without limitation, attorneys fees, accounting fees, and investigation costs to the extent permitted by law) alleged or incurred arising out of or relating to any operations, acts, or omissions of the indemnifying party or any of its employees, agents, and invitees in the exercise of the indemnifying party's rights or the performance or observance of the indemnifying party's obligations under this agreement. Prompt notice must be given of any claim, and the party who is providing the indemnification will have control of any defense or settlement. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Severability: If any provision of this agreement shall be declared by any arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, all other terms and provisions shall not be affected but shall remain in full force and effect.
- Notices: All notices shall be in writing and shall be delivered personally, by United States certified or registered mail, postage prepaid, signature-required, return receipt requested, or by a recognized overnight delivery service while maintaining the same requirements. Any notice must be delivered to the parties at their respective addresses set forth below their signatures or to such other address as shall be specified in writing by either party according to the requirements of this section. The date that notice shall be deemed to have been made shall be the date of delivery when delivered personally; on written verification of receipt if delivered by overnight delivery; or the date set forth on the return receipt if sent by certified or registered mail.
- Pre-Arbitration Dispute Resolution: We are always interested in resolving disputes amicably and efficiently, without needless legal involvement, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at wecare@Boutiqueofjoy.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Notice must be sent to our current statutory agent of record. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. In the event we send a Notice under this provision, the Notice will be sent to the address on file through your client profile on our website, if available.
- Arbitration: If we do not resolve the claim within sixty (60) calendar days after the Notice is received, either party may commence an arbitration proceeding. During arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which the alleged damaged party is entitled. Our liability shall not exceed that which is delineated in these Terms of Service.
- Prohibition of Class and Representative Actions and Non-Individualized Relief: Parties agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Our liability shall not exceed that which is delineated in these Terms of Service.
- Attorney Fees: The prevailing party is responsible for the reasonable attorney fees of the other. This provision also extends to any objections to the arbitrator’s agreement.
CHANGES TO TERMS OF SERVICE (if we are required to send notification of update(s), see example image at the bottom of this doc)
- Updated Terms of Service: We may modify or revise these Terms of Service at any time and at our sole discretion. Update(s) will be indicated by a new revised date noted as “Last Updated” found at the top of this Privacy Policy. As we ship monthly, you are expected to check the “Last Updated” date on a respective basis throughout the duration of our business relationship, to determine if there have been changes, and if so, to ensure you understand and agree to the most recent terms, as they are binding. You agree to be bound by such modifications or revisions based on the date of the Terms of Service revision relative to your most recent purchase or shipment, whichever is later. If you do not accept the current terms, immediately stop using the Website and cancel your services according to the procedure listed herein. Revised Terms of Service supersede any prior versions upon being posted. By continuing to use the Website, product(s), and/or service(s) after the posting of a revised Terms of Service, you thereby acknowledge, agree to, and consent to the latest Terms of Service as a whole in place of previous version(s).
ORDERLY BUSINESS WIND-DOWN
- Closure: If for any reason we are no longer able to offer our product(s) and/or service(s), at our sole discretion, we will either ship any billed-for items or provide refunds based on unfulfilled obligations, then notify current clients and cease all future shipments and billing.
NOTICE FOR CALIFORNIA USERS:
- Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at wecare@Boutiqueofjoy.com.
CONTACT INFORMATION
- Questions about the Terms of Service should be sent to us at wecare@Boutiqueofjoy.com.