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AVeryVeryUnbirthday.com Disclaimer
(1) Introduction
This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website.
(2) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
(3) Licence to use website
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
You must not:
(4) Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under this disclaimer or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Variation
We may revise this disclaimer from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(6) Entire agreement
This disclaimer constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.
(7) Law and jurisdiction
This disclaimer will be governed by and construed in accordance with American law, and any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of the United States o America.
(8) Registrations and authorisations
We have contracted with Yahoo! Search Marketing ("YSM"), to monitor certain pages of our Web site for the purpose of reporting web traffic, statistics, advertisement 'click-throughs', and/or other activities on our site. Where authorized by us, YSM may use cookies, Web beacons, and/or other monitoring technologies to compile anonymous statistics on our Web site visitors. No personally identifiable data is collected by or transferred to Yahoo! Search Marketing.
(9) Our contact details
The full name of our company is AVeryVeryUnbirthday.com. We are registered in the United States of America. You can contact us by email to KE_Arts@averyveryunbirthday.com.
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AVeryVeryUnbirthday.com Terms and Conditions for the Sale of Goods
You will be asked to expressly agree to these terms and conditions before ordering Products from this Site. Please read them carefully. If you do not agree to them, do not order any Products from this site. In order to indicate your acceptance of these terms and conditions.
Please note that you may only purchase Products from this site if you are over 18.
(1) Definitions and interpretation
In this Agreement “I” means Katie Ewing (“us”, ”our”, and “we” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set out in our Second Acknowledgement;
“First Acknowledgement” means the initial automatic email acknowledgment which we will send to you after receiving your Order;
“Order” means your order for Products made via the Site;
“Products” means goods which may be purchased by you from the Site;
“Second Acknowledgement” means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order; and
“Site” means the website at www.AVeryVeryUnbirthday.com.
(2) This Agreement
The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to take the following steps: (i) you must add any the Products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) you will be transferred to the Paypal website, and Paypal will handle your payment; (v) we will then send you the First Acknowledgment; and (vi) once we have checked whether we are able to meet your Order, we will either send you the Second Acknowledgement (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order.
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible.
The only language in which we offer this Agreement is English.
(3) About us
Our full name is AVeryVeryUnbirthday.com. Our email address is KE_Arts@averyveryunbirthday.com.
(4) The Products
All our products are listed on “For Sale” page of AVeryVeryUnbirthday.com. Each is described separately and are self explanatory. Any questions about specific product should be directed to the email address listed on the Contact/Commissions’ page.
(5) Price and payment
Prices for Products are quoted on the Site. The Site contains a small number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product's correct price will be stated when you pay for the Product.
In addition to the price of the Products, you will have to pay a delivery charge, which will be as stated when you pay for the Product.
Payment must be made by the date(s) set out in the Second Acknowledgement. We may withhold the Products and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.
The prices on the Site include any value added or sales taxes (where applicable).
Payment for all Products must be made by PayPal Add to Cart and PayPal View Cart buttons and PayPal's payment services are provided by PayPal, not by Yahoo! Inc, or AVeryVeryUnbirthday.com. This help page is provided for informational purposes only, and Yahoo! does not represent or warrant the accuracy or reliability of the information contained herein. Please consult the PayPal web site for all applicable PayPal terms, conditions, and fees associated with your use of Add to Cart and PayPal View Cart buttons and services.
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
(6) Delivery
We will arrange for the Products to be delivered to the address for delivery indicated in your Order.
We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our Second Acknowledgement or, if no date is set out in our Second Acknowledgement, within 15 days of the date of our Second Acknowledgement. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of our Second Acknowledgement.
(7) Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).
(8) Consumer rights
You may cancel this Agreement at any time within 7 working days after the day you received the Products (subject to the limitations set out below).
If you cancel this Agreement on this basis, you must inform us in writing and return the Products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning the Product to us.
If you cancel this Agreement on this basis and you do not return to the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.
(9) Defective Products
You may also cancel this Agreement if the Products supplied are defective.
Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.
(10) Refunds
If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.
(11) Warranties
We warrant to you that any Product you purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in the United States of America; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
(12) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(13) General terms
Images of Products on the Site are for illustrative purposes; actual Products may differ very slightly from such images.
We will treat all your personal information that we collect in connection with your Order in accordance with the terms of our Privacy Policy; use of our website will be subject to our Website Terms and Conditions.
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of the United States of America, and the US courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
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AVeryVeryUnbirthday.com Privacy Policy
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(2) Cookies
We use cookies on this website. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may send a cookie which may be stored on by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for marketing purposes. We may also use that information to recognise your computer when you visit our website, and to personalise our website for you. Our advertisers may also send you cookies.
Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites.
We use Yahoo Web Hosting to analyse the use of this website. Yahoo Web Hosting generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our website is used to create reports about the use of the website.
(3) Personal Information
This website gathers no personal information for any purposes other than providing shipment services. The only information gathered is for shipment purposes and is not saved on our server or networks for longer than 30 days after shipment of product.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing. Except as provided in this privacy policy, we will not provide your information to third parties.
(4) Policy amendments
We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.
(5) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(6) Contact
If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to KE_Arts@averyveryunbirthday.com.