TERMS AND CONDITIONS OF Graffiti Pink ONLINE SHOPPING:Graffiti Pink values you as a customer and your right to privacy. Except as may be otherwise required by law, Graffiti Pink will exercise commercially reasonable efforts to ensure that your personal information remains confidential and available only to Graffiti Pink, and its employees, agents, and contractors. Graffiti Pink will not sell your personal information to third parties. You will be charged the prices quoted for Products you have selected for purchase at the time you submit your order at checkout. It is your responsibility to promptly notify your bank of any changes to your billing information, or of any loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable. The Terms and Conditions defined here are the agreement between you and Graffiti Pink. By submitting each order at checkout, you confirm and affirm that you have read, understood and agree to the Terms and Conditions, of the form in which they appear at the time the order is submitted at checkout: 1. Offer and acceptance. By submitting a completed order form, you offer to purchase, on and pursuant to these Terms and Conditions and the order form, the item(s) (collectively, "Product") you select and submit to Graffiti Pink, Inc. ("Graffiti Pink") for purchase via the order form. Your offer may be accepted by Graffiti Pink by sending you an electronic confirmation that your order has been received and accepted. It shall be in Graffiti Pink discretion to accept or reject your offer. If Graffiti Pink accepts your offer, these Terms and Conditions and the order form collectively constitute a legal agreement between Graffiti Pink and you governing your purchase of the Product from Graffiti Pink over the online shopping service. 2. Responsibilities. If Graffiti Pink accepts your order, Graffiti Pink shall, in return for your payment, provide the Product which you order through the online shopping service. The Product shall be delivered to you at the delivery address you designate. Your payment for the Product and shipping, including sales taxes and assessments, is due upon completion of your order on-line. Graffiti Pink will charge the payment to the credit card which you submit to Graffiti Pink, and will collect the payment from your bank. You authorize Graffiti Pink to make and collect such charge, and agree to make payment to Graffiti Pink if Graffiti Pink cannot collect the charge for any reason. The total amounts you shall pay for the Product per each order shall be the sums of the respective prices for the items you select and submit via the order form, plus all applicable sales taxes and shipping charges, as reported to you as the "TOTAL" in the order form. 3. Product Pricing and Shipping Charges. You will be charged the prices quoted for Products you have selected for purchase at the time you submit your order at checkout. 4. Communications. Graffiti Pink shall conclusively presume that online communications received from you through your use of the online order form and registration process are accurate, complete, and authorized by you as received by Graffiti Pink. You agree not to contest the validity and binding legal effect of those communications. 5. Shopper registration. You agree to complete the initial registration process according to Graffiti Pink requirements stated on the Web site, and to provide Graffiti Pink with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery addresses, and telephone number. You must provide Graffiti Pink with an accurate and complete credit card number and expiration date at the time of submitting your online purchase order. You represent and warrant to Graffiti Pink that your use of any credit card is authorized and legal. 6. Shopper information changes. It is your responsibility to promptly notify your bank of any changes to your billing information or loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable. 7. Delivery. Graffiti Pink shall deliver the Products to you at a single delivery location you designate that is within the delivery zone authorized by Graffiti Pink. 8. Substitution Policy. Although Graffiti Pink believes that it will have sufficient inventory to fill your orders, it is possible that certain Products may be unavailable, from time to time. In the event an item you have ordered is temporarily unavailable, Graffiti Pink will attempt to notify you and will fill the remainder of your order. 9. Graffiti Pink Satisfaction Guarantee. If you are not satisfied with an item for any reason, you should call 1-888-279-7465 and Graffiti Pink will, at your option, either (i) replace the item with the same or substantially similar item by causing the replacement to be delivered to you within a reasonable time or (ii) issue a credit to your credit card in an amount equal to the value of the item, plus applicable sales tax. Graffiti Pink may arrange, in its sole discretion, to retrieve the item at no charge to you for the retrieval. 10. Product Information. Graffiti Pink will attempt to update Product information as and when changes come to the attention of Graffiti Pink. However, Graffiti Pink is not responsible for any inaccuracy or misstatement of any such information. You should read the Product information upon delivery or contact the product manufacturer. 11. Disclaimer of warranty. Graffiti Pink online shopping services are provided on as "AS IS", "AS AVAILABLE" basis, and Graffiti Pink does not provide any assurances of the availability or usability by you of the online shopping services. Graffiti Pink makes no representations or warranties, whatsoever, as to the substance, or the accuracy or sufficiency thereof, of any Product information listed on the web site. Graffiti Pink MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES, DELIVERIES, OR OTHERWISE. 12. Limitation of liability. Graffiti Pink shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of your credit card, or other consequence beyond the reasonable control of Graffiti Pink. Any liability of Graffiti Pink, its employees, affiliates, or agents, to you for damages, losses and causes of action, whether in contract, tort, or otherwise, either jointly or severally, shall be strictly limited to the aggregate dollar amount paid by you to Graffiti Pink in the twelve (12) months (or, if less, such shorter period of your use of the online shopping service) immediately prior to the claimed injury or damage. 13. Confidentiality. Graffiti Pink values you as a customer and your right to privacy. Except as may be otherwise required by law, Graffiti Pink (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with Graffiti Pink online shopping services or otherwise for Graffiti Pink general business purposes and (ii) will not sell your name, address or similar personal information to third parties or permit the use of such information outside the scope of the Graffiti Pink online shopping service or Graffiti Pink general business purposes. Graffiti Pink may, and reserves the right to, use and disclose internally within Graffiti Pink any aggregated information, including information you provide to Graffiti Pink, regarding Graffiti Pink customers and usage of the online shopping service, for any purpose. 14. Applicable law. These Terms and Conditions and the order form, collectively constituting the sole and entire agreement between Graffiti Pink and you regarding the online shopping services, are governed by laws of the State of California without regard to conflict of laws rules. The parties agree to jurisdiction and venue for any dispute hereunder solely in the city of Los Angeles, California 15. Changes to Terms and Conditions. Graffiti Pink reserves the right to, from time to time, with or without notice to you, in Graffiti Pink sole discretion, amend the Terms and Conditions for use and purchases regarding the online shopping services. Any amendments by Graffiti Pink will be effective only as to orders you place subsequent to Graffiti Pink revisions of these Terms and Conditions on the web site to reflect the amendments. Graffiti Pink will plan to notify you of any material amendments to the Terms and Conditions, however, it is your responsibility to review the Terms and Conditions prior to submitting each order and Graffiti Pink has no responsibility to notify you of any changes prior to effectiveness of the changes or otherwise. 16. Terms and Conditions Govern. These Terms and Conditions, as amended from time to time, shall be the sole terms of the agreement between you and Graffiti Pink regarding your online purchases. All statements otherwise made on the web site are intended only for your convenience and do not form and are not included in the terms for your purchase. 17. Taxes. If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must expeditiously report this to Graffiti Pink and you must timely pay such taxes or amounts. 18. Graffiti Pink Right to Refuse Service. Graffiti Pink, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason.
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