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.