Effective Date: July 17, 2013
1. Acceptance of Terms
Your purchase of products or services from Skedouche, LLC (doing business as festified.com) is subject to this Terms of Sale. By clicking the "PLACE ORDER NOW" button and making a purchase, you acknowledge that you have read this document and agree to be bound by its terms and the Terms of Service.
This Terms of Sale is not meant to contradict, violate or run contrary to any portion of the Terms of Service which governs your use of Festified.com services and your use of the Festified.com Web Site. If any portion of the Terms of Sale is found to contradict, violate or run contrary to the Terms of Service, the Terms of Service will govern and will be the binding document with regards to that portion.
The Terms of Sale is meant to provide general information regarding policies surrounding purchases from the Festified.com Web Site. The Terms of Service is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms of Sale you again agree to comply with the Terms of Service.
2. Materials & Products
You agree that you have read our website and/or researched independently and that you know what each of these materials is and what you are buying. Festified.com only guarantees that you will receive the materials advertised on the Web Site that you purchase. You agree that Festified.com is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site. We have done our best to display as accurately as possible the colors of the products shown on the Festified.com web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
You agree that all products produced and sold by Festified.com are for novelty purposes only “as is”. Festified.com does not make any claims about the legal compliance or registration of any products sold by Festified.com or by a Festified.com affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of products permitted for your particular use. You agree that all of the content and artwork on any Festified.com product (“Product”), including, for example, sweaters, shirts, novelty bags and the images, illustrations, graphics, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Festified.com, one of its affiliates or by third parties who have licensed their materials to Festified.com. You agree that your purchase of the Product grants you only the right to use the Product and associated intellectual property rights for personal, private, non-commercial use and that you may not copy, reproduce or otherwise use any of the intellectual property listed above associated with the Product for any other use.
3. Functional Utilization of Product
Festified.com offers a variety of products including a pocket sweater, all functional uses of any pocket are for novelty purposes and may, if strain is placed upon them, fail to support the item placed in the pocket and are thus not intended to support extended use as a functional pocket or otherwise act as a mechanism to transport electronics or other items. Festified.com is not responsible for any products placed in these pockets. Festified.com is not responsible for lost, broken, damaged or destroyed electronics or other items placed in the pockets of its Products and you agree to hold harmless and indemnify Festified.com from all such loss or damage as a result of the use of the pockets on our Products.
4. Correction of Errors and Inaccuracies
The information of the Festified.com web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your Festified.com purchase you may return it with the original Festified.com packing receipt. Please see our Return and Refund Policy.
5. Typographical Errors
In the event a Festified.com product is listed at an incorrect price due to typographical error or systems error, Festified.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Festified.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Festified.com shall issue a credit to your credit card account in the amount of the incorrect price.
6. Delivery Time
Festified.com works hard to ensure that orders will be delivered to the customer within 10 business days of order. The date of order is the calendar date of order if the order is placed before 6:00pm Eastern Standard Time and the next business day after the calendar date of order if the order is placed between 6:00pm and 11:59pm Eastern Standard Time. This means that a purchase made at 3:00pm Monday, will be delivered by Monday two weeks after the order. This production time is not guaranteed and is limited in many ways as discussed in the Shipping Policy.
You agree that Festified.com will take at least 1 business days to ship your order and that it may take longer than 3 business days as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order.
7. Return and Refund Policy
You agree that Festified.com guarantees the products it sells are free from manufacturing defects and as such will be good for 90 days after purchase of the product. If the product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken product and send the photograph or the original failed or broken product to Festified.com. Upon receipt of the product or the photograph, Festified.com will send a replacement of the product or will issue Festified.com credit for the purchase value of the failed or broken product(s). Festified.com credit can be used on the Festified.com website for any purchase.
Festified.com does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of Festified.com. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by Festified.com as to the cause of the failure or breakage.
8. Changes to Your Order
You agree that Festified.com is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. A Festified.com employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
9. Dispute Resolution
All disputes arising out of, relating to or connected with these Terms of Sale or your use of any part of the Festified.com products will be exclusively resolved under confidential binding arbitration held in Loudoun County, Virginia before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Virginia law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale will be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Loudoun County, Virginia. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Virginia courts in Loudoun County, Virginia. By entering into these Terms of Sale, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Sale or your use of any part of the Festified.com Products or Services must be asserted individually. Notwithstanding anything to the contrary in this Section, Festified.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FESTIFIED.COM DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. Festified.com DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FESTIFIED.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
FESTIFIED.COM SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE FESTIFIED.COM SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF FESTIFIED.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Have questions about our Terms of Sale? Feel free to contact us!