TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR USE OF WEBSITE and PURCHASE OF PRODUCT:
Use of this Web Site and Purchase of Products is conditioned on these Terms And Conditions. READ These Terms and Conditions Before Purchasing Product or Using this Web Site.
By using this web site you are held to have read, understood and agreed to the Terms and Condition of the Agreement. If you do not agree to these terms and conditions do not continue to use this web site since your continued use or purchase constitutes your acceptance of these Terms and Conditions. Use of this web site is offered to users who are of an age legally capable of forming a binding contract and are a resident of the United States. If you do not meet these requirements you must leave and not access this web site. These Terms and Conditions may change or be updated from time to time without notice. It is recommended that you save the Terms and Conditions that are applicable at the time you place any order.
The effective date of these Terms and Conditions is June 1, 2019.
Us, we and Company means J 9, LLC, a California LLC, of 7514 Girard Ave. Suite 1333, La Jolla CA 92037; MGMT@ClassyShade.com . You and Customer means the person or entity using the web site and/or purchasing Company Product.
We authorize you a limited, discretionary, non-transferable, non-exclusive license to access and personally use our web site and its features. We may terminate this license at any time. We may modify, suspend or discontinue the web site at any time without notice. You understand and agree that all intellectual property right in, to and associated with this web site, and its content, including Patent, Copyright, Trademark (service mark, trade name), and trade secret rights are owned by us or our licensors and that your right to access and use the web site does not grant you any ownership or transfer any ownership in such rights.
We are the owner of US Patent NUMBERS: 9,642,422; 10,098,425; and other patent pending; and any patent which may issue therefrom relating to the products offered through this web site. We reserve all rights not expressly granted herein.
PRODUCT AND INFORMATION:
Product means the goods, products, devices and materials offered for sale through the ClassyShade.com web site, namely plant umbrella frames, plant umbrella canopies. plant umbrella frame extensions, plant umbrella frame bases, plant umbrella illumination devices, safety/security devices, special order canopies, planter sculptures, and tree ornaments. Product specification, pricing and availability are provided on the web site. Information means any information provided on the web site for any reason or purpose and such information is only provided for general reference.
The images of the products on the web site are for illustrative purposes. While we have attempted to display the features of the product accurately (e.g., color, size, shape, etc.) we cannot guarantee your display will accurately reflect the actual product. The packaging of the product may also vary from the images provided on the web site or the product itself.
All product shown on the web site is subject to availability. We will notify you as soon as possible if the product you are ordering is not immediately available and seek your instructions regarding a delayed shipment. Time is NOT of the essence of any obligation in these Terms and Conditions.
Our web site includes descriptions of our products. Our products are designed and manufactured to be free from defects in material and workmanship for a period of 90 days form the date of shipment. This representation does not apply to defect in the product arising from; ware and tear, willful damage, abnormal use, abnormal working conditions, accidents, negligence by you or a third party, your failure to properly operate the product, your alterations or repairs to the product, failure to properly maintain the product, and/or specifications you provided for special order product.
All pricing for products offered through this web site are the Recommend Retail Price and is subject to change. We have the right to correct any incorrect pricing prior to acceptance of your order or to decline or cancel such order even if such order has been confirmed or payment made. If payment has been made and we cancel the order prior to shipment we will credit your account in the amount of the charge for such cancelled, or partially cancelled, order. The product price reflected on the web site does not include handling, or shipping charges. The product price reflected on the web site does not include any tax, fees or charges of any governmental agency or any other charges incidental to the sale of the product.
We shall send you an Order Conformation that reflects the specifics of your purchase. Your orders is not accepted until the product is shipped. You agree that we can cancel all or part of your order in our discretion and your sole and exclusive remedy is that we reimburse your account in the amount charged and paid for the cancelled portion of the order or that we not charge your account for such cancelled portion of your order where the amount has not been paid. You may use any credit in your account for any subsequent purchase.
You agree that your payment shall be made at or prior to the time of shipment. You may tender cash or check payment or agree and authorize us to debit your authorized account (e.g., credit card or debit card) for such payment. You also agree and authorize us to charge your account all handling, or shipping charges plus all taxes of any governmental entity and any other incidental charges. All charges associated with your purchase will be reflected on our invoice to you. Please note that payment and/or acceptance thereof does not signify our acceptance of your order.
Any shipping or delivery date is only an estimates. We reserve the right to make deliveries in installments. We will send you a Shipping Notice when your order or partial order has been shipped. Such shipping signifies our acceptance of your order for such shipped product.
Returns are only available to the original purchaser of products from us. The Return policy is limited to product purchased from us and used in a home setting by the occupant. Approved returns require you to provide us model, order date, shipping date, delivery date, invoice and information supporting the purpose of the return.
Delivery of Damaged Product: If the product arrives damaged we will accept return of the damaged product provided we confirm that the product was damaged when received and that the damaged product is returned in accordance with instructions provided to you by us from “SERVICE@ClassyShade.Com” Your sole and exclusive remedy is that we, in our discretion, will repair or replace the damaged product. You must return the damaged product within 14 days of the shipment date. Returned product must be unused . You are responsible for all costs associated with shipping and handling that relates to the product being returned. We may dispose the returned product as we, in our discretion, determine. Return of product not authorized for return will not be replaced and we may dispose of such unauthorized returned product as we, in our discretion, determine.
Unacceptable Product: If the product that arrives is unacceptable for any reason we will accept return of unacceptable product provided the product is returned within 14 days of the shipment date with your description as to why such product was unacceptable. Returned product must be unused. The return must be in accordance with instructions provided to you by us from “SERVICE@ClassyShade.Com” You are responsible for all charges associated with the shipping and handling that relates to the product being returned. We may dispose the returned product as we, in our discretion, determine. Return of product not authorized for return will not receive a return credit as outlined below and we may dispose of such unauthorized returned product as we, in our discretion, determine.
Reimbursement Credit: The amount of reimbursement credit for the return of unacceptable product shall be applied against the confirmed payment of the invoice price for the approved returned product less a 25% restocking fee including any paid, pro-rate, taxes. There is no reimbursement of shipping or handling charges. The reimbursement credit may be applied against any other purchases of product from us.
Defective Product: If, within 90 days from of the shipment date, product, which is determined to be defective in material or workmanship, may be returned provided you notify us of the defect with in such 90 day period. The return must be in accordance with instructions provided to you by us from “SERVICE@ClassyShade.Com” Your sole and exclusive remedy is that we, in our discretion, will repair or replace the defective product. You are responsible for all charges associated with the shipping and handling of the returned product. Return of product not authorized for return will not be repaired or replaced and we may dispose of such unauthorized returned product as we, in our discretion, determine.
These Terms and Conditions and the subject matter thereof (the products offered through our web site) shall be governed by the laws of the United States and of the State of California without reference to conflicts of law principles. Any dispute of any kind arising out of these Terms and Conditions or matter thereof shall be commenced and resolved in the County of San Diego, State of California. We both irrevocably submit to such location for resolution of any such dispute.
You agree that any dispute relating to these Terms and Conditions or the subject matter thereof shall be resolved by binding arbitration under the rules of the American Arbitration Association before single neutral arbitrator selected in accordance with such rules. You understand you are waiving your right to have a court hear such dispute. Either you or we may initiate such arbitration. The party filing the arbitration shall pay all filing, administration, and arbitrator fees relating to the arbitration. The arbitrator may award any relief that would be available in a court proceeding including injunctive relief, declaratory relief, specific performance and attorney’s fees. The remedies relating to Returns shall be the sole and exclusive remedy that is available to you.
Our web site may contain advertisements and/or sponsorships of third parties. The advertisers and/or sponsors that provide these materials are solely responsible for insuring that the materials submitted for inclusion on this site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any of such advertisers or sponsors.
User content means any and all information you tender to us for use on the web site. You are solely responsible for such content and assume all risks associated with use of your content including reliance by anyone on its accuracy, completeness, usefulness or disclosure which makes you or any third party identifiable. You hereby affirm, represent and warrant that you have the authority to permit use of such content and your content does not violate any law or regulation relating to or associated to such content. You may not state or imply that such content is approved by, sponsored by, endorsed by, or provided by us.
Your submission of any such content to us is your representation and warranty that you have the right and authority to grant us an irrevocable, nonexclusive, royalty free, and paid up world wide right and license to reproduce, distribute, display, perform, prepare derivative works, incorporate into other works, and otherwise use such content and to grant sublicensee thereto for any purpose. You irrevocably waive any claim of publicity, moral rights, or attribution with respect to such content.
You express agree that any submission of content shall be non-confidential and non-proprietary and that you will not submit any information or idea that you consider to be confidential or proprietary or that you have any expectation of compensation for use by us.
You agree to indemnify us and hold us harmless against any costs, including attorney’s fees and/or damages of every kind in the event of your failure to comply with the above
THIRD PARTY SITES:
Our web site may contain links to other third party web sites. Such third party web sites are not under our control and we are not responsible in any way for any third party web site. You should make what ever investigation of any such third party web site that you consider necessary to protect you, your equipment and your information.
You shall indemnity us from and against any claim brought by a third party against us for any reason including infringement, breach of contract, personal injury or damage to property to the extent caused by you and/or your permitted user’s acts or actions. A permitted user is someone who has access to product over which you or said third party has control and where you permitted, intentionally or inadvertently access to the product to said permitted third party.
COMPLIANCE WITH LAW:
You shall comply with all state, federal and local laws and regulations relating to or associated with your access to and use of the web site and to the product offered through the web site.
This warranty is only available to the original consumer of our products and only for home use of our products. This warranty does not extend to any person other than those expressly identified herein.
The information provide in our web site is general information and may not be complete, accurate, reliable, or useful and such information may not be free of destructive code (viruses). You must take those steps you consider necessary or appropriate to protect your system and data from damage. The content of our web site is provided “as is.”
WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, THAT OUR WEB SITE IS SECURE OR SAFE FROM DESTRUCTIVE CODE OR THAT THE INFORMATION AVAILABLE ON OUR WEB SITE IS TOTALLY FREE FROM ERRORS OR DEFECTS.
WE SHALL NOT BE LIABLE FOR ECONOMIC LOSS, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO THE DATA PROVIDE BY OUR WEB SITE OR THE PRODUCTS SOLD THROUGH OUR WEB SITE. EXCEPT AS OTHER WISE SPECIFICALLY PROVIDED OUR TOTAL LIABILITY FOR ANY REASON, SHALL BE LIMITED TO THE THOSE FEES AND COSTS THAT ARE ITEMIZED ON THE INVOICE FOR THE PRODUCTS UPON WHICH ANY PURPORTED CLAIM MAY BE BASED.
THERE IS NO IMPLIED OR STATUTORY WARRANTY, OR WARRANTY OF CONDITION, OR WARRANTY OF MERCHANT ABILITY, OR WARRANT OF FITNESS FOR A PARTICULAR PURPOSE.
The warranty specific herein is not assignable or transferable in any manor.
The Limited Warranty provided herein is exclusive and is in lieu of all other warranties, conditions or guarantees, whether written, oral, implied or statutory. No warranty of any kind extends to anyone other that the original consumer.
CLASS ACTION WAIVER:
BOTH YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR OTHERWISE, WILL BE CONDUCED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, OR AS A CONSOLIDATED OR REPRESENTATIVE ACTION.
If a court or arbitrator determines that this Class Action Waiver is unenforceable in any way for any reason, the arbitration agreement shall be void as to you. In such case both you and we each expressly agree to WAIVE ANY RIGHT TO A JURY TRIAL.
These Terms and Conditions shall remain in full force and effect while you use the Web Site and/or purchase products from us. We may, in our sole discretion, terminate your right to access or use the Web Site. Upon the termination your right to access or use the Web Site shall terminate immediately. All provisions of these Terms and Conditions, to the extent relevant, shall survive termination of the Agreement.
These Terms and Conditions may, in our sole discretion, be revised form time to time. We will update these Terms and Conditions and shall post said revisions and the date thereof on the web site. Any such revisions shall be immediately effective. Continued use of our web site shall indicate your acknowledgement and approval of such changes and your agreement to be bound by such revisions.
This is the entire understanding between you and us regarding the access and use of the web site and the purchase of products through the web site.
Our failure to exercise any provision of these Terms and Conditions shall not operate as a waiver of such provision.
If any provision of these Terms and Conditions is deemed to be illegal or unenforceable, the remainder of these Terms and Conditions shall continue to be fully valid and enforceable.
These Terms and Conditions and your rights and obligations herein may not be assigned or transferred in any way.
Neither party shall be liable for any failure to perform or delayed performance to the extend such failure arises from acts of God, war, civil insurrection or disruption, riots, government acts or regulations, strike, lockouts, labor disruption, cyber or hostile network attacks, inability to obtain raw or finished materials, inability to secure transport, any court imposed injunctive restriction, or any cause beyond such party’s reasonable control.
This is the entire agreement between the parties, No proposal, purchase order, order conformation, acceptance, or any other document, trade custom, verbal comment, convention of operation between the parties shall amend these Terms and Conditions. These Terms and Conditions may only be amended by the expressed written approval and consent of us.