Terms & Conditions
This Terms of Sale Agreement (this �Agreement�) constitutes
a binding legal contract between you and The
Welcome Bag Company LLC (the �WBC�), the owner and operator of the Welcomebags.com website (the �Site�). By
ordering any product or service via the Site, you signify your acceptance of
this Agreement, as it may be amended or supplemented from time to time. Changes
to this Agreement will be effective when posted.
This Agreement is
intended to supplement the website
Terms of Use. The WBC takes the issue of
privacy on the Internet very seriously. View Your Privacy
Rights for details.
The following links are made available to help you find what you are looking for in our Terms of Sale:
Orders / Sales Tax
You may place your order on our Site at any time (subject to any planned or
unplanned periodic downtime).
With respect to U.S. Sales Tax, this is applied only to orders being
shipped to Colorado. Taxes are applied to the entire order including Shipping
& Handling, depending on the Colorado city
you are shipping to, as follows:
Orders shipped to Lafayette, Colorado
Current
Colorado state, RTD/CD/FD, Boulder County, and Lafayette
city sales taxes apply
Orders shipped to cities within Boulder County, Colorado other than
Lafayette
Current Colorado state, RTD/CD/FD, and
Boulder County sales taxes apply
Orders shipped to cities
in Colorado outside of Boulder County, but
within RTD boundaries
Current Colorado and RTD/CD/FD
sales taxes apply
Orders shipped
to cities in Colorado other than those included
above
Current Colorado sales taxes apply only
NOTE: States requiring sales
taxes on internet sales is subject to change. Orders will reflect the latest
requirements. The WBC will make customers aware of the tax
amount due at the point of purchase for all
items subject to sales tax.
International orders (outside the US) may be subject to Customs Duties & Taxes where applicable.
Product Description
/ No Refunds or Exchanges
We attempt
to describe the items offered on the Site as accurately as possible; however, we
do not warrant that the descriptions or other content on the Site are accurate,
complete, reliable, current or error-free. Given
that our products are custom made-to-order, all sales made through the
Site are final. No refunds or exchanges for items purchased through this Site
will be made.
Display
We have made every effort to display the
items featured on this Site as accurately as possible. Please note, however,
that the colors we use, as well as the display and color capabilities of your
particular computer monitor, will greatly affect the colors actually seen on the
screen. The Site cannot be responsible for the limitations of your monitor�s
display of any color or detail. For optimal viewing, we recommend setting your
monitor to 1024 x 768.
Payments and Disputed Payments
The WBC does not accept checks,
drafts, or money orders for orders submitted through the Site. Upon checkout, you will be provided with two methods for payment: 1)
online credit card payment, or 2) phone-in credit card payment. For option 2,
you have the choice of calling our toll free number (800-464-5480) or we
will phone you to receive payment information before finalizing the order. We
accept all major credit cards. You will
bear all costs associated with a disputed credit card charge which results in
action from the WBC's merchant account
provider, otherwise known as �chargebacks�.
Pricing
/ Shipping / Pricing Errors / Other Errors
Prices offered on the Site are quoted in U.S. Dollars. Such prices
do not include shipping and handling, expedited service, or sales taxes, if
applicable, which will be added to your total invoice price. You are
responsible for any shipping and handling charges and state and local sales or
use taxes that may apply to your order.
If the
amount you pay for an item is obviously incorrect, regardless of whether it is
an error in a price posted on this Site or otherwise communicated to you, then
we reserve the right, at our sole discretion, to cancel your order and refund to
you the amount that you paid. This policy will apply regardless of how the error
occurred.
Safe
Shopping & Security
View Your Privacy Rights
which describes our security procedures. Additional information on our secure shopping practices can be found in our Secure Shopping Statement.
Under the Fair Credit Billing
Act, your bank cannot hold you liable for more than $50 of fraudulent charges on
your credit card. If you bank does hold you liable for up to $50 for purchases
made fraudulently at the Site, the
WBC will reimburse you the full amount charged by your bank, but only if
the unauthorized use of your credit card resulted through no fault of your own
for purchases made at the Site. Check with your bank for more information about
its policies regarding fraudulent charges. In the event of unauthorized use of
your credit card, you may have to notify your bank or credit card provider or
otherwise fulfill certain conditions of your agreement with
them.
Order Status
Once you place an order, the WBC will send you a personalized email
within one business day and provide you with an order confirmation number. When
your order is shipped, the WBC will send
you a shipment confirmation email with the shipping carrier tracking number, if
available.
In addition, you can review the status your order(s)
online by logging in at Welcomebags.com (select �My Account�, log in, and click on the
"Order History"
button). If a carrier tracking number is available, you can click on the
carrier tracking number to view the detailed delivery status of your order. By
placing an order with the WBC, you consent
to receive email from the WBC regarding
your order. You can always contact us at 1-800-464-5480 if you have any questions concerning your
order.
Disclaimer of
Warranties
YOU HEREBY WAIVE ALL OTHER
REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY
LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF THE WELCOME BAG COMPANY. YOU ACKNOWLEDGE BY YOUR
USE OF THE WBC�S PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY
RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY
EQUIPMENT YOU USE IN CONNECTION WITH THE
WBC'S PRODUCTS. THE WBC EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH
HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED
BY 15 U.S.C. � 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON
EXPIRATION OF ANY EXPRESS WARRANTY.
Waiver and Limitation of
Liability
THE
WELCOME BAG COMPANY HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND
YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT THE WBC WILL NOT BE RESPONSIBLE OR LIABLE FOR
ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR
INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL,
BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER
CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT
AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE
CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. �
2301.
Follow all instructions and heed all warnings accompanying any
products associated with the Site. Some products, including those containing small pieces, rope, or ribbon may not be suitable for
children and should be kept out of the reach of children.
YOU AGREE NOT
TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF
ANY CLASS ACTION LAWSUIT AGAINST THE WELCOME BAG
COMPANY ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE
SITE.
Indemnification
YOU AGREE TO
DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS THE WELCOME BAG COMPANY FROM AND AGAINST ANY AND
ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS� FEES, ARISING
FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE
SITE.
Governing
Law and Venue
This Agreement, the entire
relationship between you and the WBC, and
any litigation or other legal proceeding between you and the WBC (whether grounded in tort, contract, law
or equity) shall be governed by and construed in accordance with the laws of the
State of Colorado, without giving effect
to its choice of law rules. This contract is fully performable in Boulder County, Colorado.
Effective Date: 06/2008
This Terms of Use Agreement and statement of certain Store
Policies (the �Agreement�) constitutes a binding legal contract between you
and The Welcome Bag Company LLC (the �WBC�), the owner and operator of the website
which can be found at Welcomebags.com (the
�Site�). Your use of the Site signifies and constitutes your acceptance of this
Agreement, as it may be amended or supplemented from time to time.
This Agreement is
intended to supplement the Terms of Sale agreement.
The WBC takes the issue of privacy on the
Internet very seriously. View Your Privacy
Rights for details.
The following links are made
available to help you find what you are looking for in our Terms of
Use:
General
Conditions of Use
The WBC hopes you enjoy the Site and use it
safely and constructively. Your use of the Site does not entitle you to
continue to use the Site. Your use of the Site is at the sole discretion
of the WBC, which may deny you further use
of the Site at any time, for any reason, with or without cause.
Your use
of the Site must always comply with applicable law. In particular, but without
limitation, you agree and represent not to use the Site to:
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Access
and Interference
Systematic retrieval of data from this site to
create or compile directly or indirectly, in whole or in part, a collection,
compilation, database or directory without the express written permission
of the WBC is strictly prohibited. You
agree that you will not use any robot, spider, other automatic device, or manual
process to monitor or copy our Web pages or the content contained herein without
our prior expressed written permission. You agree that you will not use any
device, software or routine to bypass any code which may be included to prevent
you from breaching the obligations in this paragraph or to interfere or attempt
to interfere with the proper working of the Site. You agree that you will not
take any action that imposes an unreasonable or disproportionately large load on
our or our host�s infrastructure.
You may not engage in the practices of
�screen scraping,� �database scraping,� or any other practice or activity the
purpose of which is to obtain lists of users, portions of a database, or other
lists or information from this site, in any manner or in any quantities not
authorized by the WBC. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of the WBC or its affiliates without prior express
written consent. You may not use meta tags or any other �hidden text�
utilizing the WBC's name or trademarks
without the express written consent of the
WBC.
Registration and Passwords
Registering with the Site provides you
many benefits. When you register with our Site, we will remember your
information for future use. This makes your experience on our Site easier and
more convenient. When you use the Site and sign in, you have easy access to
your order status and the convenience
of storing frequently used
shipping/billing addresses.
When
you register, you will be asked to select a username and password. If you forget either your username or password, the WBC can email
it to you provided that the email address you submit matches what we have on
file. Additionally, if you prefer,
you can also call 1-800-464-5480 for assistance.
In
consideration of your use of the Site as a registered user, you agree to: (a)
provide true, accurate, current and complete information about yourself as
prompted by the Site�s registration form, and (b) maintain and promptly update
the registration information to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or the WBC has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, the WBC has the right to
suspend or terminate your account and refuse any and all current or future use
of the Site (or any portion thereof).
Please refer to Your Privacy Rights to learn about what
information the WBC collects and why.
Changing/Modifying Your Account
We make it easy
for you to update your registration profile, address, your site password, and
other similar items . We have the following options for changing and modifying
information about your account.
You can call: 1-800-464-5480.
You can edit your account information by navigating to �My Account� and choosing �Modify Profile�
Intellectual Property Rights
The Site is
protected by copyright, trademark, trade dress and other intellectual property
rights.
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No part of this Site may be reproduced, used or appropriated
in any manner for any purpose without the express written consent of the WBC.
Third Party
Copyrights
The WBC respects
the intellectual property of authors and creators of visual images and we ask
our customers to do the same. A copyright exists in nearly all images and
artwork. Copyright vests in its owner the exclusive right to make copies,
publicly distribute copies, publicly display the work, and prepare other works
based on the original. Federal law provides both civil and criminal penalties
for violation of a copyright. The WBC and
its customers are each subject to the copyright laws.
You represent and
warrant that you possess all necessary rights to use the content that you submit
to the WBC through the Site, and that use
of such content does not violate the foregoing. You agree to defend, indemnify,
and hold us harmless from and against any and all claims arising out of or
relating to any content that you submit to us. By submitting content, you
automatically grant, or warrant that the owner of such content has expressly
granted, a royalty-free, perpetual, irrevocable right and license to use the
content in any manner that the WBC deems
appropriate, in our sole and exclusive discretion.
If you have any
questions, you should consult a lawyer who specializes in copyright
law.
Links to Other Sites
/ Framing this Site
The Site may contain links to third party
websites. Such third party websites are not under the control of the WBC. Please note that the WBCis not responsible for the accuracy or
content of websites of other providers, even if a link has been provided from
this Site. Accordingly, the WBC can
neither make a representation concerning the content of these sites to you nor
can the fact that the WBC has provided
this link serve as an endorsement by the WBC
of this or any other site. In creating hypertext links to any other
website, the WBC is not recommending that
website or giving any assurances as to its standing. The WBC is providing this link only as a
convenience to you. The inclusion of these links is not intended to reflect
their importance, nor is it intended to endorse any views expressed, or products
or services offered, on these outside sites, or the organizations sponsoring the
sites. The WBC makes no warranties,
explicit or implied, regarding the performance of the links, the performance of
the outside sites or the contents of the outside sites. If you decide to access
linked third party websites, you do so at your own risk.
You may not
frame or utilize framing techniques to enclose any portion of this Site
(including any image found on this Site, any trademark, logo, or other
proprietary information or any text or the layout/design of any page or form
contained on this Site) without prior express written consent.
Comments and Submissions
The WBC appreciates your comments, remarks,
feedback, suggestions, ideas and other submissions you disclose or transmit
directly to us (collectively, �Your Comments�). The WBC is not obligated to keep Your Comments
confidential or pay you or anyone else any money for Your Comments. Your
Comments shall become the property of the WBC
upon receipt, which means that the WBC
shall own all right, title and interest in and to Your Comments.
Indemnification
You agree to defend, indemnify, and
hold completely harmless the WBC and its
officers, directors, shareholders, agents, and employees from and against any
and all claims, damages, costs, and expenses, including without limitation
claims based upon the negligence of the
WBC, arising from or related to your use of the Site, the materials it
contains, and any sites linked to this Site. You further agree to Indemnify and
hold us, our subsidiaries or affiliates, and our officers, directors,
shareholders, agents, and employees harmless from any loss, liability, claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your negligence, breach of this Agreement, or violation of any
law or the rights of a third party or due to or arising out of your use of the
Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
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THE WBC MAKES NO WARRANTY THAT:
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NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBC OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY. THE WBC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
SO THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE.
Limitations and Exclusions of
Liability
IN NO EVENT SHALL THE WBC
BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL,
SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR
RELATING TO YOUR USE OF THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT THE WBC SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF THE WBC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
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THE WBC SHALL NOT BE
HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE
INFORMATION PROVIDED IN THIS SITE.
YOU AGREE THAT THE TERMS OF THIS
SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH
THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE
SITE OR MERCHANDISE ORDERED AS A RESULT OF INTERACTIONS WITH THE SITE.
IF
YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON,
OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, THE WBC'S LIABILITY TO YOU SHALL BE LIMITED IN
ALL INSTANCES TO AN AMOUNT NOT TO EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN
ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS
ACTION LAWSUIT AGAINST THE WBC ARISING OUT OF THE USE OF THE
SITE.
Modification
Because of the dynamic nature of the
Internet environment, the WBC may update,
revise, supplement, modify or amend this Agreement at any time. Any update,
revision, supplementation, modification or amendment shall be effective
immediately upon its posting on the Site. You agree that you will be bound by
this Agreement, however and whenever it is updated, revised, supplemented,
modified, or amended, whether you have actual or constructive notice of, and
whether you have used or continue to use the Site after the updates, revisions,
supplementations, modifications or amendments.
Entire
Agreement; Interpretation
This Agreement constitutes the entire
agreement between you and the WBC with
respect to your use of the Site. There are no other representations, warranties,
terms, agreements, or conditions, either written or oral, with respect to your
use of the Site except as set forth in this Agreement, and you agree that you
have not relied on any other representations, warranties, terms, agreements, or
conditions. The section headings used herein are for convenience only and shall
not be given any legal import.
The terms herein as they relate to any
services or merchandise made available on the Site are supplemented by our
statement related to Your Privacy Rights. To view this statement, click here.
Severability
If any provision of this Agreement
is deemed unlawful, void, voidable or unenforceable for any reason by any court
or other tribunal of competent jurisdiction, then such provision(s) shall be
reformed without further action by the parties to the extent necessary to make
such provision(s) valid and enforceable when applied to such facts or
circumstances, with the objective of achieving as nearly as legally possible the
same effect.
Governing Law and Venue
This Agreement, the
entire relationship between you and the
WBC, and any litigation or other legal proceeding between you and the WBC (whether grounded in tort, contract,
statute, law, or equity) shall be governed by and construed in accordance with
the laws of the State of Colorado, without
giving effect to its choice of law rules. Reasonable attorneys' fees and costs
will be awarded to the prevailing party in the event of litigation involving the
enforcement or interpretation of this Agreement.
This contract is fully
performable in Boulder, Colorado. Any litigation arising between the
parties hereto shall be brought only in the state or federal courts having
subject matter jurisdiction in Boulder
County, Colorado. You hereby
irrevocably and unconditionally consent to the jurisdiction of any such court
and hereby irrevocably and unconditionally waive any defense of an inconvenient
forum to the maintenance of any action or proceeding in any such court, any
objection to venue with respect to any such action or proceeding, and any right
of jurisdiction on account of the place of residence or domicile of any party
thereto.
Term
/ Termination
This Agreement will remain in full force and
effect while you use the Site.
The WBC
may terminate your right to use this Site, with or without cause at any
time in its sole discretion, including, without limitation, your violation of
this Agreement, failure to provide accurate registration data, and lack of use.
In the event of termination, all representations, warranties, indemnifications,
and promises made by you shall survive.
Waiver
The failure
by either party to enforce at any time any of the provisions of this Agreement,
to exercise any election or option provided herein, or to require at any time
the performance of the other of any of the provisions herein will not in any way
be construed as a waiver of such provisions.
Electronic
Communications
You consent to receive communications from us by
e-mail. You agree that all agreements, notices, disclosures and other
communications that we provide to you by e‑mail satisfy any legal requirement
that such communications be in writing. If you have other questions about how
we might use your e-mail address please click here and review Your Privacy
Rights.
Contact Information
If you have a comment,
question or request, or if you need to contact the WBC for any other reason, please click here.
Effective Date: 06/2008