WEBSITE TERMS OF USE AND TERMS & TERMS AND CONDITIONS OF SALE

 

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  THIS WEB SITE (ÒSITEÓ) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF USE OF WEBSITE AND TERMS AND CONDITIONS OF SALE (COLLECTIVELY REFERRED TO HEREIN AS THE ÒTERMSÓ) SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PROMPTLY EXIT THIS SITE. 

 

Website Terms of Use

 

  1. Restrictions on Use.  All pages within this Website and any material made available for download (collectively the "Site") are the property of Stirling Skye Designs, Inc., a California corporation ("SSDIÓ) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of SSDI. This Site is only intended for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by SSDI.

 

  1. Advertising Disclaimer and Trademark and Copyright Notice. ÒPink-a-NoseÓ and other trademarks, service marks, logos and designs   referenced on this Site are the logos, trademarks, service marks and copyrighted property of SSDI.  All trademarks, service marks, registered trademarks, tradenames, brands and brand names appearing on this Site are the sole property of their respective owners, which may or may not be the same as SSDI. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by SSDI. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of SSDI or any third party, except as expressly granted herein or by written agreement between you and SSDI.  This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.  All content appearing on this Site is the property of SSDI [Copyright © 2007 Stirling Skye Designs, Inc., all rights reserved].  As a user, you are authorized only to view, copy, print, and distribute documents on this Site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: ÒCopyright © 2007 Stirling Skye Designs, Inc. All rights reservedÓ.

 

  1. Warranty Disclaimer.  THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.  SSDI, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.  Although SSDI  attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform SSDI so that it can be corrected. Information contained on the Site may be changed or updated without notice.

 

 

  1. Confidential and Proprietary Information. SSDI does not want to receive confidential or proprietary information from you through the Site except as expressly requested or required to order its products. Please note that any information or material sent to SSDI through the Site except as specified herein will be deemed NOT to be confidential.

 

  1. Links to our Site.  If you desire to provide a hyperlink from your Website to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement. 

 

  1. Links or Pointers to Other Sites.  SSDI makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-SSDI Website, please understand that it is independent from SSDI, and that SSDI  has no control over the content on that Website. In addition, a hyperlink to a non-SSDI Website does not mean that SSDI endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. 

 

  1. Choice of Law and Venue.  These Terms and Conditions are entered into in the State of California  and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Sonoma in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

 

  1. No  Unlawful or Prohibited Purpose.  As a condition of your use of this Site, you warrant to SSDI  that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.  

 

Terms and Conditions of Sale

 

These Terms (which includes both the terms of use of this Site, as set forth above, together with these Terms and Conditions of Sale) apply to the purchase and sale of products and services through this Site, including its sale of the Pink-a-Nose stuffed dolls and animals, as well as clothing, books, sundancers and any other products which SSDI may offer on the Site from time to time. By placing an order for any product or service from this Site, you agree to be bound by and accept all of the Terms. If you do not agree to these Terms, you should not obtain products or services from this Site. The Terms are subject to change by SSDI (also referred to herein as "us" or "we") without prior written notice at any time, in our sole discretion. The latest version of the Terms will be posted on this Site, and you should review these Terms prior to purchasing any product and services that are available through this Site. These terms and conditions of sale are also an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for goods or services through this Site.

 

  1. Order Acceptance and Cancellation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. We are primarily a manufacturer and we sell our products to end user customers or approved wholesalers and do not accept orders from dealers, exporters, or other customers who intend to resell the products which are offered on our Site absent our express written approval. We make every effort to maintain the availability of our Site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted, nor for any delays in delivery.

 

 

  1. Payment Terms and Sales Taxes. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We currently accept VISA, MasterCard, American Express, and Discover credit cards for all purchases, although the acceptable methods of payment are subject to change from time to time. We currently charges sales tax to you for merchandise ordered on this Site based on the applicable state sales tax rate and the location to which the order is being shipped.  By placing any order with SSDI, you represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.  All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products that we sell to and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.  Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

 

  1. Changes in Products and Pricing.  We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our Site.  All pricing for the products and services available on our Site is subject to change at any time in the sole discretion of SSDI. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

 

  1. Shipping Policy. We currently ship via Fed Ex Ground, the current charges and estimated delivery times for which are set forth on our Shipping and Return Policy.  All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.  At this time, we ship only to locations within the continental United States and not to Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands or any other international location. The risk of loss and title for all merchandise ordered on this Site pass to you when the merchandise is delivered to the shipping carrier.  Any projected shipping times provided by SSDI to you  is subject to change without notice and may vary from item to item. SSDI is not responsible for any delays in delivery. Any shipping time frame projected by SSDI or its shipping company or carrier is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.  There may be occasional delays beyond the projected or posted order processing time. These shipping terms are accepted by you by placing an order with us.

 

  1. Disclaimer and Limitation of Liability. Our responsibility for defects relating to the products and services available on our Site is limited to the procedures described in our return policy set forth below or on this Website.  ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.  IN NO EVENT SHALL WE OR OUR AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, DELAYS IN DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

 

  1. Warranty and Return Policy. ALL SALES ARE FINAL AND SELLER IS NOT REQUIRED TO ACCEPT RETURN OF ANY PRODUCTS,  EXCEPT AS EXPRESSLY PROVIDED HEREINBELOW REGARDING DAMAGED ITEMS.   NO RETURN OF PRODUCTS PURCHASED BY YOU PURSUANT TO THIS AGREEMENT SHALL BE PERMITTED, EXCEPT IN SPECIAL CASES IN WHICH YOU HAVE REQUESTED AND RECEIVED PERMISSION FROM SELLER TO RETURN THE PRODUCT, WHICH REQUEST BEEN GRANTED BY SELLER AS INDICATED BY ITS ISSUANCE TO YOU OF A RETURN AUTHORIZATION NUMBER (RMA). WHETHER TO ISSUE A RMA TO YOU SHALL BE IN SELLERÕS SOLE DISCRETION. NO RETURN WILL BE ACCEPTED BY SELLER WITHOUT A RMA. ALL RETURNS ARE SUBJECT TO A TWENTY PERCENT (20%) RESTOCKING CHARGE, EXCEPT IN THE CASE OF DAMAGED ITEMS. IN THE EVENT YOU RETURN PRODUCTS AFTER RECEIPT OF A RMA FROM SELLER, YOU REMAIN RESPONSIBLE FOR PRODUCTS UNTIL SELLER RECEIVES THEM. SHIPPING & HANDLING, DELIVERY AND SIMILAR FEES ARE NOT REFUNDABLE. THIS RETURN POLICY IS NOT A WARRANTY. SELLER RESERVES THE RIGHT TO INSPECT ALL RETURNED PRODUCTS UPON ITS RECEIPT OF THE SAME AND SELLER SHALL NOT BE REQUIRED TO CREDIT BUYER FOR ANY PRODUCT THAT IS NOT RETURNED IN THE SAME CONDITION AS IT WAS RECEIVED BY BUYER. ALL RETURNED PRODUCTS MUST BE IN THE SAME CONDITION AS BUYER RECEIVED THEM, UNWORN, IN NEAT, RESALABLE CONDITION AND APPEARANCE, TOGETHER WITH ALL ORIGINAL BOXES AND PACKING MATERIALS. ADDITIONAL RESTRICTIONS MAY APPLY.   You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.   If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pick up of the damaged merchandise.  DEFECTIVE returns can be returned directly to us within 30 days from the invoice date for, at our discretion, credit, replacement, exchange or repair. Questions regarding our warranty and return policies should be addressed via e-mail to pinkanose@pinkanose.com or by regular mail to Stirling Skye Designs, Inc., 535 Farmers Lane, Box #327, Santa Rosa, CA  95405. Attention: Merchandising. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our Site. 

 

  1. Acceptance of Product.   When the products purchased by you pursuant to this Agreement are delivered, you must inspect them promptly. You will be deemed to have accepted the Products by whichever of the following events occurs first: a. communication by Buyer or Your agent or employee to Seller of Your express acceptance of the products; b. use or disposal of the products, or some part of the products, by You; or c. expiration of five (5) business days after delivery of the products, unless before the expiration of that period, Seller receives a notice of rejection of the products from the Buyer.

 

  1.  Product Descriptions. The descriptions of products and services that are posted on our Site change from time to time. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We 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 cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

 

 

  1.  Safe Shopping Guarantee. Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our Site, simply notify your credit card provider in accordance with its reporting rules and procedures. If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability up to a maximum of $50.00. This guarantee applies to purchases made using our secure server (https: protocol). You can always order by telephone. Call us at (877) 544-3988 within the United States and Canada. We cannot accept orders from outside the United States or Canada as specified in these terms and conditions. No matter how you place your order with us, we want you to have a comfortable buying experience.

 

  1.  Privacy and Customer Information.  We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.  At any time you may update your customer account information by following the instructions posted elsewhere on this Site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.

 

  1. Service and Support. All requests for technical service and support with respect to the products and services available through our Site should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products. Should you have any other questions or concerns, you should contact us by e-mail at pinkanose@pinkanose.com or by mail at Stirling Skye Designs, Inc., 1535 Farmers Lane, Box #327, Santa Rosa, CA 95405, Attention: Merchandising. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.  Except as explicitly noted on this Site, the services available through this Site are offered by Stirling Skye Designs, Inc., a California corporation, located at 1535 Farmers Lane, Box #327, Santa Rosa, CA 95405. Our telephone number is (877) 544-3988 or (707) 544-3988. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.

 

  1. Force Majeure.  In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

  1. Entire Agreement and Other Documents. These Terms (which incorporate the Website Terms of Use by reference as set forth above), together with our Privacy Policy as posted on this Site,  constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and SSDI. To the extent that anything in or associated with this Site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence. 

 

  1. Statute of Limitations.  Any cause of action brought by you against SSDI or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

 

Thank you for doing business with Stirling Skye Designs, Inc.!  We value your business and hope that you enjoy using our website!