Lavender Snow is a business located in Centennial, CO.
We are a for-profit business. You may contact us by e-mail LavenderSnowAngels@gmail.com.
This page (together with the documents referred to on
it) are the terms and conditions on which we supply any of the products
(Products) or services (Services) listed on our websites (our sites) to you.
These terms and conditions shall apply to the following site:
Please read these terms and conditions carefully
before ordering any Products from our sites. By ordering our Products, you
agree to be bound by these terms and conditions and you will need to accept
them, before completing your order, by clicking on the button marked “I
Accept” at the end of the order process. If you refuse to accept these
terms and conditions, you will not be able to order any Products from our
sites.
You may print a copy of these terms and conditions for
future reference. Print now.
1. Placing an order on our sites
By placing an order through our site, you agree that
you are legally capable of entering into binding contracts and are at least 18
years old.
After placing an order for our Products, you will
receive an e-mail from us acknowledging that we have received and accepted your
order. The contract between us (Contract) will only be formed when we send you
the acknowledgement email.
The Contract will only relate to those Products whose
dispatch we have confirmed in the acknowledgement email. If you have ordered
additional Products that are not listed in the acknowledgement email (for
example because they are currently out of stock / unavailable), these Products
will not form part of the Contract until dispatch of such Products has been
confirmed in a separate acknowledgement email.
2. Availability and delivery
Your order will be fulfilled by the delivery date set
out in the acknowledgement email or, if no delivery date is specified, then
within 30 days of the date of the Dispatch Confirmation, unless there are
exceptional circumstances.
If we have insufficient stock of a Product, you will
be notified of this as soon as possible after your order has been received. You
will be given the opportunity to wait until the Product is back in stock or
cancel your order and secure a refund in accordance with the appropriate terms
and conditions of this policy.
3. Risk and title
The Products will be at your risk from the time of
delivery.
Ownership of the Products will only pass to you when
we receive full payment of all sums due in respect of the Products, including
delivery charges.
4. Price and payment
The price of our products is the price in force on the
date and at the time on which we process your order. We make every effort to
ensure that the prices on our website are accurate.
Nevertheless, as our sites contain a large number of
Products it is always possible that, despite our best efforts, some of the
Products listed on our site may be incorrectly priced. We will verify prices as
part of our dispatch procedures so that, where a Product’s correct price is
less than our stated price, we will charge the lower amount when dispatching
the Product to you. If a Product’s correct price is higher than the price
stated on our site, we will inform you at the dispatch stage if the correct
price of any products you order is higher than that stated on the website, and
in such a case you may cancel the order if you wish to do so, or confirm that
you are happy to pay the higher price
All prices exclude tax (which is shown to you at a
later stage, but before completing your order) and delivery costs (which will
be added to the total amount due as set out in our Delivery).
Payment for all Products must be by credit card. We
accept payment with Visa, MasterCard and American Express.
5. Consumer rights and our refund policy – Products are handcrafted and customized in small batches. There are no returns or refunds. No exceptions.
6. Warranty and limitation of liability
We warrant to you that any Product purchased through
our sites is of satisfactory quality and reasonably fit for all the purposes
for which products of that kind are commonly supplied.
All other express or implied terms, conditions,
warranties or representations with regard to the Products, this website or any
information or service provided by us through this website are excluded to the
fullest extent permitted by law.
Our liability for losses you suffer as a result of
buying the Product(s) is strictly limited to the purchase price of the Product
you purchased.
This provision does not in any way exclude or limit
our liability for death or personal injury caused by our negligence, for fraud
or for fraudulent misrepresentation or for any other matter for which it would
be illegal for us to exclude or limit, or attempt to exclude or limit, our
liability.
We accept no liability for any failure to deliver, or
for any delay in delivering, the Product, nor for any defect or damage to the
Product that is caused by circumstances beyond our reasonable control.
7. Import duty
If you order Products from our sites for delivery
outside the United States, they may be subject to import duties and taxes which
are levied when the delivery reaches the specified destination. You will be
responsible for payment of any such import duties and taxes and we have no
control over these charges and cannot predict their amount. Please contact your
local customs office for further information before placing your order.
You must comply with all applicable laws and
regulations of the country for which the Products are destined. We will not be
liable for any breach by you of any such laws.
8. Written communications
Applicable laws require that some of the information
or communications we send to you should be in writing. When using our site, you
accept that communication with us will be mainly electronic. We will contact
you by e-mail or provide you with information by posting notices on our
website. For contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices, information and
other communications that we provide to you electronically comply with any
legal requirement that such communications be in writing. This condition does
not affect your statutory rights.
9. Notices
All notices given by you to us must be given to Lavender
Snow at LavenderSnowAngels@gmail.com.
We may give notice to you at either the e-mail or postal address you provide to
us when placing an order. Notice will be deemed received and properly served
immediately when posted on our website, 24 hours after an e-mail is sent, or
three days after the date of posting of any letter.
10. Transfer of rights and obligations
The contract between you and us is binding on you and
us and on our respective successors and assigns. You may not transfer, assign,
charge or otherwise dispose of a Contract, or any of your rights or obligations
arising under it, without our prior written consent. We may transfer, assign,
charge, sub-contract or otherwise dispose of a Contract, or any of our rights
or obligations arising under it, at any time during the term of the Contract.
11. Force majeure
We will not be liable or responsible for any failure
to perform, or delay in performance of, any of our obligations under a Contract
that is caused by events outside our reasonable control, including but not
restricted to, strikes, lock-outs, riot, terrorist attack, war, fire,
explosion, natural disaster, impossibility of the use of public or private
transport or public or private telecommunications networks or the acts,
decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be
suspended for the period that the force majeure event continues, and we will
have an extension of time for performance for the duration of that period. We
will use our reasonable endeavors to bring the force majeure event to a close
or to find a solution by which our obligations under the Contract may be
performed despite the force majeure event.
12. Waiver
If we fail, at any time during the term of a Contract,
to insist upon strict performance of any of your obligations under the Contract
or any of these terms and conditions, or if we fail to exercise any of the
rights or remedies to which we are entitled under the Contract, this shall not
constitute a waiver of such rights or remedies and shall not relieve you from
compliance with such obligations. A waiver by us of any default shall not
constitute a waiver of any subsequent default.
13. Severability
If any of these terms and conditions or any provisions
of a Contract are determined by any competent authority to be invalid, unlawful
or unenforceable to any extent, such term, condition or provision will to that
extent be severed from the remaining terms, conditions and provisions which
will continue to be valid to the fullest extent permitted by law.
14. Entire agreement
These terms and conditions and any document expressly
referred to in them represent the entire agreement between us in relation to the
subject matter of any Contract and supersede any prior agreement, understanding
or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract,
neither of us has relied on any representation, undertaking or promise given by
the other or be implied from anything said or written in negotiations between
us prior to such Contract except as expressly stated in these terms and
conditions.
Neither of us shall have any remedy in respect of any
untrue statement made by the other, whether orally or in writing, prior to the
date of any Contract (unless such untrue statement was made fraudulently) and
the other party’s only remedy shall be for breach of contract as provided in
these terms and conditions.
15. Our right to vary these terms and conditions
We may amend these terms and conditions at any time
and any revised version will be effective immediately that it is displayed on
our sites. You will be subject to the policies and terms and conditions in
force at the time that you order Products from us, unless any change to those
policies or these terms and conditions is required to be made by law or
governmental authority (in which case it will apply to orders previously placed
by you), or if we notify you of the change to those policies or these terms and
conditions before we send you the Dispatch Confirmation (in which case we have
the right to assume that you have accepted the change to the terms and conditions,
unless you notify us to the contrary within seven working days of receipt by
you of the Products).
16. Language
This agreement is drafted in the English language. If
this agreement is translated into any other language, the English language text
shall prevail.
17. Law and jurisdiction
Contracts for the purchase of Products through our
site will be governed by the laws of the State of Colorado. Any
dispute arising from, or related to, such Contracts shall be subject to the
non-exclusive jurisdiction of the courts of the State of Colorado.