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TERMS & CONDITIONS FOR BUYING ON COOKIEJARCOLLECTION.COM
1. Governing Terms and Conditions
By registering with CookieJarCollection.com you have agreed that all of the content, including terms, conditions, policies, procedures and guidelines,collectively referred to as the "Terms and Conditions" and also called "Terms of Use", in this website shall govern the purchasing of items through our online ecommerce efforts. You also agree to accept all of these provisions without change. These provisions create legally binding obligations. The words "you" and "your" refer to Buyers and prospective Buyers, collectively sometimes called "Buyers". The words "we", "us", and "our" refer to CookieJarCollection.com, while the words "property" or "item", refer to the property offered by CookieJarCollection.com for sale on this website.
2. Role of CookieJarCollection.com
The CookieJarCollection site is a venue to bring the Thomas Family Cookie Jar Collection, and other goods, and Buyers together for the purpose of selling the phyical collection in part or in whole .
3. Registration and Passwords
In order to register, Buyers must use their real name, telephone number, e-mail address, and physical or mailing address. They must also truthfully provide all of the other information requested for registration. Only those who have made acceptable payment arrangements for purchases in accordance with CookieJarCollection.com's acceptable forms of payment, will be permitted to purchase. User names and passwords may be used to gain access to any of CookieJarCollection.com's avenues for purposes of buying, confirming transactions, and reviewing or editing your account information.
4. Verification and Credit Information
Buyers hereby authorize CookieJarCollection.com to communicate registration and payment information to 3rd parties as needed to confirm the accuracy of information that you have supplied and to authorize transactions through your bank or credit card company.
5. Changes in Terms and Conditions of Sale
Please note that the Terms and Conditions may be changed from time to time. It is your responsibility to check the Terms and Conditions of the website. Information on this site may also change in the future and changes will be effective immediately. You should therefore review the information carefully each time you log on for online purchases. Current information is available on the site under the link "Conditions of Use" which is throughout the site. Revised terms and conditions will become part of the conditions for online purchases and will be binding on you, whether or not you are aware of such changes. It is your responsibility to ensure that you are buying with an awareness of the most current information and terms. By buying online, you are agreeing to accept these responsibilities. Please carefully read the Conditions of Sale included in the Terms and Conditions and CookieJarCollection.com’s Shipping and Return Policies and Payment Methods appearing on most pages and all other information contained in this site.
6. Intellectual Property Rights and Limited License to Use
CookieJarCollection.com is the exclusive owners and/or authorized licensees of all intellectual property rights, including copyright and other rights, in the online catalogue of items and digital images, in software used in or on this site, unless GNU, and in the compilation of all visual and audio information, text and illustrations contained in the online catalogue and in this site. These rights are protected by applicable federal and state laws and international conventions. It is unlawful for anyone to copy, reproduce or transmit such software, information, text or illustrations or to use our trademarks, without our specific written consent. You are granted a limited license to make personal use of this site solely to purchase items being offered at this site and for other purposes strictly related to your participation in these online purchases, and for no other purpose.
7. Buying
There are no fees associated with browsing items. Once made, sales are binding on the Buyer and are not retractable. By purchasing an item, you agree to be bound by the Terms and Conditions.
We are not responsible for sales of items for any reason whatsoever, including without limitation, by reason of technical problems or disruptions in service.
If you purchase an item, you will be responsible to pay the full purchase price of the item, which will include the price of the item packing, shipping, insurance and other charges, if applicable, as set forth in these Terms and Conditions unless special arrangements have been agreed upon by CookieJarCollection.com You should follow the procedures set forth on any of the CookieJarCollection.com's webpages. All prices, and charges are quoted in U.S. Dollars. We shall have no responsibility for any malfunction of email or the ecommerce system or other problems in communicating with any areas of this site.
Appropriate law enforcement agencies may be notified of conduct that is believed to be a violation of state, federal or international law. We will cooperate with law enforcement investigations to ensure that those violating state or federal laws are prosecuted to the fullest extent of the law.
8. Eligibility Buying Online
Only persons who are legally permitted under applicable law to enter into contracts and participate in online buying are allowed to access and use this site. Minors and others not permitted under their state laws to enter into legally binding contracts or participate in online buying are not permitted to use this site.
9. Fraudulent or Improper Conduct
You agree at all times to comply with applicable laws and not to use this site for any unlawful or improper purpose. You are not permitted to register under a false name, use another person name or password, give false information or supply false credit information. You agree not to send emails, commercial or otherwise, to CookieJarCollection.com or Buyers, except as provided for by the Terms and Conditions. CookieJarCollection.com reserves the right to terminate any Buyer's account that does not comply with these Terms and Conditions.
10. Indemnity
You agree to indemnify and hold harmless CookieJarCollection.com and our affiliates, directors, officers, agents and employees from and against any and all claims, liability, loss, damage and expense, including without limitation reasonable attorneys' fees, arising out of or related to any breach of your obligations under the Terms and Conditions or a violation by you of law or the rights of third parties.
11. How To Access Or Correct Your Information
You can access all of the information that we collect online from you and maintain in our system by logging in and clicking on "My Account" link.
You can update information and correct errors in your personal information yourself in the area mentioned above. It is your responsibility to ensure that your personal information is current.
How To Contact Us
Should you have other questions or concerns, please call us at 707-793-2324 or send an email to tj@CookieJarCollection.com
CONDITIONS OF SALE
1. General.
The CookieJarCollection site is a venue to bring the Thomas Family Cookie Jar Collection, and other goods, and Buyers together for the purpose of selling the physical collection in part or in whole. Such transactions are fully subject to the Terms and Conditions applicable to the CookieJarCollection.com site. We will provide a system to capture information necessary to facilitate the purchase of items. This means that we will administer the collection of all pertinent information including Buyer's name, address, email address, phone number and method of payment from the Buyer and forward this information via Secure Socket Layer (SSL) to 3rd party vendors for payment authorization.
2. Purchase Price.
A Buyer purchasing an item through CookieJarCollection.com shall pay to the amount of the Full Purchase Price as provided in these Terms & Conditions. "Full Purchase Price" is defined as (i) the price of the item (ii) packing, shipping transportation and insurance charges and (iii) any other amount due from the Buyer as provided in these Terms and Condition and/or as agreed to between the Seller and the Buyer during the procedure for consummating the sale or as posted during the checkout process.
3. Descriptions of Property and Disclaimer
All items have been photographed and said pictures are posted of the actual items for sale. CookieJarCollection.com is responsible for the descriptions and price estimates of the Property and any statements concerning the value, characteristics, quality, authenticity, condition, title or other information about the Property. Webmaster shall have no responsibility or liability with respect to inaccurate or incomplete information or otherwise with respect to the acts or omissions of Sellers, and as between the Buyer and CookieJarCollection.com, the Buyer agrees to assume such risks. Except as otherwise specifically stated below or required by applicable law, all Property is sold AS-IS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED BY THE SELLER, except to the extent that any implied warranty of title is imposed on the Seller by law. Some states do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you. Warranties give you specific legal rights and you may also have other legal rights that vary from state to state. Any property that has damage listed can be seen in the picture. If not, Buyer should contact CookieJarCollection.com and request viewing of pictures which represent the listed damage. It is Buyers responsibility to do such to purchase. Should the item described state possesion of a specific mark, stamp, signature or insignia, and such is not shown in picture represented, Buyer should request such a picture as proof of statement.
No representation, express or implied, is made by us as to whether or not a Buyer will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to, the Property.
4. Payment and Delivery
At checkout, notification is sent by email to the Buyer.
Shipping shall include insurance and tracking so that the date of delivery is identifiable. Seller shall allow the Buyer a period of at least 48 hours once the item is received to inspect the item for compliance with the description provided in Seller’s listing and three business days to package and ship the item for return. There will be a Restocking fee of $15.00 per item.
If Buyer refuses acceptance, merchandise shall be returned to Seller as outlined in the return policy. Buyer will be responsible for paying shipping charges to return the item to the Seller along with restocking fees. In the event Buyer refuses acceptance, Seller shall contact the Buyer to see if there was a problem and work with the Buyer to rectify the situation.
After Seller has received the Full Purchase Price from the Buyer, and Seller has shipped the item, the item will move to Buyer's Purchase History in Buyer’s account area.
Title and risk of loss shall pass to the Buyer when the Seller delivers the Property to the Shipper for delivery. The Buyer through the shipper shall process any loss, theft, or damage from that point in time. Notwithstanding the foregoing, the Seller shall lend reasonable assistance to the Buyer in resolving any such claims with the shipper and/or the insurer.
5. Remedies for Breach by a Buyer
If the Buyer fails to comply with its obligations under the Terms and Conditions, in addition to all other rights and remedies available by law to the Seller, including recovery of the Full Purchase Price and other damages, the Seller may elect to cancel the transaction and/or resell the Property. Such other damages include the right to hold the Buyer liable for all costs of enforcing rights under the Terms and Conditions, which include, but are not limited to, costs of collection, costs of reselling the Property, handling charges, late fees, travel expense, commissions and reasonable attorneys' fees and expenses.
6. Requirements Imposed by Law and Indemnification
Disputes between the Seller and Buyer are to be resolved between the parties. Sellers and Buyers should understand that applicable laws, rules and regulations of their respective home states, other states having a relation to the transaction, and/or of federal law may apply to give the parties rights beyond or different from those set forth in the Terms and Conditions. Such rights might include, but are not limited to, the right to know the identity of parties to a transaction, to receive notification of certain rights, to receive certain warranties or other recourse in connection with a purchase and sale transaction or otherwise. It is the obligation of the respective parties to comply with these laws, rules and regulations. CookieJarCollection.com and Buyer participating on the website hereby agrees to indemnify and hold us harmless from and against any and all claims, liabilities, losses, damages and expenses, including reasonable attorneys' fees, relating to the failure of such party to comply with any such law, rule or regulation.
7. Governing Law
The agreement between Buyer and CookieJarCollection.com, including the Terms and Conditions, is a contract under the laws of the State of California and shall be construed in accordance with and governed by the laws of the State of Ca (excluding its conflicts of laws rules). Buyer consents and agrees that any suit for theenforcement of such contract or any other agreement between Buyer and CookieJarCollection.com shall be brought in the Ca state courts, in ContraCosta County. Buyer hereby waives any objection that Buyer may now or hereafter have to the venue of any such suit or any such court or that suit is brought in an inconvenient court.
8. Limitation of Liability
To the greatest extent permitted by applicable law, in no event shall we be liable for damages of any kind, whether classified as direct, indirect, special, incidental, consequential (including for loss of profits or revenues or data) or otherwise, and whether in contract, tort, negligence, strict liability or otherwise, arising out of, resulting from or in any way related to any transaction occurring on this site, any breach by CookieJarCollection.com or Buyer, the use or inability to use this site, or any other matter contemplated by the Terms and Conditions, except to the extent the law does not permit such an exclusion of liability.
9. Miscellaneous
Severability. If any provision or portion thereof of the Terms and Conditions shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.
No Assignment. The Buyer may not assign his, her or its rights or obligations with respect to transactions on this site and any such assignment shall not be effective.
Notices. To be effective, notices to us relating to the Terms and Conditions or transactions consummated or contemplated on this site shall be given by certified mail, return receipt requested, to:
CookieJarCollection.com
1125B Arnold Dr.#143
Martinez, CA 94553
with a printout copy of any documentation to be retained by the sender and available to us at our request.
Complete Agreement and Binding Agreement. The Terms and Conditions contain all of the provisions applicable to the agreement between us, on the one hand, and each Buyer, on the other, with respect to the subject matter of the Terms and Conditions. The provisions of the Terms and Conditions supersede and extinguish all other agreements, representations or understandings, whether prior or contemporaneous, or oral or written, between the parties concerning that subject matter except for Sellers’ Policies which are hereby integrated into the Terms and Conditions as well as the General Terms. The Terms and Conditions shall be binding on the parties, heirs, beneficiaries, executors, successors and assigns.
Paragraph Headings. Paragraph and subparagraph headings are included in the Terms and Conditions for ease of reference and should not be used to interpret the meaning of the substantive provisions.
Copyright (c) 2004. CookieJarCollection.com All rights reserved. |
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