Welcome to Painted Ivy, LLC. Website Use of the Painted Ivy Shop
By accessing and using the Painted Ivy Shop, you agree to and will be deemed to be bound by these Conditions, as well as any modifications to them issued by us and all applicable laws and regulations. If you do not want to be bound by these Conditions, do not access or use the Painted Ivy Shop.
When you access or use the Painted Ivy Shop, send e-mails to us, or receive electronic communications from us, you are, and consent to, communicating with us electronically. We may communicate with you by e-mail or by posting notices on one or more of the Painted Ivy Shop. You agree that all notices, disclosures, agreements, policies, and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
1.1 We may revise these Conditions at any time, without notice and at our sole discretion. Any such changes will take effect when posted on the Painted Ivy Shop and it is your responsibility to check the Conditions on each occasion you use the Painted Ivy Shop. Your continued use of the Painted Ivy Shop shall signify your acceptance to be bound by the latest Conditions.
2.1 For full details on shipping charges and estimated timeframes please visit our Shipping page. Information for particular items will also be provided when you place your order with us. We make every reasonable effort to deliver products within the estimated timeframes, but delivery may be delayed due to unforeseen factors.
2.2 Risk of loss and damage to products purchased passes to you on the date when the products are delivered. The risk of loss and damage and title for all products purchased by you and shipped directly by one of our vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
3.1 You can pay for your purchases using most major credit or debit cards, including Mastercard, Visa, Visa Debit, Maestro, Discover, and American Express, square, and using PayPal when you purchase through paintedivy.store.
3.3 We will take reasonable care to keep your order and payment details secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering through the Painted Ivy Shop.
4. Prices and Ordering
4.1 The price you pay is the price displayed on the Painted Ivy Shop at the time we receive your order, apart from if we discover an error in the price of products you have ordered, In those circumstances, we will inform you as soon as possible and give you the option of confirming your order at the correct price, or cancelling it. If you cancel and you have already paid for the products, you will receive a full refund. If we are unable to contact you we will treat the order as cancelled. While we try and ensure prices are accurate, the Painted Ivy Shop contain a large number of products and it is always possible that, despite our reasonable efforts, some of the products on the Painted Ivy Shop may be incorrectly priced.
4.2 All product prices shown on the Painted Ivy Shop are in U.S. dollars. Shipping and handling fees and applicable sales/use tax at the current applicable rate(s) will be itemized separately.
4.3 Products and services offered are available while supplies last.
4.4 Your order is an offer to us to purchase the product specified in the order. Our acceptance of an order takes place when we accept payment or dispatch the product, whichever is sooner, and your receipt of an order confirmation does not constitute our acceptance of an order. Prior to acceptance of your order, verification of information and approval of the order may be required, including without limitation anti-fraud checks. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We may refuse to accept an order where we cannot obtain authorization for your payment.
4.5 To view your order status, please go to your Customer Account section. This section will indicate available data regarding the processing and shipping status of your order.
5. Returns Policy
For information about returns, please go to the Returns section. In the unlikely event that you receive faulty or damaged goods, please contact us at firstname.lastname@example.org as soon as possible. Please see the Returns section for additional information regarding returning faulty/defective or damaged items.
6. Intellectual Property and Content
6.1 You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the software and all material or content (including without limitation photographs, graphical images, artwork, data compilations, audio and video material (“Content”)) provided on or through the Painted Ivy Shop is owned by or licensed to us. You are permitted to use the Content only as expressly authorized by us or our licensors.
6.2 You acknowledge and agree that the Content is made available for your personal non-commercial use and for shopping and ordering on or through the Painted Ivy Shop. You may only download and print Content for the purpose of using the Painted Ivy Shop, including making a purchase, and you may not delete or alter any copyright, trademark or other proprietary rights notices from copies of the Content. You further acknowledge that any other use of the Content is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, modify, publish, publicly perform, display, distribute, download, store, transmit, commercially exploit, or create derivative works of such Content.
7. Notice and Procedure for Making Claims of Copyright Infringement
7.1 If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide our copyright agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Painted Ivy Shop website, including the item number, if applicable;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
8. Availability of the Painted Ivy Shop
8.1 While we try to ensure that the Painted Ivy Shop are available at all times, we will not be liable if for any reason the Painted Ivy Shop are unavailable at any time or for any period.
8.2 Access to the Painted Ivy Shop may be suspended temporarily and without notice in the case of system failure, maintenance or repair, for the introduction of new facilities or for reasons beyond our control.
9. Submissions and conduct
9.2 You represent and warrant that you own or control all of the rights to the Submissions that you make, that the content is accurate, that use of the Submissions you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify us for all claims resulting from any Submissions that you supply
9.3 You may not (including aiding a third party to) interfere with our systems, restrict or inhibit the use or enjoyment of the Painted Ivy Shop for anyone else. You may not use the Painted Ivy Shop for any illegal activities, and you may not use the Painted Ivy Shop to publish, display, or distribute any material that is threatening, harmful, vulgar, abusive, obscene, unlawful, harassing, defamatory, an invasion of privacy, an infringement of the intellectual property rights of others, or otherwise objectionable or likely to infringe upon the rights of third parties, which shall be determined in our sole discretion. You understand that we may delete any Submissions, messages or posts you submit on the Painted Ivy Shop and that we may determine in our sole discretion violates these Conditions. We take no responsibility and assume no liability for any content posted by you or by any third party
10. Links to other websites and resources
10.1 To provide increased value and for the convenience of our customers we may provide links to other websites or resources operated by third parties, including our vendors, for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external resources or sites, and we do not sponsor, review or endorse and are not responsible or liable in any way, whether directly or indirectly, for (i) the privacy or security practices of such websites; (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; (iii) the use which others make of these websites; or (iv) for any damage, loss or offense caused or alleged to be caused to you, arising from or in connection with the use of or reliance on any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
11. Age of Users, passwords and security
11.1 We sell products, including children’s products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under the age of 18, you may use the Painted Ivy Shop only with the involvement of a parent or legal guardian. We are not liable for any damages that may result from a user’s misrepresentation of age. The Painted Ivy Shop are not intended for children under 13 years of age, and no one under age 13 is authorized to submit or post any information, including personally identifying information, on or through the Painted Ivy Shop.
11.2 You must ensure that the details provided by you on registration or at any time are true, accurate, current and complete. You can update your registration at any time at the Customer Account section of this website.
11.3 You are responsible for maintaining the confidentiality of any passwords or user names that you create and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account, username or password.
11.4 We reserve the right, without liability of any kind, to refuse service, remove or edit content, cancel orders, or to suspend, terminate or cancel your access to the Painted Ivy Shop in its sole discretion.
11.5 You agree to comply with all applicable laws, statutes and regulations regarding your use of the Painted Ivy Shop and your purchase of products or services through them.
12. Mobile Services
12.1 The Painted Ivy Shop may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from us, and access certain other features (collectively, the “Mobile Services”).Although we do not charge for Mobile Services, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your mobile carrier for all messages sent to you from us, our parents, affiliates or subsidiaries. Under no circumstances will we, our parents, affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address.
12.2 Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services.
12.4 In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages we intend to send to you are not sent to another person who acquires your former mobile telephone number.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY – THE PAINTED IVY SHOP
WHILE WE WILL USE REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED IN THE PAINTED IVY SHOP IS CORRECT, WE DO NOT WARRANT THE ACCURACY AND COMPLETENESS OF SUCH MATERIAL. WE MAY MAKE CHANGES TO THE MATERIAL, OR TO THE PRODUCTS AND PRICES DESCRIBED, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON OR IN THE PAINTED IVY SHOP MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIAL.
EVERYTHING IN OR ON THE PAINTED IVY SHOP IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE PAINTED IVY SHOP, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON OR THROUGH THEM INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY OR COMPLETENESS.. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE YOU WITH THE PAINTED IVY SHOP ON THE BASIS THAT WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS WHICH, BUT FOR THESE TERMS AND CONDITIONS, MIGHT HAVE EFFECT IN RELATION TO THE PAINTED IVY SHOP. WE MAKE NO WARRANTY THAT THE PAINTED IVY SHOP WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE PAINTED IVY SHOP ARE FREE OF COMPUTER VIRUSES OR BUGS OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE PAINTED IVY SHOP.
UNDER NO CIRCUMSTANCES WILL WE, OUR PARENT COMPANY, AFFILIATES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PAINTED IVY SHOP OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PAINTED IVY SHOP OR ANY ERRORS OR OMISSIONS IN THEIR CONTENTS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY – PRODUCTS AND SERVICES
14.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO ANY OF THE PRODUCTS OR SERVICES SOLD ON OR THROUGH THE PAINTED IVY SHOP, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THIS DISCLAIMER DOES NOT APPLY TO ANY REPRESENTATION MADE OR PRODUCT WARRANTY OFFERED BY THE PRODUCT’S MANUFACTURER.
14.2 UNDER NO CIRCUMSTANCES WILL WE, OUR PARENTS, AFFILIATES OR OUR SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA OR BUSINESS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS OR OTHERWISE ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE PAINTED IVY SHOP, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU (WHETHER IN TORT, CONTRACT OR OTHERWISE) EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
15.1 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable attorney’s fees and court costs) arising out of or relating to any breach of these Conditions by you, or your access or use of the Painted Ivy Shop.
16. Applicable law and jurisdiction
17. Miscellaneous provisions
17.1 You may not assign, sub-license or otherwise transfer any of your rights under these Conditions.
17.2 If any provision of these Conditions is found to be invalid, unlawful or for any reason unenforceable, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
17.3 If you breach these Conditions and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation in which you breach these Conditions.
17.4 These Conditions (including the policies referred to therein) are the only terms that apply to your use of the Painted Ivy Shop and the purchase of products and services from us. You acknowledge that you have not entered into this arrangement in reliance on any other statement, warranty or representation made by us or on our behalf.
17.5 Any reviews of products posted on paintedivy.store are the expression of opinions by individuals and do not represent our views.
Last updated: October 23, 2019