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    Terms of Sale

    Last Updated Date: 03/26/2021

    Terms and Conditions for the Sale of Goods and Services through TO NAME A ROSE

    1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

    BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

    YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TO NAME A ROSE, (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW, OR (D) ARE A RESIDENT OR CITIZEN OF ANY MEMBER STATE OF THE EUROPEAN UNION OR THE EUROPEAN ECONOMIC AREA.

    These terms and conditions (these "Terms") apply to the purchase and sale of products and services through the To Name A Rose website located at https://www.tonamearose.com (the "Site"). These Terms are subject to change by Tamar Krakishyan d/b/a To Name A Rose, a California sole proprietorship (referred to as “To Name A Rose”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on our Website Terms of Use, and will affect any sales executed through the Site on or after that date. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

    These Terms are an integral part of the WebsiteTerms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policybefore placing an order for products or services through this Site (see Section 10).

    1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
    2. Prices and Payment Terms.
      • All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized on a display before you confirm your order and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
      • We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
      • The following terms may be used by us to communicate pricing information:
        • “Regular Price” references our normal price for a product or service.
        • "Sale" refers to a reduced price for a product or service.
      • Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept payments via 'Shopifypayments' on Shopify, including any payment method supported by this service provider and indicated on our Site, for all purchases. Payments through this payment method and its service providers may be subject to the provider’s terms of services, privacy policy, or other terms or provisions relevant to the transactions, so you should be aware of and agree to the rights and obligations included with those as may be applicable to your order. You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order, and (v) you agree to be bound by any terms or obligations placed by payment processors applicable to you and your order. We reserve the right to refuse or cancel orders from any individual, party, or account who repeatedly encounters processing problems related to provided payment information.
    3. Shipments; Delivery; Title and Risk of Loss.
      • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. We offer free standard shipping on all orders. You may order expedited shipping services at an additional cost, and you agree to all shipping and handling charges specified during the ordering process. Listed shipping and handling charges are an approximate reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
      • Title and risk of loss or damage for any ordered items pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
      • process time is estimated to ship your item is estimated only and cannot be guaranteed. 
    4. Returns and Refunds. For more information on returns, refunds, or exchanges, please see our Returns and Exchanges Page, which is hereby incorporated into these Terms by reference. Except for any products designated on the Site as final sale (including items on Sale or Clearance) or as otherwise non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is received by us within 15 days of the date on which the item is delivered to the address submitted with the order with valid proof of purchase and provided such products are returned in their original condition (with all original tags or packaging intact). Every item will be delivered with a “Return Form,” which must be fully completed and included with your return to the address listed on the Return Form in order to qualify for a refund or exchange. If you lose the Return Form included with your order, you may ask for a replacement by emailing us at shop@tonamearose.com. No returns of any kind will be accepted without a completed corresponding Return Form included in the return shipment, and no returns or exchanges of any kind will be accepted unless they adhere to the instructions on our Returns and Exchanges Page.

    You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore 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.

    Refunds are processed within approximately five business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

    For defective returns, please refer tothe manufacturer's warranty (see Section 6) included with the product or as detailed in the product's description on our Site.

    1. Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site may be covered by a manufacturer's warranty. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty. We accept no liability, fault, or involvement related to the fulfillment of a manufacturer’s warranty, and are not involved nor a party to any such transaction between you and a manufacturer.

    ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

    SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

    YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

    1. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

    OUR SOLE AND ENTIRE MAXIMUM LIABILITY , 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.

    The limitation of liability set forth above shall only apply to the maximum extent permitted by law.

    1. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
    2. Charitable Campaign Options.
      • We are excited to find ways to contribute to positive change within our communities and world. From time to time, we may offer you an ability to direct a portion of the proceeds from your order to certain charitable organizations or vendors (“Charity Program”). While participating in a Charity Program comes at no additional financial or monetary cost to you, participating in a Charity Program is not required to enter into a transaction with us. Participation in a Charity Program may be subject to additional terms or provisions that may apply to you, and you should visit the providers of any Charity Program to ensure you are comfortable accepting any additional terms that may apply to you. We do not facilitate Charity Programs (other than what is required of us to facilitate your participation) and make no representations, warranties, or guarantees related to the legitimacy, effectiveness, or appropriateness of Charity Programs. By participating in a Charity Program you agree that you have researched and find the relevant partner(s) appropriate for those purposes, and you agree to disclaim, waive, and old us harmless for any and all claims, liability, damages, or other harms related to your participation in the Charity Program(s).
      • We may be required to submit certain personal information about you to our Charity Program providers in order to ensure the Charity Program is carried out as intended if you choose to participate in a Charity Program. Upon your choice to participate in a Charity Program, you hereby instruct us and consent to sharing personal information, as is
    3. Privacy. We respect your privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
    4. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
    5. Governing Law and Jurisdiction. This Site is operated from California, United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

    Any legal suit, action, or proceeding arising out of, or related to, these Terms or any order placed through the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. We may freely assign our rights and delegate any of our obligations under these Terms at our sole discretion, so long as the material terms of your order are performed according to the details listed on the Site and in your Order Confirmation. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
    2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of To Name A Rose.
    3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
    4. Notices.
      • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
      • To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail. Alternately, you may give us notice under these Terms via email to shop@tonamearose.com. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Notices provided by email will be effective when received by us.
    5. Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any applicable jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement to affect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
    6. Entire Agreement. Our order confirmation, ourReturns and Exchanges Page, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.