SWAK Designs Terms and Conditions
° SWAKdesigns values you as a customer and your right to privacy. Except as may be otherwise required by law, SWAKdesigns will exercise commercially reasonable efforts to ensure that your personal information remains confidential and available only to SWAKdesigns, and its employees, agents, and contractors. SWAKdesigns will not sell your personal information to third parties.
° It is your responsibility to promptly notify your bank of any changes to your billing information, or of any loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable.
° Notwithstanding any statements on the web pages or these bullet points, the Terms and Conditions are the agreement between you and SWAKdesigns. By submitting each order at checkout, you confirm and affirm that you have read, understood and agree to the Terms and Conditions, of the form in which they appear at the time the order is submitted at checkout.
1. Offer and acceptance. By submitting a completed order form, you offer to purchase, on and pursuant to these Terms and Conditions and the order form, the items (collectively, "Product") you select and submit to SWAKdesigns. ("SWAKdesigns") for purchase via the order form. Your offer may be accepted by SWAKdesigns by sending you an electronic confirmation that your order has been received and accepted. It shall be in SWAKdesigns discretion to accept or reject your offer. If SWAKdesigns accepts your offer, these Terms and Conditions and the order form collectively constitute a legal agreement between SWAKdesigns and you governing your purchase of the Product from SWAKdesigns over the online shopping service.
2. Responsibilities. If SWAKdesigns accepts your order, SWAKdesigns shall, in return for your payment, provide the Product which you order through the online shopping service. The Product shall be delivered to you at the delivery address you designate. Your payment for the Product and shipping, including sales taxes and assessments, is due upon completion of your order on-line. SWAKdesigns will charge the payment to the credit card which you submit to SWAKdesigns, and will collect the payment from your bank. You authorize SWAKdesigns to make and collect such charge, and agree to make payment to SWAKdesigns if SWAKdesigns cannot collect the charge for any reason. The total amounts you shall pay for the Product per each order shall be the sums of the respective prices for the items you select and submit via the order form, plus all applicable sales taxes and shipping charges, as reported to you as the "TOTAL" in the order form.
3. Product Pricing and Shipping Charges. You will be charged the prices quoted for Products you have selected for purchase at the time you submit your order at checkout. If pricing for Products you have ordered changes after you place your order and your order is not yet shown as shipped in the order history page available to you on SWAKdesigns web site, you may cancel your order for the Products and place a new order for the Products. (Please note that SWAKdesigns will not notify you that pricing has changed, but you may re-visit the web site after submitting your order and learn that a change has occurred. If you find a pricing change, you may check the status of your order on the order history page of the site. If the order is not shown as shipped, you must cancel your order and place a new order to receive the changed pricing. If you do not cancel your order in such instance, your order will be filled and you will be charged the pricing shown on the web site at the time you submitted the order.) Shipping charges may also change from time to time, however; you will be charged the shipping charges quoted at the time you submit your order at checkout.
4. Communications. SWAKdesigns shall conclusively presume that online communications received from you through your use of the online order form and registration process are accurate, complete, and authorized by you as received by SWAKdesigns. You agree not to contest the validity and binding legal effect of those communications.
5. Shopper registration. You agree to complete the initial registration process according to SWAKdesigns requirements stated on the Web site, and to provide SWAKdesigns with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery addresses, and telephone number. You must provide SWAKdesigns with an accurate and complete credit card number and expiration date at the time of submitting your online purchase order. You represent and warrant to SWAKdesigns that your use of any credit card is authorized and legal.
6. Shopper information changes. It is your responsibility to promptly notify your bank of any changes to your billing information or loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable.
7. Substitution Policy. Although SWAKdesigns believes that it will have sufficient inventory to fill your orders, it is possible that certain Products may be unavailable, from time to time. In the event an item you have ordered is temporarily unavailable, SWAKdesigns will attempt to notify you and will fill the remainder of your order.
8. Product Information. SWAKdesigns will attempt to update Product nutritional and other Product information as and when changes come to the attention of SWAKdesigns. However, SWAKdesigns is not responsible for any inaccuracy or misstatement of any such information. You should read the Product information upon delivery.
9. Disclaimer of warranty. SWAKdesigns online shopping services are provided on as "AS IS", "AS AVAILABLE" basis, and SWAKdesigns does not provide any assurances of the availability or usability by you of the online shopping services. SWAKdesigns makes no representations or warranties, whatsoever, as to the substance, or the accuracy or sufficiency thereof, of any Product information listed on the web site. SWAKdesigns MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES, DELIVERIES, OR OTHERWISE.
10. Limitation of liability. SWAKdesigns shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of your credit card, or other consequence beyond the reasonable control of SWAKdesigns. Any liability of SWAKdesigns, its employees, affiliates, or agents, to you for damages, losses and causes of action, whether in contract, tort, or otherwise, either jointly or severally, shall be strictly limited to the aggregate dollar amount paid by you to SWAKdesigns in the twelve (12) months (or, if less, such shorter period of your use of the online shopping service) immediately prior to the claimed injury or damage.
11. Confidentiality. SWAKdesigns values you as a customer and your right to privacy. Except as may be otherwise required by law, SWAKdesigns (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with SWAKdesigns online shopping services or otherwise for SWAKdesigns general business purposes and (ii) will not sell your name, address or similar personal information to third parties or permit the use of such information outside the scope of the SWAKdesigns online shopping service or SWAKdesigns general business purposes. SWAKdesigns may, and reserves the right to, use and disclose internally within SWAKdesigns any aggregated information, including information you provide to SWAKdesigns, regarding SWAKdesigns customers and usage of the online shopping service, for any purpose.
12. Applicable law. These Terms and Conditions and the order form, collectively constituting the sole and entire agreement between SWAKdesigns and you regarding the online shopping services, are governed by laws of the State of California without regard to conflict of laws rules. The parties agree to jurisdiction and venue for any dispute hereunder solely in California.
13. Changes to Terms and Conditions. SWAKdesigns reserves the right to, from time to time, with or without notice to you, in SWAKdesigns sole discretion, amend the Terms and Conditions for use and purchases regarding the online shopping services. Any amendments by SWAKdesigns will be effective only as to orders you place subsequent to SWAKdesigns' revisions of these Terms and Conditions on the web site to reflect the amendments. SWAKdesigns will plan to notify you of any material amendments to the Terms and Conditions, however, it is your responsibility to review the Terms and Conditions prior to submitting each order and SWAKdesigns has no responsibility to notify you of any changes prior to effectiveness of the changes or otherwise.
14. Terms and Conditions Govern. These Terms and Conditions, as amended from time to time, shall be the sole terms of the agreement between you and SWAKdesigns regarding your online purchases. All statements otherwise made on the web site are intended only for your convenience and do not form and are not included in the terms for your purchase.
15. Taxes. If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must expeditiously report this to SWAKdesigns and you must timely pay such taxes or amounts.
16. SWAKdesigns' Right to Refuse Service. SWAKdesigns, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason.