PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Vikki Smyth Inc Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Vikki Smyth, Inc. The
collective work includes works that are licensed to Vikki Smyth, Inc. Copyright
2003, Vikki Smyth, Inc , ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Vikki Smyth, Inc or purchasing Vikki Smyth,
Inc products. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with Vikki Smyth, Inc or to purchase
Vikki Smyth, Inc products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of this site
is strictly prohibited, unless authorized by Vikki Smyth, Inc. You further
agree not to change or delete any proprietary notices from materials downloaded
from the site.
Trademarks
All trademarks, service marks and trade names of Vikki Smyth, Inc used in the
site are trademarks or registered trademarks of Vikki Smyth, Inc
Method of Payment
Vikki Smyth Inc accepts Visa, MasterCard and American Express.
Cancellation Policy
Since Vikki Smyth Inc goods are made to order, in the event
of cancellation, Vikki Smyth Inc must be informed within 24 hours of submission
of order otherwise order is valid.
Shipping
Vikki Smyth Inc ships with UPS
Terms of Delivery
Since goods are made to order, Vikki Smyth Inc will ship the
goods in seven days or less, unless stated otherwise in which case Vikki Smyth
Inc will contact client.In the event a
product is on back order, client has full right to cancel order in which case
Vikki Smyth Inc will refund monies to client.
Return Policy
Vikki Smyth’s Ultimate Spread
platters are hand-made and have only the highest standard of quality control. Each
piece is manually inspected to ensure excellent craftsmanship and your ultimate
satisfaction. As Vikki Smyth Inc products are made to order,
Vikki Smyth Inc does not accept returns. In the event of a defective
product, Vikki Smyth Inc will offer a product exchange, but only after it is
determined defective by Vikki Smyth Inc. Defective product claim must be made within 5 days of delivery. Product must be unused and in its original box.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Vikki Smyth, Inc
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Vikki Smyth, Inc does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Vikki Smyth, Inc
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
Vikki Smyth, Inc shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Vikki Smyth, Inc has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Vikki Smyth, Inc product is mistakenly listed at an
incorrect price, Vikki Smyth, Inc reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Vikki Smyth, Inc
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled, Vikki Smyth,
Inc shall issue a credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Vikki Smyth, Inc without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Vikki Smyth, Inc may deliver notice to you by means of e-mail, a general notice
on the site, or by other reliable method to the address you have provided to Vikki
Smyth, Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but not
limited to the purchase of Vikki Smyth, Inc products) shall be in the state or
federal courts located in Los Angeles County, California. Any cause of action
or claim you may have with respect to the site (including but not limited to
the purchase of Vikki Smyth, Inc products) must be commenced within one (1)
year after the claim or cause of action arises. Vikki Smyth, Inc's failure to
insist upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. Vikki Smyth, Inc may assign its
rights and duties under this Agreement to any party at any time without notice
to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Vikki Smyth, Inc or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Vikki Smyth, Inc does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Vikki Smyth, Inc is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, Vikki
Smyth, Inc reserves the right to block or remove communications or materials
that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Vikki Smyth, Inc in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Vikki Smyth, Inc, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Vikki Smyth, Inc may
link to sites operated by third parties. However, even if the third party is
affiliated with Vikki Smyth, Inc, Vikki Smyth, Inc has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of Vikki Smyth, Inc. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, Vikki
Smyth, Inc seeks to protect the integrity of its web site and the links placed
upon it and therefore requests any feedback on not only its own site, but for
sites it links to as well (including if a specific link does not work).
All Vikki Smyth acrylic platters are made in the U.S.