Terms and Conditions
With You E-Commerce Inc. (“WYEI ”)’s, Terms & Conditions of Sale (“Terms”) is a legally binding part of WYEI’s sale and shipment to you the buyer, (“Customer”) of WYEI’s goods and products. These Terms shall apply to the purchase and delivery of any and all WYEI good(s) and product(s) and may be amended from time to time. By breaking the seal of the packaging containing WYEI’s goods and products Customer expressly agrees to be bound by these Terms.
CONDITIONS OF SALE
Goods and products included in the packaging are sold to Customer strictly for retail sale, and may not, under any circumstance:
be resold to other retailers;
be sold for international shipments imported back into the United States; and/or
otherwise sold in the United States, its territories and protectorates.
Such actions will invalidate any and all manufacturer’s warranty(ies) associates with such goods and products.
No cancellations or modifications will be honored for orders placed on our online sale. All purchases are final sales and absolutely no returns or exchanges will be accepted. All discount codes must be applied prior to checkout or they cannot be applied to the purchase total.
All sample sales, coupon / discount promotions & promotional sales are final sales. No returns or exchanges. Free shipping is not included. No sales, coupon or discount promotions can be combined with any other offer(s). Coupon / discount promotions cannot be used on previous purchases. No coupon / discount promotion(s) can be used to purchase gift cards.
The price payable by Customer will be the price WYEI sets forth in its Order Confirmation. Promotional discount codes cannot be combined with other offers unless expressly stated. WYEI reserves the right to determine the category of merchandise to which a given offer applies. Discounts will not apply to taxes or other fees. In the event of a sale or other promotion, no price adjustments will be made to previous purchases.
PAYMENT AND SETTLEMENT
Payment is due immediately upon receipt of WYEI’s good(s) and product(s), unless stated otherwise by WYEI. In case Customer does not make payment(s) owed as set forth on the Order Confirmation and Invoice, Customer will have defaulted and breached this Agreement.
Visa®, MasterCard®, American Express, and Discover will be accepted by WYEI.
Customer will indemnify WYEI against any and all costs, losses and expenses incurred by WYEI as a result of cancellation.
Customer’s statutory right to set-off, if any, only applies to undisputed or judicially finally adjudged counter-claims. Any statutory rights of withholding by Customer, e.g. defective goods, will only apply to said counter-claims which arise out of the same contractual relationship with WYEI.
SHIPMENT & DELIVERY
FREE UPS GROUND SHIPPING WITHIN THE U.S.
Free shipping is not included when using discount code(s) / promotional code(s).
Free shipping is not included on Online Sample Sales.
Shipment, delivery, place of performance and payment is New York, New York. Risk of damage to or loss of goods passes to the Customer on delivery, FOB origin.
Where goods are supplied for export, Customer is responsible for complying with any and all import regulations in the country of destination and for paying any import duties.
Date of delivery shall only be taken as an indication: conditions of shipping and transport are not guaranteed.
Terms of delivery shall only commence upon the Confirmation of Order’s receipt and any necessary domestic or foreign certificates have been acquired and/or produced by Customer.
WYEI’s obligation of delivery shall be subject to WYEI’s receipt of correct and timely deliveries from WYEI’s suppliers.
Customer is obligated to accept partial deliveries. Variations in size, weight and quality are permissible in accordance with the respective industry norms or, where such products are not covered by industry norms, in accordance with WYEI’s customary practices.
WYEI reserves the right to refuse any order Customer places. WYEI may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that WYEI makes a change to or cancels an order, WYEI may attempt to notify Customer by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. WYEI reserves the right to limit or prohibit orders that, in WYEI’s sole judgment, appear to be placed by dealers, resellers or distributors.
WYEI’s goods and products may only be returned after WYEI issues a Return Authorization.
WYEI MAKES NO WARRANTIES WHATSOEVER. WYEI HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, AND/OR TRADE PRACTICE.
WYEI IS NOT LIABLE FOR LOSS OF PROFITS, USE, AND/OR ANY OTHER DIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES — for any reason.
Any and all claims against WYEI – regardless of the legal reason – shall be barred and effectively waived six (6) months after discovery.
Customer acknowledges, agrees and warrants: Customer’s purchase of WYEI’s good(s) and product(s) is for Customer’s sole benefit and not the benefit or any third party nor re-importation into the United States.
WYEI retains all title to and interest in any materials, information and/or content for which a license is not expressly granted herein, and no implied right(s) or license(s) is granted herein (including, without limitation intellectual property rights).
All rights not expressly granted herein are reserved, as such there are no implied rights in law or equity that may be applied to this License and issues stemming therefrom. JESSICA SIMPSON® and related marks are registered trademarks of With You E-Commerce Inc and are used under license.
You agree to indemnify, defend and hold harmless WYEI and our shareholders, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of any third-party.
Nothing herein will be deemed to create a joint venture, partnership, franchise or any other type of business association between the Parties.
No waiver, amendment or modification of these Terms shall be valid, enforceable or binding upon WYEI unless previously, expressly agreed to in writing by WYEI.
Any notice shall be made via Federal Express, United Parcel Service, Certified Mail, or Registered Mail, return receipt requested.
If any provision or portion thereof herein is invalid, illegal, or incapable of being enforced by reason of any rule of law, statute, regulation, or public policy, then such provision or portion thereof shall be deemed deleted, ab initio, and revised to the extent legally permissible to reflect the original intention of the parties and, to the extent reasonably possible, the remainder of these Terms shall nevertheless remain in full force and effect.
If Customer breaches these Terms, or unsuccessfully brings action against WYEI, Customer shall pay the WYEI’s costs and expenses, including reasonable attorney’s fees.
WYEI shall not endorse and is not responsible for the accuracy or reliability of statements made by third parties, including, but not limited to blog posting and comment posting.
Customer expressly agrees that any litigation concerning WYEI, its good(s) or products(s) shall be controlled by the laws of the State of New York without application of New York’s Conflict of Law provisions as well as venued in a Court in New York County, New York State.
Customer is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate WYEI’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website. We reserve the right to terminate your use of this website or any related website for violating any of the prohibited uses listed above.
These Terms constitute the entire agreement and understanding between WYEI and Customer and govern Customer’s use of this website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between WYEI and Customer (including, but not limited to, any prior versions of the Terms).
WYEI’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Copyright © 2019 With You E-Commerce Inc. All rights reserved.