Terms of Service and Use of Website – Autumn Boutique, LLC (the “Terms”)
Autumn Boutique, LLC (the “Company”) (operating a website with the URL “www.sub-shop.com”) owns and operate this Website. These Terms govern your relationship with www.sub-shop.com (“Website”), as well as your purchase of products or services via the Website. Access to and use of this Website and the products and services available through this Website (collectively, the "Products") are subject to the Terms. By purchasing the Products, you are agreeing to all of these Terms, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms.
Access to this Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend any or all of the Products without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
The products and services sold on the Website are adult novelties. They may not be legal in your city, county, or state. It is your obligation to check ordinances and laws before ordering. Neither the Company nor the Website assumes any responsibility for products and services deemed illegal by your state or local authorities. We also do not allow minors under 18 years of age to access our Website, and by accessing the Website, you are confirming that you are legally an adult and over 18 years of age.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Products; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and the Website will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images, brand names, product names, logos, and written text) made available to you on or through this Website remains the property of the Company or its licensors and are protected by trademark, copyright laws and treaties around the world. All such rights are reserved by the Company, the Website and their licensors. You may display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any personal, business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal/courier delays or force majeure events (as reasonably determined by the Company) for which we will not be responsible.
In order to contract with the Website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us, or otherwise pay by a check or money order that is acceptable to us. The Website retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be the Website or may in some cases be a third party. Where a contract is made with a third party the Website is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. In the case of us receiving a check or money order, such will be negotiated prior to shipment of any products or services. The monies received upon the debiting of your card (or cashing of check/money order) shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability Regarding Website Content
The materials displayed on this Website is provided “as is” without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law the Company, the Website and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Linking to this Website
You may link to our home page, provided you gain the Company’s prior written permission to so link, and do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by the Company in its sole discretion. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website.
You agree to indemnify, defend and hold harmless the Company and the Website, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms.
The Website shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Products and/or any page of this Website.
The Company controls and operates the Website from Wisconsin, USA. The Company makes no representation that materials on the Website are appropriate or available for use outside of the United States. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable laws. By accessing the Website, you hereby agree that these Terms shall be governed by and construed and enforced in accordance with the laws of the State of Wisconsin, the United States of America, without reference to its conflict of laws provisions. By accessing the Website, you also agree to submit to the personal jurisdiction and venue of the courts located in the State of Wisconsin, USA, for resolution of all disputes arising from, concerning, or related to these Terms or your use of the Website. Use of this Website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected, and all other clauses remaining shall remain in full legal force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. For any complaints, please contact us at CustomerService@sub-shop.com.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Company and the Website. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized officer of the Company.