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Sunday, 14 September 2008 05:19

Cowgirl Flops LLC Terms and Conditions:
NOTICE: PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. COWGIRL FLOPS LLC RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

LIMITATION OF LIABILITY
In no event shall Cowgirl Flops LLC or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Cowgirl Flops LLC has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from Cowgirl Flops LLC or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Cowgirl Flops LLC be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.

OFFICE HOURS
Our office hours are 9:00 AM- 5:00 PM Monday - Friday.

DEFINITIONS
“In Stock”
In stock means the materials for the Cowgirl Flops you are ordering are in our inventory and are available to specifically manufacture that specific Cowgirl Flop for you. Deliver can be expected within 10 days to two weeks. A cancelation of an In Stock item will be allowed for up to three days from the date of your order. After three days from the date of your order, your order is put into production and shipped. Therefore, there are no cancellations after the three day period unless Cowgirl Flops LLC Inventoried items pertaining to your order were depleted at the time your order was received or ordered prior to the site being updated to reflect the item as being on “Back Order”.

“Up Grade”
Up Grade means the materials for the Cowgirl Flops you are ordering are in our inventory and are available to specifically manufacture your custom order. Up Grade implies additional bling on the cow hide and or on the conchos ordered. Delivery time can be expected to be two to three weeks following the order date. A cancelation of a Custom Order Only will be allowed for up to three days from the date of your order. After three days from the date of your order, your order is put into production and shipped. Therefore, there are no cancellations after the three day period unless Cowgirl Flops LLC Inventoried items pertaining to your order were depleted at the time your order was received or ordered prior to the site being updated to reflect the item as being on “Back Order”.

“Back Order”
Back Order means the materials to produce the Cowgirl Flop(s) you are ordering are on order or in the process of being ordered. Some cowhides and some crystals can take up to 30 to 45 days for us to receive. You will get a Back Order notification from us if Cowgirl Flops LLC Inventoried items pertaining to your order were either depleted at the time your order was received or ordered prior to the site being updated to reflect the item as being on “Back Order”.
Delivery time can be up to 45 to 60 days to ship. It is best to email us concerning a back order to see the time frame on your order to be processed. If payment has been made we reserve the right to refund your payment amount. Refunds are given on all back order items up and until the time your order is put into production. Cowgirl Flops LLC recommends that you not purchase a Back Ordered Item until you have received notification from us that the materials are in our possession to manufacture your order.

RETURNS / REFUNDS
Since each order is unique, All Sales Are Final on In Stock and Custom Only orders after 3 days following the date of your order.

GOVERNING LAW
Cowgirl Flops LLC is based in Austin. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Austin, Texas. You agree to submit to the jurisdiction of Austin, Texas courts and agree that venue in these courts is proper in any such legal action or proceeding.

INDEMINITY
You agree that you shall indemnify and defend Cowgirl Flops LLC and all parties from whom Cowgirl Flops LLC has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any order, or materials you incorporated into your order.

ORDER CANCELLATION
Cowgirl Flops LLC will be happy to help you cancel your order prior to the cancelation procedures mentioned above. Orders are eligible for cancellation upon request via email within the time frame regarding cancelation procedures mentioned above.. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order. Once your order has been placed into production, No Refunds are issued. Cowgirl Flops LLC is not responsible for any duplicated orders that are placed on our web site due to the customers mistake.

ORDER SHIPPING AND DELIVERY
Cowgirl Flops LLC will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Cowgirl Flops LLC be liable for any consequential or damages resulting from any delay in shipment or delivery. All Cowgirl Flops LLC customers agree not to hold Cowgirl Flops LLC liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Cowgirl Flops LLC direct control. Cowgirl Flops LLC shipment and delivery dates are calculated based upon estimates provided by our suppliers.
Cowgirl Flops LLC will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the production process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable.

CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Cowgirl Flops LLC will reship the package with corrected address and charge an additional shipping fee for the shipment.

Links to Other Web Sites:

The Site may now, or hereafter from time to time, contain links to other Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites, and we do not investigate, monitor or check. We provide such Web links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any of our linked Web sites, you do so at your own risk.

RESERVED RIGHT

Cowgirl Flops LLC reserves the right to refuse service without disclosing a reason.

Miscellaneous:

The Site can be accessed from different locations around the world and may contain references to Cowgirl Flops LLC services, and programs that have not been announced where you are located. These references do not imply that Cowgirl Flops LLC intends to announce such products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed in Austin, Texas, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under "Disclaimer" above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the Superior Court of Travis County and the United States District Court for the Central District of Texas with respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Published September 10, 2008.

Last Updated ( Sunday, 14 September 2008 05:54 )
 

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