Terms and Conditions
Effective Date: August 13, 2012
Thank you for visiting sophiagraydon.com, which is owned and operated by Sophia Graydon LLC. These Terms and Conditions govern your use of this Site.
Your Consent to these Terms and Conditions
Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and to these Terms and Conditions. By accessing, browsing, and shopping at this Site, you accept, without limitation or qualification, these Terms and Conditions, which form a legally binding agreement. If you do not agree, please exit this Site.
Changes to these Terms and Conditions
These Terms and Conditions may be changed by us from time to time without specific notice to you. The latest Terms and Conditions will be posted on the Site, and you should always review them prior to using the Site to ensure that you have a current understanding of the Terms and Conditions under which you are permitted to access this Site. Your continued use of this Site after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.
Your Consent to Our Privacy Policy
By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.
Your Consent to Other Sophia Graydon Agreements
We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Site, to participate in certain promotions or activities available through this Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms and Conditions, the terms of the click-through agreement will supplement or amend these Terms and Conditions, but only with respect to the matters governed by the “click-through agreement.”
Ownership of This Site and Its Content
This Site, including all of its Content, are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of Sophia Graydon LLC or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Trademarks
The Sophia Graydon names and logos, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Sophia Graydon LLC (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Links to Other Sites
This Site may contain links and/or advertisements to other websites maintained by unrelated companies. These websites are governed by the third party’s Terms and Conditions and privacy policy. You should review the Terms and Conditions and privacy policies of third-party service providers before using their site. An advertisement of, or link to, an unrelated website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. We do not necessarily investigate, monitor or check such websites for accuracy, completeness or conformance with applicable laws and regulations. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave this Site and access these other websites, you do so at your own risk.
Your Feedback
We very much want to know what our customers like and don’t like about our products, and welcome your Feedback. By submitting Feedback, however, please note that you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information. Please also note that the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Terms of Sale
General
We do not sell products to persons under the age of 18. If you are under the age of 18, you may only purchase products on this Site with authority given by either a parent or guardian.
Your Order
Every order that you place on this Site will be subject to acceptance in accordance with these Terms of Sale. The final details of your order will be listed at the end of the checkout process. Following completion of the checkout process, we will send you an email confirming receipt of your order, detailing the products you have ordered with an order number, and setting forth the shipping address and delivery method for your order. This email is not an order acceptance from us, and your order will not be completed and accepted until we notify you that it has been shipped. Please inform us immediately if there are any errors in your order.
Once we have processed your order, we will send you another email confirming that your order has been shipped (the "Shipping Notification"). We typically ship via FedEx, and we will include a FedEx Tracking number in the Shipping Notification so you can track your purchase. You should save the Shipping Notification for your own records. The Shipping Notification will be deemed to be completion of your purchase contract. Any products on the same order which we have not confirmed in the Shipping Notification will not form part of that contract. Completion of the contract will also not take place where we have notified you that we cannot accept your order. We reserve the right to cancel any order and/or prevent access to the Site at any time, with or without cause.
Payment
We will take payment from your credit card when we ship your order. If we are unable to supply the product that you have ordered, we will contact you by e-mail or phone, and your credit card will not be charged if the order has not shipped.
Colors
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Misprints, Pricing
We are very careful at Sophia Graydon, but sometimes errors occur. The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
We reserve the right to change prices and specifications without notice. The price that you pay for any product on this Site will be the price that is displayed on the Site at the final page in the checkout process.
Shipping Policies and Delivery
Shipping and Handling. Shipping and handling charges listed on Site apply to the contiguous US only. Sophia Graydon reserves the right to limit quantities and/or charge actual shipping charges on bulk orders. Alaska, Hawaii, Puerto Rico, Guam, Virgin Islands and APO/FPO may require a special handling fee in addition to the actual shipping charges based on the weight and dimensions of the package(s). We will ship anywhere in the world where FedEx delivers. Please contact our office at assistance@sophiagraydon or call our toll-free number (877) 351-5943 (M-F, 8am-5pm CST), and we will be happy to help you.
Return Policy. We want you to be absolutely thrilled with your Sophia Graydon purchase. Therefore, making a return is simple and complimentary – as long as it is within 30 days of our shipping date. Please return items in their unused, original condition. We cannot accept damaged, worn, soiled or altered returns. Please return your purchases in the original gift and shipping boxes.
How To Return Your Purchase. 1) Place the items in their original gift and shipping boxes. 2) Complete the Return Form inside your grey Sophia Graydon folder and place it inside the box. Close and tape the shipping box securely. 3) Peel off the Return Label and adhere to the outside of your box. 4) Bring your package to a FedEx store/drop box or go to fedex.com to schedule a pick-up. 5) If you have further questions, please call us at (877) 351-5943.
Exchanges. We are happy to exchange items as well. Simply return your items in the same manner as outlined above. Please note your exchange selection on the Return Form and return it to us.
Receiving a Refund. We will credit refunds to the original purchaser’s method of payment. Upon receipt of your return, we will provide a refund within 14 days. Please retain your shipping tracking number until you have received your refund.
Gift Returns and Exchanges. Please return your gift to us within 30 days of the shipping date using the same process as above. We will refund your return to the original purchaser via the original method of payment. If you would like to exchange your gift, please call us at (877) 351-5943 (M-F, 8am-5pm CST), and we will be happy to help you.
Force Majeure
We will not have any liability to you or be deemed to be in breach of these Terms of Sale from any circumstances which are beyond our reasonable control (including a delay in delivery caused by force majeure)."Force majeure" includes, without limitation, circumstances directly or indirectly resulting from acts of God; acts of the public enemy; strikes; lockouts; epidemic and riots; power failure; fire; earthquake; water shortage or adverse weather conditions; or other causes beyond the control of the Parties.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT IS PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY SITE WITH WHICH IT IS LINKED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS SITE.
WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THIS SITE. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Nothing in these Terms and Conditions will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
OUR LIABILITY IN CONNECTION WITH A CUSTOMER'S PURCHASE IS EXPRESSLY LIMITED TO OUR RETURN POLICY SET FORTH IN OUR TERMS OF SALE, AND ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED.
These Terms and Conditions give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Your Obligations
In consideration of your use of this Site, if you register on this Site in order to make a purchase, receive information, or otherwise, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password at the following e-mail address, and until we are so notified you will remain liable for any unauthorized use of your account: For sophiagraydon.com, at assistance@sophiagraydon.com.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of this Site (including any information, materials, products or services available through this Site).
Minors
This Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. In addition, you must be at least eighteen years of age to make a purchase on any of this Site.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Entire Understanding
These Terms and Conditions (together with our Privacy Policy and any click-through agreements on this Site) contain the entire understanding between you and us with respect to use of this Site and no representation, statement, or inducement oral or written, not contained herein shall bind any party to this agreement.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms and Conditions on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms and Conditions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
Law & Jurisdiction
These Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Minnesota in the United States of America, without regard to conflict of law principles. You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts located in Minneapolis, Minnesota, and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Jurisdiction-Specific Restrictions On This Site and the Products We Sell
Access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.
ACCESS TO THIS SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Definitions
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and e-mail address.
References to this “Site” refer to the website owned by Sophia Graydon LLC and located at www.sophiagraydon.com .
The terms “Sophia Graydon,” “we,” “us,” and “our” refer to Sophia Graydon LLC.
The term “Terms and Conditions” refers to this Site’s Terms and Conditions.