Thank you so much for visiting us today at The Girly-Twirly Gift Company. Our goal is to provide all of our clients with an easy and fun shopping experience, while at the same time providing very high quality individually handcrafted products, and exceptional service. If at any time we can assist you further with questions or customizations, please do not hesitate to contact us by email at GirlyTwirlyGifts@aol.com.~Please note: All monogrammed items are created per your specifications and personalized just for you, and are therefore non-returnable. If we have made an error on an item we welcome the opportunity to resolve the error immediately and re-ship you the corrected product. Please feel free to email us at GirlyTwirlyGifts@aol.com or use our Contact Form on our "Contact Us" page above and our online representatives are happy to assist immediately with your questions.~
TERMS AND CONDITIONS:
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE USING OR ORDERING FROM THIS WEBSITE.
All Sales are made by the Girly-Twirly Gift Company LLC (“GTGC”) and are Governed by our Terms and Conditions of Sale, set forth as follows:
1. SITE USE AND CONTENT:
You may view images from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from this site without the express permission of GirlyTwirly.com and the Owner, Leslie Kohler (together “GTGC”). At any time GTGC may without notice make changes to this site or to the services or products described in this site.
Information and images contained in this site are copyrighted. Title to images and all associated intellectual property rights is retained by GTGC and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of any of the images except for personal, non-commercial purposes. No right, title or interest in or to any trademark, service mark, logo or trade name of GTGC or its licensors is granted under this Agreement.
All products produced by GTGC are for personal, non-commercial use and may not be reproduced in a form except by ordering from GirlyTwirly.com or by express permission from GTGC. All products, including customized designs, produced by GTGC are copyrighted and all rights belong to the Girly-Twirly Gift Company, LLC.
There shall be added to the prices shown, the amount of any sales, use, or other taxes however designated, levied or based on such prices or on this Agreement or the sale or use of the property sold hereunder (hereafter the "equipment"), including state and local privilege or excise taxes based on gross revenue and any taxes or amounts in lieu thereof paid or payable by Seller in respect of the foregoing, exclusive however of taxes based on net income. Any personal property taxes assessable on the equipment from the date of acceptance of this Agreement shall be borne by the Customer. Seller reserves right to charge 1.5% interest per month on all invoices unpaid after the Due Date.
It is the Customer's responsibility to assure the quality all goods received. All sales are final except for damaged or defective materials. Returned Material Authorization (RMA) must be granted for all returned goods. No returns will be accepted after 30 days from invoice. Credits expire after 6 months if unused.
RISK OF LOSS AND INSURANCE:
All sales to customer are FOB shipment origin. All risk of loss and destruction of or damage to all products by reason of theft, fire, water or any other cause shall pass to Customer upon shipment of the equipment to the Customer, and the occurrence of any such casualty shall not relieve the Customer from making payment of the balance of the purchase price.
6. DISCLAIMER AND LIMITATIONS OF LIABILITY:
Sellers liability to the customer for any loss, damage or expense of any kind, resulting from, but not necessarily limited to, any defect of any product, the use, or any other cause whatsoever, regardless of the form of action, whether in tort or in contract, shall be limited to the actual charge listed on the face of this agreement without interest. B. Sellers will in no event be liable for lost profits or other consequential damages even if seller or its representatives have been advised of the possibility of such damages or for any claim against the customer by any other party. C. Seller will in no event be liable for any loss, damage, or expense of any kind resulting from seller or any of its employees, representatives or sales persons rendering technical or other advice or representation in connection with the performance of any computer hardware, computer software, computer printers, media used by those printers or any combinations thereof unless it is specifically contained in this agreement.
Customer shall indemnify Seller against and hold Seller harmless from any and all claims, actions, proceedings, expenses, damages or liabilities including attorney's fees, arising in connection with the customer’s personal use of any product purchased from the Seller.
8. GOVERNING LAW:
This Agreement will be governed by the laws of the State of New Jersey.
9. PLACE OF PAYMENT:
All payments to be made by Customer to Seller under the terms of this contract are to be made at the Seller's place of business as set forth on the face of this document, or such other place as the Seller shall direct.
10. ATTORNEY'S FEES AND COSTS OF REPOSSESSION:
In the event it becomes necessary for Seller to enforce the terms and conditions of this Agreement, including Seller's disclaimers and limitations of liability, Seller shall be entitled to recover all of its costs including all costs of repossession, and actual attorney's fees in all manner of collection and in trial and appellate levels.
11. INABILITY TO PERFORM:
Seller shall not be required to perform its obligations under this Agreement, or be liable for its failure to perform, if nonperformance is caused by any Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of equipment, contingencies, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, or any cause not within the control of Seller.
12. LIQUIDATED DAMAGES:
All payments and deposits made by customer as set forth in this agreement are non-refundable and shall constitute liquidated damages in the event of a customer's default, since the amount of damages is incapable of being ascertained.
13. VALIDITY OF AGREEMENT:
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Understands and agrees that neither Seller nor any of its salespersons or employees are agents for any finance company utilized by the Customer in the purchase or lease of the property listed on the face hereof.
This Agreement contains the entire Agreement between the parties hereto with respect to products purchased. No promise, representation, warranty or covenant not included in Agreement has been or is relied on by either party. Each party has relied on its own examination of this Agreement and the provisions hereof and the counsel of its own advisors. The failure or refusal of either party to inspect the agreement or other documents or the failure to obtain legal or other advice relevant to this transaction constitutes a waiver of any objections, contentions, claims that might have been based upon such reading, inspection or advice. No modification or amendment to this Agreement shall be of any force or effect unless in writing executed by the Customer and authorized representative(s) of Seller. This Agreement is not assignable by Customer without the prior written consent of Seller. The placement of order with Seller, or the delivery or acceptance of products or service from Seller constitutes acceptance of above terms.