Terms of Service
Outerbanksgiftstore.com Terms of Service
2 Outerbanksgiftstore.com ACCOUNTS: In order to access some features of the Outerbanksgiftstore.com Website, User must create a Outerbanksgiftstore.com account. User is not authorized to use another person’s account without their express written permission. When creating a Outerbanksgiftstore.com account, User must provide accurate and complete information. User is solely responsible for all activity that occurs on User’s account, and must keep User’s account password secure. If User becomes aware of any breach of security or unauthorized use of User’s account, User is required to notify Outerbanksgiftstore.com immediately. Although Outerbanksgiftstore.com will not be liable for User’s losses caused by any unauthorized use of User’s account, User may be liable for the losses of Outerbanksgiftstore.com or others due to such unauthorized use.
3 ORDERING/Returns SERVICE
Order Changes/Cancellation. Once the orders have gone into PROCESSING they cannot be edited or canceled without a written request. Because all product blanks are ordered custom daily, canceling an order that is processing may still result in fees for either blank products or for the full printed products. Once an order goes into processing we can NOT guarantee that it can be canceled and do not guarantee refunds.
Returns & Exchanges. Outerbanksgiftstore.com will review replacement/return requests for the following issues: faulty product such as a hole in a product, a print error by Outerbanksgiftstore.com relating to quality or incorrect image if it is Outerbanksgiftstore.com’s fault. Outerbanksgiftstore.com is not responsible for incorrectly provided addresses that result in lost or misdirected packages. If packages are returned to us for any reason and need to be reshipped there the seller must the cost of the re-shipment. Size exchanges or general returns/exchanges are not the responsibility of Outerbanksgiftstore.com and sellers must resubmit and pay for this type of order.
Processing/Delivery Timeline. Outerbanksgiftstore.com does not guarantee specific processing or shipment times. Estimated Shipping Times are 5-10 business days depending on Shipping methods.
Fulfillment Deliveries. Outerbanksgiftstore.com is not responsible for 3rd party delivery delays, lost packages, or damage due to delivery partner. Outerbanksgiftstore.com will provide a tracking number when available but it is up to the seller to track down or contact local postal service to track any lost or delayed packages. Lost packages are the responsibility of the User.
Payments of Goods. All orders must be paid prior to us starting to process your orders.
5 WARRANTY DISCLAIMER: Outerbanksgiftstore.com, its officers, directors, employees, affiliates, agents and business partners disclaim all warranties, express or implied, in connection with the Outerbanksgiftstore.com Website and User’s use thereof. Outerbanksgiftstore.com makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from User’s access to and use of the Outerbanksgiftstore.com Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the Outerbanksgiftstore.com Website, (v) bugs, viruses, Trojan horses or the like which may be transmitted to or through our web site by any third party, and/or (vi) errors and omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Outerbanksgiftstore.com Website. Outerbanksgiftstore.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Outerbanksgiftstore.com Website or any hyperlinked website or website featured in any banner or other advertising, and Outerbanksgiftstore.com will not be a party to or in any way responsible for monitoring any transaction between you and third party providers for products or services. As with the purchase of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
6 LIMITATION OF LIABILITY In no event shall Outerbanksgiftstore.com, its officers, directors, employees, afiliates, agents or business partners be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Outerbanksgiftstore.com Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the Outerbanksgiftstore.com Website, (v) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Outerbanksgiftstore.com Website by any third party, and/or (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, e-mailed, transmitted, or otherwise made available via the Outerbanksgiftstore.com Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. User specifically acknowledges that Outerbanksgiftstore.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with User. The Outerbanksgiftstore.com Website is controlled and offered by Outerbanksgiftstore.com from its facilities in the United States of America. Outerbanksgiftstore.com makes no representations that the Outerbanksgiftstore.com Website is appropriate or available for use in other locations. Those who access or use the Outerbanksgiftstore.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
8 ABILITY TO ACCEPT TERMS OF SERVICE User affirms that User is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service. In all cases, User affirms that User is over the age of 13, as the Outerbanksgiftstore.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Outerbanksgiftstore.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
9 ASSIGNMENT The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Outerbanksgiftstore.com without restriction.
10 GENERAL User agrees that (i) the Outerbanksgiftstore.com Website shall be deemed solely based in North Carolina; and (ii) the Outerbanksgiftstore.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over Outerbanksgiftstore.com, either specific or general, in jurisdictions other than North Carolina. The Terms of Service shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between User and Outerbanksgiftstore.com that arises in whole or in part from the Outerbanksgiftstore.com Website shall be decided exclusively by a court of competent jurisdiction located in North Carolina. The Terms of Service, together with all other Outerbanksgiftstore.com policies, and any other legal notices published by Outerbanksgiftstore.com and/or on the Outerbanksgiftstore.com Website, shall constitute the entire agreement between Outerbanksgiftstore.com concerning the Outerbanksgiftstore.com Website. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such terms or any other term, and Outerbanksgiftstore.com’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. Outerbanksgiftstore.com reserves the right to amend the Terms of Service at any time and without notice, and it is User’s responsibility to review the Terms of Service for any changes. User’s use of the Outerbanksgiftstore.com Website following any amendment of the Terms of Service will signify User’s assent to and acceptance of its revised terms. USER AND Outerbanksgiftstore.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Outerbanksgiftstore.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND/OR BARRED.