Terms and Conditions

Last updated: March 1, 2023

Please read these terms and conditions carefully before using our website vigarbrush.shop or purchasing our products.

Introduction

This website is operated by Vigar® Daisy Dish Brush. Throughout the site, the terms “we”, “us” and “our” refer to Vigar® Daisy Dish Brush. Vigar® Daisy Dish Brush offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL CONDITIONS

1.1 Eligibility

To be eligible to use the Vigar® Daisy Dish Brush website and purchase our products, you must:

  • Be at least 18 years old, or the legal age in your jurisdiction. Minors may only use the site and purchase products under the supervision of an adult.
  • Be legally capable of entering into binding contracts.
  • Provide full, accurate, and updated registration information during the account creation process.
  • Have an active email address and phone number.

1.2 Account Registration

To open an account with us, you must be at least 18 years old and provide valid contact information including but not limited to name, email, phone number, and physical address.

You represent and warrant that all information provided during the registration process is current and accurate. Any false or inaccurate information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality and security of your login credentials and are fully responsible for any activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

1.3 Order Process

The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer. When you place an order for products through our site, you are making an offer to purchase those products. All orders are subject to acceptance by us and we reserve the right to decline any order.

Before a contract comes into force, you will receive an order confirmation email with the details of your purchase. The contract is formed when we send you this email, confirming that we have shipped the ordered item(s). Items are not reserved until this confirmation email has been sent.

We may require verification of information prior to accepting an order. We reserve the right to place restrictions on quantities of items purchased per customer.

1.4 Pricing and Payment

Product Pricing: The prices displayed on our website are quoted in U.S. dollars. We make reasonable efforts to ensure pricing accuracy but cannot be held responsible for pricing errors. If we discover an error, we will cancel your order and notify you of the correct pricing. You will not be charged for any items ordered at incorrect pricing.

We reserve the right to change prices for products displayed at any time and without notice to you. The price charged when we process your order will be the price prevailing at the time the order is placed.

Shipping Costs: Shipping costs are calculated during checkout based on weight, dimensions and destination of the items in your cart. Shipping costs are subject to change at any time.

Taxes: All stated prices are exclusive of taxes, which will be added at checkout as applicable. You are responsible for paying any applicable taxes.

Promo Codes: Promo codes must be entered at checkout to redeem any discounts or promotions. Only one promo code may be used per order and cannot be combined with other offers unless otherwise stated.

Payment Processing: All transactions are processed by third-party payment providers such as Stripe and PayPal. We do not collect or store your payment information, Sensitive personal and payment information entered during checkout is transmitted securely using SSL encryption.

1.5 Order Cancellation and Returns

If you are unsatisfied with a product for any reason, you may return it for a refund or exchange within 30 days of the delivery date, unless noted otherwise in the Returns Policy. Items must be returned in original condition with proof of purchase. Customized or personalized products are non-refundable.

To initiate a return, please email us at [email protected]. We will provide instructions and issue a Return Merchandise Authorization (RMA) number. Return shipping costs will be deducted from the refund amount.

1.6 User Content

We may provide you opportunities to submit, post, display, transmit, perform, or otherwise distribute content such as reviews, photos, videos, ratings and other submissions (“User Content”) through the website.

You agree that any User Content you submit complies with our Content Guidelines below and that you own or have all necessary rights to allow the use of the Content as described herein. You retain ownership and responsibility over your Content.

We do not claim ownership over any User Content. However, when you submit or post User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, copy, modify, distribute, publicly display, and incorporate such Content into any format or medium now known or later developed.

You represent and warrant that:

  • You own or have the necessary licenses and permissions to use and share any User Content as outlined herein.
  • Your User Content does not infringe the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity.
  • You are allowing sharing and use of your User Content indefinitely unless you notify us otherwise in writing.

We have the right to remove, edit, or refuse to post any User Content that we consider objectionable, inaccurate or in violation of our Content Guidelines or Terms of Use.

1.7 User Conduct

You agree that you will not violate any laws, contract, intellectual property or other third party rights, and that you are solely responsible for your conduct while accessing or using our Site or Service. You agree that you will abide by our Content Guidelines below and will not:

  • Provide false or misleading information to us.
  • Use or attempt to use another user’s account without authorization.
  • Harass, abuse or harm another person.
  • Send spam or bulk unsolicited messages.
  • Infringe any copyright, trademark, patent, or other intellectual property rights.
  • Violate the privacy of others.
  • Distribute computer viruses or malware.
  • Engage in unauthorized scraping or unauthorized use of content.
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect our Site, users, or third parties.

1.8 Warranty Disclaimers

Our website and services are provided “as is” without warranty of any kind. We disclaim all warranties, express or implied, relating to the website and services including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not guarantee the website and services will meet your needs or expectations, or that they will be uninterrupted, timely, secure, error-free or free from viruses. Some jurisdictions do not allow limitations on certain implied warranties, so some of the above exclusions may not apply to you.

We make reasonable efforts to provide an accurate product description for each item but cannot be held responsible for differences between the item description and the actual product. Since colors and appearances may differ according to screen settings and other factors, product colors and sizes displayed online should be considered approximate. We recommend verifying exact specifications with the manufacturer before ordering.

We make reasonable efforts to ensure product availability but cannot guarantee any product will remain in stock or available for any period of time. We reserve the right to limit order quantities and cancel or modify products without notice. If a product becomes unavailable after your order is placed, we will notify you and issue a refund for that item if it has already been charged.

1.9 Limitation on Liability

In no event shall Vigar® Daisy Dish Brush, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of or inability to use the service, site content or any products, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, and whether or not we have been informed of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF VIGAR® DAISY DISH BRUSH SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY YOU UNDER THIS AGREEMENT DURING THE PRECEDING TWELVE MONTHS.

1.10 Indemnification

You agree to defend, indemnify and hold harmless Vigar® Daisy Dish Brush and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Site or Service, breach of this Agreement, or violation of any law or the rights of a third-party.

1.11 Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

1.12 Governing Law

The Terms and Conditions are governed by and construed in accordance with the laws of the United States and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

SECTION 2 – CONTENT GUIDELINES

In addition to complying with all laws and obligations mentioned above, you agree to follow these content guidelines when posting any material, content or User Content:

  • Be truthful, accurate and refrain from misleading statements. Provide factual information and avoid false or inaccurate claims. back up claims when reasonable and appropriate. If rating a product, provide an honest opinion based on personal experience.
  • Be respectful and considerate. Do not post content that is obscene, abusive, invasive of privacy, defamatory, hateful or otherwise objectionable. Do not demean or belittle groups or individuals.
  • Respect copyright and fair use. Only post content you own or have permission to use. Ensure fair use by providing commentary, quotes where reasonable, and links back to original sources.
  • Stay on topic. Only post content relevant to the products, reviews or purpose of the site. Do not use it for irrelevant personal, political or business promotion.
  • No spam or unauthorized commercial messages. Do not flood posts with repetitive or inappropriate content. Refrain from sending bulk unsolicited emails or messages. No unauthorized advertising of products or services.

We reserve the right to moderate and remove any User Content posted on our website that does not comply with these Content Guidelines or Terms of Use. This includes disabling accounts of repeat violators. You understand and agree that modifying or removing your content is at our sole discretion.

SECTION 3 – SUBSCRIPTIONS

3.1 Subscription Memberships

Our site allows you to purchase subscription packages that provide ongoing access to certain products, services or benefits. The following terms apply specifically to any subscription membership programs we may offer:

  • Auto-Renewal: Unless indicated otherwise, all subscriptions auto-renew by default at the end of each subscription period. You will be charged the renewal rate disclosed at purchase plus any applicable taxes and fees.
  • Cancel or Change: You must log in to your Account Dashboard and disable auto-renewal at least 24 hours prior to the renewal date to avoid being charged. You may cancel at any time but will retain access until the end of your active subscription term.
  • Refunds: All payments are non-refundable. No credits or refunds will be issued if you elect to cancel a subscription before the renewal date.
  • Membership Benefits: Subscription benefits and offerings are subject to change at any time with notice. Access to some benefits may require additional action such as completing a form or survey.
  • Sharing: Subscriptions are for personal, non-commercial use only and may not be shared or used on multiple accounts.
  • Promotions: Discounted or free trial offers are limited to one per customer and may not be combined with other offers unless expressly stated otherwise. We reserve the right to revoke promotional discounts and/or cancel subscriptions that we determine were obtained fraudulently.

SECTION 4 – CONTESTS AND SWEEPSTAKES

4.1 Contests

We may periodically run contests on our website. Each contest will have specific terms and conditions explaining entry mechanics, judging criteria, prizes, and eligibility requirements outlined on the contest page.

You agree to abide by and comply with all contest rules. Failure to adhere to the rules may result in disqualification at our sole discretion.

Contest deadlines are strictly enforced. All submissions become our property and may be shared or posted online at our discretion.

4.2 Sweepstakes

We may operate sweepstakes through our website that award prizes based on random drawings. Official rules for each sweepstakes will be made available describing entry procedures, eligibility, odds of winning, prize details and limitations.

You agree to allow the use of your name and likeness for promotional purposes related to the sweepstakes without additional compensation if you are selected as a winner.

The actual odds of winning depend on the number of eligible entries received. We cannot guarantee that entries submitted after the stated deadline will be included in a drawing. We reserve the right to cancel or modify any sweepstakes at our discretion.

You are responsible for paying any taxes related to prizes. If a prize value exceeds $600, you will be issued an IRS Form 1099 for the retail value.

SECTION 5 – ADVERTISERS

We reserve the right to display third-party advertising and promotions on our website in order to monetize and sustain our business. The manner, mode and extent of advertising are subject to change without specific notice to you.

We make no guarantees or warranties as to the accuracy, timeliness, performance or reliability of any advertiser content on our site. We do not endorse the products, services or information in such ads. Any dealings with advertisers on our website are solely between you and the advertiser.

Advertisers are responsible for compliance with all applicable laws and regulations. It is the advertiser’s sole responsibility to substantiate claims made in their ads. We are not responsible for any loss or damage caused by advertisers. Furthermore, we are not responsible for copyright compliance or infringement, advertising errors, false advertising claims or consequences arising from faulty or deceitful advertisements.

By using our site, you agree that we are not liable for any damages, losses or liabilities arising from your engagement, transactions or interaction with any advertiser whose content is available on our website. Your dealings with advertisers are at your own risk and subject to the advertiser’s Terms and Conditions.

SECTION 6 – MERCHANDISE

6.1 Product Descriptions

We attempt to describe and display product images as accurately as possible. However, we do not warrant that product descriptions, prices, or images are complete, accurate, reliable, current, or error-free. In the event of product description errors or discrepancies, we reserve the right to correct such information. You are responsible for verifying product descriptions and specifications with the manufacturer prior to order.

6.2 Product Availability

Inventory availability is not guaranteed. We reserve the right to acquire products from alternative sources if the product cannot be obtained from the original supplier.

We reserve the right to limit order quantities, even after an order is placed, for any reason including product scarcity, errors, or policies of the manufacturer.

6.3 Product Safety and Compliance

Products offered on our website comply with applicable legal requirements and standards. We rely on suppliers to provide complete and accurate information regarding ingredients, components and regulatory compliance.

If you have specific concerns about the safety or regulations pertaining to a product, we advise checking with the manufacturer directly for more information. Buyers assume responsibility to verify regulatory compliance for imported goods.

6.4 Product Recalls

In the event we are notified of a recall affecting a product you have purchased, we will attempt to notify you by email or phone with relevant details and instructions how to return or dispose of the product. You may also contact us for recall information or assistance.

SECTION 7 – AFFILIATES

7.1 Affiliate Marketing Program

We may operate an affiliate marketing program whereby participating websites (“Affiliates”) promote our products and services in exchange for referral bonuses or commissions. Affiliates must comply with all requirements of this Agreement and our Affiliate Terms and Conditions.

We make no warranties about any content, products or services provided by Affiliates. We are not liable for damages arising from your purchase of products or use of services advertised by Affiliates through our affiliate program. Any dealings with Affiliates are solely between you and the Affiliate. We do not endorse any Affiliates nor the information, products or services they provide through affiliate links. You are responsible for exercising caution and common sense before entering into any transaction with an Affiliate.

SECTION 8 – TERMINATION

8.1 Termination of Service

We may suspend, restrict or terminate your access to the website, any connected services, your account or any related features at any time without notice or liability where we have reason to believe:

  • You have breached this Agreement
  • You have violated any law, regulation, or third party right
  • You provide inaccurate or fraudulent information during registration or at any other time
  • Your actions may cause us legal liability or disrupt others’ use of the Service
  • We are investigating suspicious or illegal activity
  • This is necessary to protect the security or integrity of the Service

We may also suspend accounts that have been inactive for a prolonged period. You will be notified via email prior to termination of your account due to inactivity.

You may discontinue your participation or cancel your account at any time by contacting us. Upon termination, we will immediately deactivate your account and delete or anonymize your information. We will use reasonable efforts to complete deletion within 30 days.

8.2 Survival

The following provisions will survive termination of this Agreement: CONTENT GUIDELINES, USER CONDUCT, WARRANTIES & LIABILITIES, INDEMNITY, GOVERNING LAW, DISPUTE RESOLUTION, and this SURVIVAL clause.

Termination will not affect your payment obligations for any products or services and related commitments incurred before termination.

SECTION 9 – DISPUTES

9.1 Informal Resolution

If you have an issue that cannot be resolved through contacting Customer Service, we encourage you to first reach out to us directly to give us an opportunity to resolve the matter amicably through reasonable good faith discussions. We are available via email at [email protected] to address any complaints or concerns you may have. Please ensure to provide all pertinent information and relevant documentation to help us understand and resolve the issue.

9.2 Arbitration

If we cannot reach an informal resolution within 60 days of the initial complaint, you agree to resolve any claim or controversy at law or equity that arises out of this Agreement (“Disputes”) through binding non-appearance-based arbitration before a single arbitrator. Arbitration shall be initiated through an established alternative dispute resolution (ADR) provider that offers arbitration as set forth in this section.

Any judgment on the award rendered may be entered in any court with proper jurisdiction. Claims or Disputes must be arbitrated individually and cannot be consolidated with other Disputes. Class action arbitration is not permitted. You agree to waive your right to participate in class action litigation, class-wide arbitration, or any other class proceeding for Disputes between you and us.

9.3 Exceptions

You nor we shall be entitled to arbitration for claims related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. We reserve the right to take legal action in any court of law to protect our intellectual property rights.

9.4 Governing Law

The Terms and any legal Dispute between you and us will be governed by and construed in accordance with United States federal law and applicable state laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

SECTION 10 – GENERAL PROVISIONS

10.1 Electronic Communications

By using this website or communicating with us, you agree and acknowledge we may communicate with you electronically via email, text, website notification, online account dashboard, instant chat, or other electronic means available now or in the future. All notices, disclosures, agreements, and other communications are considered delivered and effective when sent to the email address or phone number you provided, or delivered through the online account dashboard, regardless of receipt.

10.2 Modification

We reserve the right, at our sole discretion, to modify this Agreement from time-to-time with reasonable notice. You agree to review this Agreement periodically for any changes that may impact you. Your continued use of our website or services signifies acceptance of the amended terms. If you do not agree to the modifications, you must close your account or discontinue use immediately.

10.3 Force Majeure

We have no liability for any failure to perform due to an event beyond our reasonable control including, but not limited to, weather, war, armed conflict, riots, strikes, crime, terrorism, cyber attack, disease, pandemic, civil emergency, disaster, fire, flood, earthquake, shortage of adequate power, telecommunications or transportation.

10.4 Independent Contractors

The parties are independent contractors. Neither party shall be considered the agent, partner, joint venturer, franchisee or representative of the other. Neither party can bind or obligate the other or incur any liability on behalf of the other party.

10.5 No Waiver

Any failure to enforce a provision of this Agreement does not constitute a waiver. No term shall be waived unless expressly stated in writing and signed.

10.6 Assignment

You may not assign or transfer any rights or obligations under this Agreement without our express written consent. We reserve right to assign this Agreement or delegate duties at our discretion.

10.7 Headings

The section headings are provided merely for convenience and shall not be given any legal import.

10.8 Entire Agreement

This Agreement represents the entire agreement between you and us governing use of this website and supersedes any prior oral or written agreement. By using our site and services you agree to be bound this Agreement in addition to any supplemental terms that may be applicable.

10.9 Contact Us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) to:

Vigar® Daisy Dish Brush

123 Anywhere St.

Nashville, TN 37217

United States

Email: [email protected]

Phone: 1-800-123-4567

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