PARDINGTON COLLECTIVE TERMS OF PRODUCT SALE
Thank you for shopping at https://pardingtoncollective.com/ (the "Site"). We appreciate your business. These “Terms of Product Sale/Terms of Service” (“Agreement”) are the legal terms that govern any purchase you make on the Site. Claire Elizabeth Pardington, LLC ("Pardington Collective" or “we” or “us”) is the operator of the Site and the supplier of your order. By placing an order, you agree to be bound by this Agreement. Please read this Agreement carefully and let us know if you have any questions.
To purchase goods through the Site, a customer must create an account with Pardington Collective or checkout as a guest. Each customer represents and warrants to Pardington Collective the following: (a) customer is an individual who is at least eighteen (18) years of age; (b) all information provided in connection with their account and/or purchase of products is correct and complete; (c) customer shall update information in their account so that information is always correct and complete; (d) customer shall not provide their account credentials (logins, passwords, or other means of access or authentication) to third parties; (e) only customer shall conduct activity through customer’s account; (f) customer shall notify Pardington Collective immediately of any suspected breach of security or unauthorized use of the account or login credential; (g) customer shall not transfer or assign their account; (h) customer is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or that is listed on any U.S. Government list of prohibited or restricted parties.
For purposes of verification, fraud prevention, compliance with law and with these Terms of Service, and Site security, Pardington Collective or its contractors (each, a “Data Contractor”) will collect information about persons seeking to establish accounts, purchase products, or use the Site (“Submitted Data”). Submitted Data may be analyzed via machine learning, artificial intelligence, and analyses based upon various databases intended to assist in verification and compliance. Data Contractor will provide the results of that analysis to Pardington Collective (“Provided Data”). Submitted Data and Provided Data are referred to collectively as “Customer Data” for purposes of this Section. Customer hereby grants Pardington Collective a broad license to use Customer Data in connection with its business, and to authorize Data Contractor the right to use Customer Data; the right to copy, transmit, use, host, perform, display, and create derivative works; to combine with other data; and to operate, analyze, improve, and promote the services of Pardington Collective and/or the Data Contractor; to evaluate and assess compliance by customer with applicable law. This license is worldwide, irrevocable, perpetual, royalty-free, paid up, sublicensable and transferable, for all media now known or later developed. Customer hereby waives any claim against Pardington Collective or Data Contractor for use of Customer Data as set forth above.
You may place an order through the Site as a guest or through an account that you create at the Site. In either case, you will need to provide us with your email address so that we may confirm receipt of your order, update you on the status of your order (including whether we are able to fill it at the time the order is placed), process refunds, and otherwise communicate with you on matters relating to your order and our business relationship. Product orders are deemed final and nonrefundable, unless Pardington Collective advises you in writing that an order cannot be filled (by way of example, supply chain issues, embargoes, sanctions, other force majeure events), in which case Pardington Collective shall refund/issue a credit for all fees paid for cancelled orders. A shipping confirmation email will be sent to confirm that your order has been accepted, your payment method has been charged, and the order has been shipped. Any product identified as made to order, or custom, cannot be cancelled and customer is responsible for payment in full.
Pardington Collective reserves the right to cancel or decline to fill an order for any reason. Some reasons for cancelling or refusing an order are: (a) limitations on quantities available for purchase; (b) inaccuracies or errors in product or pricing information on the Site; (c) our inability to confirm or obtain authorization for charges to your credit card, or (d) force majeure events. We may also require additional verification or information before accepting any order. Pardington Collective will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit in the amount of the charge to your credit card.
LIMITED PRODUCT WARRENTY
Pardington Collective warrants that, for a period of one (1) year days from the date of shipment, a product shall materially conform to the product specifications posted to the Site and shall be free from defects in materials and workmanship. The foregoing limited warranty applies to the original purchaser where the product is used for its intended purposes and is cared for in accordance with its written instructions; it does not apply to normal wear and tear or where the product is subject to misuse or abuse.
Pardington Collective disclaims, and CUSTOMER hereby waives, all other express warranties, and all implied warranties, including warranties of merchantability and fitness for a particular purpose.
EXCLUSIVE REMEDY; RETURN POLICY
If customer has determined that a product does not conform to this warranty, it shall notify Pardington Collective by email as soon as such deficiency is known and provide Pardington Collective with information and photographs as requested to demonstrate the nonconformance. At its election, if Pardington Collective determines that the product may not conform to the warranty or if Pardington Collective otherwise desires to redress the circumstances, Pardington Collective may repair the product, replace the product, or refund/credit the purchase price. If Pardington Collective requests that customer send the product back to Pardington Collective, it shall provide customer with a Return Material Authorization and other instructions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOREGOING WARRANTY, REMEDIES, AND RETURN POLICY ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED BY PARDINGTON COLLECTIVE AND WAIVED BY CUSTOMER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
The price for Products is stated in U.S. dollars. The final price for an order may include additional costs, such as taxes, surcharges, shipping, handling, and other fees. You are responsible for the payment of any such additional costs. The total price of the order will be displayed to you before you legally accept the order.
We accept the credit cards and methods of payment identified on our web site at the point of purchase; typically this includes Visa, MasterCard, American Express, Discover, PayPal, Diners Club, Shop Pay, Apple Pay, Google Pay, and Facebook Pay. When paying with credit card, you authorize Pardington Collective to charge the applicable card the amount of the order at the time your order is shipped. If your order requires more than one shipment, we will charge your card separately for each shipment.
You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Pardington Collective will have no obligation to fulfill your order. You represent and warrant all billing and registration information provided by you to Pardington Collective is truthful and accurate.
AVAILABILITY AND DESCRIPTIONS
Products are subject to availability. If a product is not available at the time of your order, we will notify you and we will not fill that order. If an item is listed at an incorrect price or with incorrect information, Pardington Collective may decline or cancel any orders placed for that item, and will notify you of such cancellation.
As set forth above, the purchase is final upon placement of the order. Without limiting the foregoing, if you wish to cancel your order please contact Pardington Collective at firstname.lastname@example.org
When you visit the Site, place order for products, complete a form on the site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. Although we may also communicate with you through other media (telephone, text messages, live chat, mail and other forms now known or later developed), you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
RISK OF LOSS
In the United States, the risk of loss and title for products pass to you upon our delivery to the carrier, such as FedEx, UPS, the U.S. Postal Service, or other third party shipper. Where the laws of online sales require otherwise, the risk of loss and title for products passes to you upon delivery to the carrier.
PROPER USE OF PRODUCT
You are responsible for your use of the product, including its proper maintenance and storge. Information about the products, such as use and maintenance may be provided through the website, videos, blog, social media, materials provided with the product, email communications, live chat or otherwise.
LIMITATION OF LIABILITY FOR DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARDINGTON COLLECTIVE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE USE OR MISUSE OF THE PRODUCTS OR RELIANCE ON ANY REPAIR MATERIALS. IN NO CASE SHALL PARDINGTON COLLECTIVE BE LIABLE TO CUSTOMER, UNDER ANY THEORY OF LAW (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, FALSE INDUCEMENT, BREACH OF CONTRACT, PRODUCTS LIABILITY) IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF ANY NONCONFORMING PRODUCT. As used in this section, “Pardington Collective” means Claire Elizabeth Pardington LLC, its collaborators and licensors, and their officers, directors, members, employees, contractors, agents, affiliates, related business entities, successors, and assigns.
INTEGRITY OF THE SITE
Customer shall not take any action to interfere with the operation of the Site, attempt to copy its underlying technology, upload other computer programs or files, or copy content. Customer agrees not to use any automated software (crawlers, robots, bots, spiders, extractors, etc.) at the Site; or circumvent, disable, or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site.
Pardington Collective may use third parties for services relating to the technology used to receive, store, and transmit data (such as server operations, hosting, maintenance, support, upgrading, and repair). Servers relating to the functioning of the Site may occasionally be inaccessible due to repair, maintenance, upgrades, power sources, and other factors. Information transmitted by customers may be sent over an unsecured connection to an email service provider. If you have technical problems with any Site, or other issues regarding user experience, please contact Pardington Collective at email@example.com.
SUSPENSION OF SERVICES
Pardington Collective may suspend or terminate customer access to the Site in response to legal process, to investigate conduct that appears to be inconsistent with customer obligations under this Agreement, or conduct of customer that is alleged to be a violation of Law. Pardington Collective shall notify customer in the event of such suspension/termination and shall provide information regarding resumption of access, when applicable.
LINKS TO THIRD PARTIES
Pardington Collective shall not be liable for failure or delay in performing its obligations set forth in this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, executive orders, judicial action, war, unrest, civil disorder, civil disturbances, acts of terrorism, cyberattacks, insurrection, sabotage, embargo, fire, flood, epidemic, pandemic, natural disaster, strike or other labor disturbance, interruption of or delay in transportation, or inability to obtain raw materials, supplies, equipment, technology, products, staffing, or power used in the performance of this Agreement.
This Site and the sales of products is governed exclusively by Michigan law and applicable United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, unless the applicable laws of your jurisdiction of residence require that the laws of such jurisdiction govern, in which case, the laws of such jurisdiction are to govern.
ARBITRATION; VENUE FOR DISPUTE RESOLUTION
The parties shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator, in Ann Arbor, Michigan, in accordance with the then effective commercial rules of the American Arbitration Association or JAMS. The parties may agree to a virtual, online mediation or arbitration. The arbitration shall be conducted in English. The costs of the arbitration and the reasonable attorneys ' fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. Litigation to enforce the arbitrator's award shall be brought only in the U.S. Court for the Eastern District of Michigan, or the Circuit Court for the County of Washtenaw, Michigan; the parties stipulate to personal jurisdiction and venue in such court, and agree to waive the application of forum non conveniens. The prevailing party shall be awarded attorneys' fees and expenses in connection with the enforcement of the arbitration award.
Pardington Collective reserves the right to make changes to the Site, its policies, and this Agreement, and will place a notice of changes at its Site or send you a notice electronically. Placement of orders after the posting of such changes constitutes acceptance of such changes.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be modified to the extent necessary to be valid and enforceable, in a manner consistent with the intent of the parties set forth in such provision, and all other provisions of this Agreement will remain in full force and effect.
The failure of Pardington Collective to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged by Pardington Collective in writing as a waiver.
To contact us regarding this Agreement or products:
Attn: Customer/ Legal Services
201 S. Division, Suite 400
Ann Arbor, Michigan 48104 USA
General questions: firstname.lastname@example.org
Wholesale transactions: email@example.com
Claire Pardington: firstname.lastname@example.org
Telephone: +1 917-277-9616
By clicking below, you agree and accept these Terms of Product Sale/Terms of Service.