Conditions of Sales
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH [NAME OF SELLER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Welcome to WWW.WEEBLESSING.COM (the “Site”), a website operated by Wee Blessing, LLC (collectively, “Wee Blessing”, “we”, “us”, or “our” as the context may require). Wee Blessing offers a service that gives you access to clothing and accessories (collectively, the “Products”) from the best up-and-coming labels and brands through subscribing to our Site (collectively, the “Services”).
1. Users; Opening an Account
2. Order Acceptance and Cancellation.
You agree that your decision to subscribe to our Site (hereinafter, an “Order”) is an offer to buy, under these Terms, all Products and Services listed in your Order. All Orders must be accepted by us or we will not be obligated to sell the Products or Services to you. We may choose not to accept Orders at our sole discretion, even after we send you a confirmation email with your Order number and details of the items you have ordered. Wee Blessing, LLC reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of shipments at any time at our discretion.
3. Prices and Payment Terms.
a. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the Order is placed and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges if applicable will be added to your merchandise total, and will be itemized in your shopping cart and in your Order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Orders arising from such occurrences.
b. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
c. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an Order. We accept American Express, Discover, Mastercard and Visa for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your Order.
d. Notwithstanding the foregoing governing terms for payment, we do not accept any “prepaid” or “reloadable” cards for the payment of goods or servicing on the Website including, but not limited to, general purpose reloadable (“GPR”) prepaid cards for payment, electronic benefits transfer (“EBT”) cards; payroll or employer benefit cards; gift cards, regardless of the issuing company, bank or network brands (including, but not limited to, American Express, Discover, Mastercard, or Visa); financial aid cards for students; transit cards; travel cards; or any other card that does not qualify as a “credit card” or “debit card” as defined by the Consumer Financial Protection Bureau.
e. Your payment method may be authorized once you subscribe or at the time of shipment in partial or complete retail value of the order to confirm the payment method is active or funds are available. The funds will be reversed at our sole discretion once items shipped are returned unworn and with new tags on them. Any amount charged will be used as a credit on your account and will go towards any items that you wish to keep. We reserve the right to authorize funds regardless of how many shipments you have received but typically this is only done to establish credibility on your first and second blessing shipments.
f. You "the subscriber" are responsible for the payment of any state and local sales taxes that apply to your order or shipment where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible to pay the applicable use taxes.
4.Shipments; Delivery; Title and Risk of Loss.
a. When we ship you a shipment, we will charge you a non-refundable shipping fee (the “Shipping Fee”) in the amount set forth on the Site. The Shipping Fee will be charged to your credit card or other payment method between the time the Order is placed and we ship your shipment. However, if you choose to keep Products from your shipment, the Shipping Fee will not serve as a credit towards the purchase of any clothing. To pay for an Order, you will need to provide Wee Blessing with the information necessary to process an Order from you, including your shipping address and the billing information requested to pay for such Order. You may pay for the Shipping Fee and any Products from your Order via credit card or other manner accepted by Wee Blessing. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of the Return Date unless we otherwise notify you. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make Orders on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
b. From time to time, we will contact you and offer you a shipment of Products. When you choose to receive a shipment, we will send you some Products chosen by Wee Blessing. Your child will be able to try them on in your own home and see what you like. You can decide to keep all, some or none of the Products in your shipment, and we will bill you for the ones you keep as described in this Section.
d. We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your Order.
e. Title and risk of loss pass to you upon our transfer of the Products to the carrier/delivery (“FOB”, Place of Shipment). Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Pricing and Products. Wee Blessing does not disclose the prices of its Products until you receive a shipment. While Wee Blessing makes efforts to follow the style and price preferences you express for your child in your Styling Profile, we do not guarantee that every item in your shipment will comply with those preferences. If you don’t like it, send it back in accordance with Section 7. Please remember that you are responsible for paying the price of any and all Products in your shipment, whether they conform to your Style Profile or not, unless you return the Products by the Return Date (as defined below). You are responsible for the payment of any Shipping Fees, and state and local sales taxes that apply to your Order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are solely responsible to pay the applicable use taxes. The manufacturer of each Product, and not Wee Blessing is responsible for the quality and any warranty of any of its Products shipped or purchased from Wee Blessing. If you have any problems with an Order, you should first contact Wee Blessing by email at and we will put you in touch with the right person to handle it.
6. Returns and Refunds. Except for any Products designated on the Site as final sale or non-returnable, we will accept a return of Products contained within an Order for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within ten (10) days of delivery (the “Return Date”) with valid proof of purchase and provided such Products are returned in their original condition. For a return to be rendered timely, the returned item(s) must be postmarked by the Return Date. It will be assumed that the items have been accepted by you if you fail to postmark any return by the Return Date. To return Products beyond the Return Date, you must call 1-(800)-441-0568 or email us at email@example.com to obtain express, written consent to the return before shipping your product. Any request to return an item beyond the ten (10) day deadline must be done before the expiration of the deadline. No returns of any type after this deadline will be accepted without the express written consent of Wee Blessing, LLC.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately five (5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
For defective returns, please refer to the manufacturer's warranty (see Section 9) included with the product or as detailed in the product's description on our Site.
7. Referral Program. As a Client, you may participate in the Wee Blessing Referral Program (the “Program”) by referring your friends to Wee Blessing. If you refer a friend and they sign up as a subscriber to our service for at least sixty (60) days you will receive a $50.00 credit toward your account. This may change at any time and for any reason without notice. You are not limited to the number of friends that you refer to our Program currently.
We reserve the right to put restrictions on the Program, to suspend or terminate the Program and to void any Referral gifts upon notice to you. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these Terms or posting a change to the Program on the Referral Program FAQ page of our Site. All Referral Gifts are voided immediately upon termination of this Agreement.
8. Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the Products or Services offered on our Site. The availability of Products or Services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the Products or Services offered on our Site. However, the Products and Services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
9. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, RISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.The limitation of liability set forth above shall only apply to the extent permitted by law and not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
10. Goods Not for Resale or Export. You represent and warrant that you are buying Products or Services from the Site for your own personal or household use only, and not for resale or export.
11. Intellectual Property Rights. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not: (i) modify copies of any materials from this Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site; and (iv) you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
12. Trademarks. The Company name, the Terms, trademarks, the logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
13. Prohibited Uses.You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iii) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in these Terms; (iv) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (v) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (vi) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Furthermore, you agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; (ii) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (iv) use any device, software or routine that interferes with the proper working of the Website; (v) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (vii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper working of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANYDURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
17. Copyright Infringement.If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
18. Reliance on Information Posted.The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
19. Changes to the Website.We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
20. Linking to the Website and Social Media Features.You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Website; (ii) send e-mails or other communications with certain content, or links to certain content, on this Website; and (iii) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
22 .Geographic Restrictions. The owner of the Website is based in the state of Georgia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
24. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
25. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of GEORGIA without giving effect to any choice or conflict of law provision or rule (whether of the State of GEORGIA or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of GEORGIA.
26. Dispute Resolution and Binding Arbitration.
a. YOU AND WEE BLESSING, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
b. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 27. The Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
27. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 28 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
28. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Wee Blessing, LLC.
29. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
a. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
b. To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Wee Blessing, LLC, 1006 Grey Smoke Trail, Catalua, Georgia, 31804, U.S.A. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent notices
31. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
33. Comments and Inquiries. This website is operated by Wee Blessing, LLC, 1006 Grey Smoke Trail, Catalua, Georgia, 31804, United States. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com.
Last Updated Date: FEBRUARY 9, 2017