TERMS AND CONDITIONS
TERMS AND CONDITIONS
We reserve the right to change, supplement, delete or update these Terms from time to time without any notice to you. We encourage you to refer to these pages periodically to check for any changes. If you continue to access the Sites following the changes to these Terms, you will be deemed to have accepted those changes.
Depending on the Products you purchase and the Services you use, you may be subject to other terms and conditions on different pages of this Sites which are all incorporated by reference into these terms and conditions.
“we” and “us” means Eaglemoss, Inc. with an office at 315 W36th Street, 3rd Floor, Suite 34, New York, NY 10018.
“Products” means those products that we offer to you from time to time through our Site, by mail, insert or over the phone.
“Service(s)” means the use of a Site and the services provided through the Site.
“User” and “you” means any person who visits a Site, purchases a Product and/or uses our Service.
AUTHORIZATION OF USE
Our sites are provided for personal use and you should not use it for business purposes.
You may copy the information published by us on this Site for non-commercial use only by you. You may print off one copy, and may download extracts, of material displayed on the website for non-commercial, personal use only provided our status (and that of any identified contributors or licensors) as the author and owner of the material must always be acknowledged and you must retain all copyright and other proprietary notices contained on the material (if any). You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
PRODUCT RELATED INFORMATION
These are the terms and conditions on which we supply Products. By ordering any of our Products, or enrolling into a continuity program, you agree to be bound by these terms and conditions.
Once we receive your enrollment, whether by mail, online or over the phone, we will send you your Introductory Package within 30 days unless we notify you otherwise.
The number of issues comprising a Product as set out on our site is indicative only of the number of issues that we expect to comprise such Product. We reserve the right to reduce the number of issues comprising a Product and will advise you of your completion. You have no right to any refund for Products already supplied and paid for in the event we reduce the number of issues.
The images of Products and gifts are for illustrative purposes only. We will make every effort to supply such Products and gifts as are listed on the Site but reserve the right to provide alternative items of similar value or to provide such Products or gifts in a different order to that listed on the Site.
PRICE AND PAYMENT
The price of any Products (plus shipping and handling costs) will be as quoted on our site, except in cases of obvious error when we will notify you and either give you the option of purchasing at the correct price or cancelling the order. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation. You hereby authorize us (or our payment processor) to collect payment by the method and at the times indicated in the order form.
To cancel your account, contact our Customer Service Department by calling our toll free number at 1-800-261-6898. By cancelling your account you will not receive any future shipments unless one was en route to you before you cancelled. Please note you will be responsible for any outstanding balance on your account up to the date of cancellation. Writing cancel on your remit slip or sending an email will not cancel your account.
You may return any shipment at your expense within 30 days of receipt for a refund of the purchase price less any shipping and handling charges, if applicable. We recommend that you call customer service to advise us that you are returning a shipment so we may provide you with the correct return address.
If you do not wish to keep a special shipment you receive, you may return it at our expense within 30 days of receipt for a refund of the purchase price and any shipping and handling charges, if applicable. We recommend that you call customer service to advise us that you are returning a shipment so we may provide you with the correct return address.
Unfortunately, We Cannot Accept:
1. Returns received after 30 days from the delivery of your merchandise.
2. Returns without your account number clearly marked on the return.
3. Returns for Products not purchased directly from us, (that is from other web sites or retail stores).
OUR RIGHT TO CANCEL
On certain occasions we may decide due to poor sales of a Product or for other reasons to withdraw that Product. In such event we shall notify you in writing and offer you a refund in respect of any Products for which you have paid but not yet received.
You have no right to any refund for Products already supplied and paid for in the event we decide to no longer offer the Product.
If anything happens that is beyond our control such as a war, riots, fire, flood, labor strikes or failure/delay of transportation (“Event”), we and our subcontractors and suppliers will not be liable for the unavailability of any Service and/or Products or any delay caused by such event beyond our reasonable control.
If an Event takes place that affects the performance of our obligations under these terms we will contact you as soon as reasonably possible to notify you; and our obligations to you will be suspended and the time for performance of our obligations will be extended for the duration of the Event. Where the Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Event is over.
SUBMISSION OF IDEAS
Any ideas that you submit to us on how to improve our Site, the Services and Products automatically become our property and you lose any right or interest you had in such idea. If you want to retain ownership of your ideas please do not submit your ideas to us but rather send us an email at [email protected] and insert “New Ideas” in the subject line and tell us about your idea in very general terms. If we want to pursue the idea we will contact you directly.
By submitting to us any pictures, drawings, clips or other material (“Material”) you grant us, our affiliates, successors, assigns, licensees, and legal representatives, the irrevocable, perpetual, worldwide right and license to use, reproduce, edit, market, store, create derivative works based upon the Material or other intellectual property rights therein, publicly and privately distribute, display, communicate, promote and transmit the Material, through our Site, the mail, in our direct mail pieces, and in any other form as we may designate from time to time in any medium for editorial, commercial, promotional or other purposes. By sending any Material to us you hereby declare such Material is not confidential, secret or proprietary information belonging to someone else. You also agree that any Material submitted by you or on your behalf will not be returned and will automatically become our property without compensation of any kind to you or any third party.
If you have any comments or questions about our Products and or Services please contact our Customer Service Department by clicking Contact Us.
© 2015 Eaglemoss Inc. Copyright in the pages, screens displaying the information, and materials contained in this Site is owned by us unless otherwise stated. Nothing contained in this Site shall confer to you in any manner, any license, title or ownership in, or to, our intellectual property, our parent or affiliates, or any third party.
The titles of Eaglemoss’s collections are unregistered and/or registered trademarks of Eaglemoss. All other product names, trademarks, company names or logos appearing on the website are the trademarks of their respective owners. You may not use any trademark featured on the website without the written permission of Eaglemoss or such other party that may own such trademarks
All trademarks and copyrighted material are used under license by Eaglemoss, Inc. Certain other words and symbols used herein may have trademark, service mark, or trade rights associated with them even though there is no mention of such rights.
If you believe your copyright has been infringed please contact us at the following address with the details:
5815 Carmichael Rd.
Montgomery, AL 36117
Reliance On Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR IN CONNECTION WITH THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, INCLUDING OUR DIRECTORS AND OFFICERS, OUR PARENT AFFILIATES, JOINT VENTURES, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, (COLLECTIVELY THE “EGM GROUP”) FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS(INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF ANY BREACH OR VIOLATION OF THESE TERMS, ALLEGATION OR ACTUAL INFRINGEMENT OF OURCOPYRIGHT, USE OR MISUSE OF THE SITE, SERVICES OR PRODUCTS BY YOU OR ANY OTHER PERSON WHO ACCESSES THE SITE USING YOUR ACCOUNT, OR ANY VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SERVICE, THE CONTENT MADE AVAILABLE THROUGH OUR SITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” ON AN “AS AVAILABLE BASIS” WITH NO WARRANTIES WHATSOEVER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITEOR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
WE DO NOT MAKE ANY WARRANTIES OF ANY KIND WITH REGARD TO THE SERVICES AND PRODUCTS YOU PURCHASE THROUGH, OR ARE ADVERTISED ON, THIS SITE. IN THE EVENT THAT YOUR PRODUCT IS RECEIVED DAMAGED, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
10.4 TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES INCLUDING , BUT NOT LIMITED TO, LOSS OF PROFITS, MATERIALS, DATA OR OTHER TANGIBLES OR INTANGIBLES ARISING OUTOF (I) THE USE OF OR INABILITY TO USE THE SITE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE PRODUCTS, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) ANY CHANGES TO THIS SITE OR THE SERVICES AND PRODUCTS OFFERED, OR (VI) OTHER MATTERS RELATING TO THE SITE OR THE SERVICES OR PRODUCTS OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED $100.00.
DENYING ACCESS TO THE SITE
It is our mission to create a safe and friendly environment for our Users. If you do not comply with these Terms, we may at our discretion, deny you access to the Site.
APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms, your account with us, or Products and Services acquired by you shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.
If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 1-800-261-6898 or by e-mailing us at [email protected].
If you wish to contact us in writing, or if any clause in these terms of supply requires you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post to Eaglemoss Inc., 5815 Carmichael Rd., Montgomery, AL 36117., or [email protected]. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the order.
These Terms constitute the entire agreement between you and us with respect to the Site, the Services and Products. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.
We may transfer our rights and obligations under our agreement with you to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations to you.
You may not transfer your rights or your obligations to us to another person.
No other person shall have any rights to enforce any of its terms.
If we fail to insist that you perform any of your obligations to us, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Revised January 2016