Terms and Conditions

Terms & Conditions

Terms and Conditions for the Sale of Goods

1

Introduction

This Terms & Conditions Policy sets forth the terms of business the parent company Glitzzy Gall apply to the supply of its’ systems, services and products.

Glitzzy Gal considers its’ business outlets whether physical, virtual or through a website to be USA-based.

This agreement applies as between you, the User of the Website or Purchaser and the Company the owner of the Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and the Company acceptance of that offer is deemed to occur upon the Company sending an email to the Purchaser indicating that the order has been fulfilled and has been shipped.

When placing an online order, by clicking the “Accept” button you, The Purchaser, agree to these terms and conditions. By completing and submitting the following electronic order you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.

2

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account”
collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier”
any third party responsible for transporting purchased Goods from the Company Premises to customers;
“Content”
any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
“Goods”
any products that the Company advertises and / or makes available for sale directly or through the Website this includes parts, systems, maintenance and repair services;
“Company”
Glitzzy Gal or any of its’ subsidiaries that may exist from time to time;
“Service”
means collectively any online facilities, tools, services or information that the Company makes available through the Website either now or in the future;
“Payment Information”
any details required for the purchase of Goods from the Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchaser”
any person or business that buys Goods from the Company on the Website;
“Purchase Information”
collectively any orders, invoices, shipment notes, receipts or similar that may be in hard copy or electronic form;
“Premises”
the Company place(s) of business located at; Coon Rapids, MN 55448
“System”
any online communications infrastructure that the Company makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“T&Cs”
the terms and conditions set forth in this document;
“User” / “Users”
any third party that accesses the Website and is not employed by the Company and acting in the course of their employment;
“Website”
one of the Company websites that you are currently using and any sub-domains of that site. This includes any one of:
https://glitzzygal.com

3

Customers

These T&Cs apply to all Purchasers unless otherwise agreed in writing before the ordering of Goods.

4

4 International Customers

If Goods are being ordered from outside the Company country of residence, import duties and taxes may be incurred once the Goods reach their destination. The Company is not responsible for these charges and the Company undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and the Company gives no guarantee that the packaging of the Goods will be free of signs of tampering.

5

Intellectual Property

Subject to the exceptions in Clause 6 of these T&Cs, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Company its’ affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable USA and International intellectual property and other laws.

Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by the Company.

6

Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

7

Fair Use of Intellectual Property

Material from the Website may not be re-used without written permission where any of the exceptions detailed in  Copyright Designs and Patents Act.

8

Links to Other Websites

The Website may contain links to other sites. Unless expressly stated, these sites are not under the control of the Company or that of its’ affiliates. The Company assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

9

Links to this Website

Those wishing to place a link to this Website on other sites may do without prior permission however the Company reserve the right to request removal of such links at the discretion of the Company.

10

Use of Communications Facilities

When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

  • i. obscene or vulgar language must not be used;
  • ii. Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • iii. Content that is intended to promote or incite violence must not be submitted;
  • iv. it is advised that submissions are made using the English language as the Company may be unable to respond to enquiries submitted in any other languages;
  • v. the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
  • vi. Users must not impersonate other people, particularly employees and representatives of the Company or its’ affiliates; and
  • vii. The Company System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.

You acknowledge that the Company reserves the right to monitor any and all communications made to the Company or using the Company System.

You acknowledge that the Company may retain copies of any and all communications made to the Company or using the Company System.

You acknowledge that any information you send to the Company through the System or post on forums or chat rooms may be modified by the Company in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon the Company use of such information must be communicated to the Company in advance and the Company reserve the right to reject such terms and associated information.

11

Accounts

In order to purchase Goods on this Website and to use the enquiry facilities Users have the option to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as the Company may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:

  • i. all information you submit is accurate and truthful;
  • ii. if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
  • iii. you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

It is recommended that you do not share your Account details, particularly your username and password. the Company accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

If you have reason to believe that your Account details have been obtained by another without consent, you should contact the Company immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying the Company of the unauthorised nature of the purchase, the Company accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

12

Termination and Cancellation

Either the Company or a User may terminate an Account. If the Company terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, the Company reserve the right to terminate without giving reasons.

If the Company terminates an Account, any current or pending purchases on your Account will be cancelled and will not be shipped.

The Company reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

If purchases are cancelled for any reason prior to shipment, Purchasers will be refunded any monies paid in relation to those purchases.

If a User terminates their Account any non-shipped purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.

13

Payment

The Company is committed to safeguarding your privacy and for this reason all online payments are made using the Company Payment Service Provider, Paypal.

Paypal provides a secure payment gateway, processing payments for thousands on online businesses, including ours. It is Paypal’s utmost priority
to ensure that transaction data is handled in a safe and secure way. For more information on Paypal and their security compliance, please visit https://www.paypal.com/us/webapps/mpp/ua/privacy-full

The Company will not be liable for any failure by the Purchaser to properly protect data from being seen on the Purchaser’s screen by other persons or otherwise obtained by such persons during the payment process or in respect of any omission to provide accurate information in the course of the payment process.

The Purchaser should check all order and payment details carefully prior to proceeding with the payment.

All Paypal payments are subject to Paypal Terms and Conditions. The Purchaser should read Paypal’s Terms and Conditions carefully; the Company shall have no liability to the Purchaser for such terms or Paypal’s failure to comply with such terms.

14

Goods, Pricing and Availability

Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from the Company correspond to the actual Goods, the Company is not responsible for any variations from these descriptions. This does not exclude the Company liability for mistakes due to negligence on the part of the Company and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.

Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

The Company does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the website.

All pricing information on the Website is correct at the time of going online. the Company reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated periodically.

In the event that prices are changed during the period between an order being placed for Goods and the Company processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

All prices on the Website exclude VAT where stated. The Company VAT number is 156 3280 13.

15

Property, Risk and Account of Profits

Ownership of Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by the Company. Title remains with the Company until payment is complete.If the Purchaser sells the Goods on to its own customers in any form, either as purchased from the Company or forming a component part of a larger Good, and any amount of the purchase price payable to the Company remains outstanding, the Purchaser must complete the payment in full before any part of the order is fulfilled.   Once the payment date has passed, if any sums remain outstanding, the Company has the right to cancel the order and will refund payment less a 50% restocking and convenience fee.

16

Delivery

the Company will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

If the Company receives no communication from you, within 7 calendar days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in good condition  with no problems.

17

Returns Policy

All sales are considered final.

Returns are accepted under the following condition:

The product received was not the one order;

The product arrived damaged or broken.  If this is the case, Buyer must provide a picture of the product clearly showing the defect and corresponding packaging with 7 days of receipt.

 

18

Privacy

View the Company Privacy Policy here

19

Disclaimers

View the Company Disclaimers here

20

Changes to the Service and these Terms and Conditions

The Company reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If the Company is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.

21

Availability of the Website

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law the Company provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

22

Limitation of Liability

To the maximum extent permitted by law, the Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

Nothing in these Terms and Conditions includes  the Company’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

While every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the consumer affairs acts and laws, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

23

No Waiver

In the event that any party to these T&Cs fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

24

Previous Terms and Conditions

In the event of any conflict between these T&Cs and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

25

Third Party Rights

Nothing in these T&Cs shall confer any rights upon any third party.The agreement created by these Terms and Conditions is between you and the Company.

26

Notices

All notices / communications shall be given to the Company either by post to the Company Premises (enquire for postal address by email) or by email to Carol@GlitzzyGall.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

The Company may from time to time send you information about Company products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link in any email which you receive from the Company.

27

Law and Jurisdiction

These Terms and Conditions and the relationship between you and the Company shall be governed by and construed in accordance with the laws of the United Sates of America and the state of Minnesota and the Company and you agree to submit to the exclusive jurisdiction of the Courts of Minnesota.