TERMS & CONDITIONS
The Leonies, LLC
This document sets for the Terms and Conditions of Sale (the “Terms”) for each product purchased from The Leonies, LLC (“The Leonies”), as well as the Privacy Policy and Terms of Use (“Privacy Policy”) for each user’s access to and use of the The Leonies website, and related pages and applications. The Leonies may update the Terms (on a go-forward basis) and the Privacy Policy at such times as it determines and in its discretion. When The Leonies updates either the Terms or the Privacy Policy, written notice (whether via email or pop-up when the The Leonies website is visited) will be provided to notify customer and/or user.
TERMS AND CONDITIONS OF SALE
These Terms shall govern all orders for the sale of goods from The Leonies to the person or entity (the “Customer”) purchasing The Leonies’ goods through the use of this website. These Terms supersede any prior written or oral agreement, understanding, representation or promise, and any pre-printed or standard terms and conditions related to The Leonies ’s products, and these Terms are the sole and exclusive terms governing the purchase of the product. To the extent any terms contained herein are different from or inconsistent with any other statement, writing, or communication, the terms in these Terms shall control unless the conflicting is acknowledged in a writing signed by an authorized representative of The Leonies . For the avoidance of doubt, The Leonies has and maintains the right, prior to purchase by a customer, to deny a product to any person for any reason or no reason.
PRICES & TAXES; RETURNS: Customer shall pay, in addition to the price for the product(s) on the The Leonies Final Place Order webpage (it being understood by Customer that the final purchase price identified on such price is the actual price of the product, and, if different, not the price identified on any other webpage within the The Leonies website), (i) all taxes required to be paid by Customer on account of the purchase of the product(s), whether through The Leonies’ collection of applicable sales tax through the website payment system, or, if The Leonies does not collect sales tax, then through Customer paying applicable sales or use tax, and (ii) all required shipping and handling expenses for the product(s) to be shipped to the addressed provided by Customer as part of the ordering process. Customer may return the product(s) for any reason within 30 days of shipping fulfillment of the product so long as Customer returns the product to The Leonies in like-new condition with no defects or tags removed.
DELIVERY & RISK OF LOSS: Upon Customer ordering any product(s) from The Leonies, The Leonies will act in a reasonable manner to ensure delivery to Customer within a reasonable period of time. While The Leonies may provide good faith estimates to Customer of when a product may be received by Customer, Customer recognizes a number of factors outside of The Leonies’ control may impact the exact date the product(s) may be received, which could be after the estimate provided by The Leonies. Such factors may include, but are not limited to, the product(s) being lost or misplaced during shipping, delays in receiving materials and/or inventory, destruction of inventory and/or materials from fire, theft, flooding or other acts of God, other force majeure events. The Leonies shall have no liability nor carry the risk of loss for any product(s) once they are placed in the care of the third-party carrier transporting the product(s) to Customer. If a product is damaged when received by Customer, The Leonies will work with the Customer to attempt to make Customer whole and that a replacement product is delivered to Customer, without any cost or expense to Customer and The Leonies.
LIMITED WARRANTY: Unless otherwise set forth in a writing signed by an authorized representative of The Leonies, The Leonies warrants that the product manufactured by it shall be free from defects in material and workmanship when placed by The Leonies with the delivery carrier. If the product does not conform to the warranty stated above, then Customer will inform The Leonies in writing (with pictures being provided showing the defect), and as Customer’s sole remedy, The Leonies shall, at The Leonies’ option, either repair or replace the defective goods or provide a refund to Customer. Any writing by Customer informing The Leonies of a product which does not conform to the warranty herein shall be provided no later than fifteen (15) days from delivery of said product. Unless otherwise agreed to in writing, The Leonies shall not be liable for breach of warranty or otherwise in any manner whatsoever for any product which, following delivery by The Leonies, has been subjected to accident, abuse, misapplication, improper repair, alteration, or improper usage, or any of Customer’s use of the product in any manner inconsistent with The Leonies’ written materials regarding the use of the product. THE WARRANTY CONTAINED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY AVAILABLE TO CUSTOMER AND The Leonies HEREBY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer understands that the warranty granted herein is exclusive to Customer and may not be transferred or assigned by Customer.
LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN EXCEPT SECTION 3 ABOVE: (A) IN NO EVENT SHALL The Leonies BE LIABLE FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION, THIRD PARTY CHARGES AND COSTS, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, THE NEGLIGENT ACTS OR OMISSIONS, BREACH OF CONTRACT, WARRANTY (EXPRESS OR IMPLIED) OR DUTY (STATUTORY OR OTHERWISE) OR STRICT LIABILITY OF The Leonies OR ANY OTHER THEORY OF LEGAL LIABILITY; AND (B) The Leonies’ AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH ALL ORDERS AND CONTRACTS FOR GOODS UNDER THESE TERMS SHALL NOT EXCEED THE CONTRACT PRICE FOR THE GOODS FOR WHICH LIABILITY IS CLAIMED.
APPLICABLE LAW; VENUE; ARBITRATION: The rights and duties of the parties hereunder shall be governed by the laws of North Carolina and exclusive venue for any court action shall lie in Durham County, North Carolina. Any action or proceeding with respect to this agreement shall be resolved by binding arbitration through the American Arbitration Association (“AAA”) conducted by arbitrator(s) selected by the mutual agreement of Customer and The Leonies. This agreement is made pursuant to a transaction in interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.A § 1, without regard to conflict with local applicable laws. The arbitration will be conducted in Durham County, North Carolina at an office to be determined by the Arbitrator. The prevailing party (as determined by the Arbitrator) shall be entitled to recover the cost and expense of the arbitration, including reimbursement of all reasonable attorneys’ fees, expert witness fees, costs of appeal and costs to enforce the arbitration provision contained herein.
NO OTHER CONTRACT PROVISIONS; OTHER: There are no representations, agreements, obligations, or conditions, expressed or implied, statutory or otherwise, relating to the subject matter hereof, other than contained herein. These Terms constitute a completely integrated agreement and cannot be modified unless modifications are accompanied by signed writing approved by The Leonies. If any provision hereof is invalid or not enforceable under applicable law, the remaining provisions shall remain in full force and effect. The Leonies reserves the right to transfer or assign its obligations, rights and responsibilities hereunder, so long as such successor or assign agrees to these Terms. The Leonies’ failure to require Customer’s performance of any of these Terms shall not serve as a waiver of or diminish The Leonies’ rights to require strict performance of these Terms.
PRIVACY POLICY AND TERMS OF USE
User Requirements
All users, as a condition of accessing and using the site, acknowledge and agree that they are using the The Leonies website and products solely for lawful purposes, and that no unlawful dealings or transactions are being facilitated through the use of the site and/or products.
Accuracy of Information
While The Leonies attempts to ensure information accuracy and consistency among all of its webpages and platforms, there are situations where mistakes will be made and information may be inconsistent. Therefore, it is understood that all information, including product specifications, prices, or other relevant information may be updated by The Leonies at any time with or without notice. The price of products shall be the final price identified on the check-out page, regardless of whether a different price (whether higher or lower) was inadvertently stated on a different webpage or platform. Additionally, while all pictures of products on the website will be of actual products, each user’s unique settings and configurations may cause colors to appear different from their actual color.
Features and Use
This website and all of its features, information, software, content, data, processes, user interfaces, trademarks, copyrights and other intellectual property is owned by The Leonies. By accessing the website, purchasing product(s), and accepting the Terms and this Privacy Policy, you hereby agree and acknowledge that you have no ownership or rights in any of such property and that you will not take any action claiming to have any ownership rights in any of the above-referenced features.
Confidentiality and Non-Disclosure
The Leonies hereby agrees that it will not disclose to any third party any of the payment information received by The Leonies during the sale process, such as credit card or debit card numbers, expiration date, security code, or other similar information, unless such disclosure is necessary for The Leonies to perform its internal business or regulatory requirements. In addition, The Leonies will not sell any physical addresses and telephone numbers to third parties without your consent, which may be obtained by The Leonies receiving a specific confirmation of acceptance. In other words, while we may share your data with our business associates who assist The Leonies in complying with legal and regulatory requirements, or we have otherwise hired to ensure the very best customer service and experience, we will not sell your data to any third party for that party to be able to market or solicit to sell you goods or services or for that that third party to have any of your contact information without your consent.
Data Collected by The Leonies
Various data is collected each time a person visits the The Leonies website, including the name of the visitor’s internet service provider, the website used by the visitor to link to the site, the websites the visitor accesses from our site, the visitor’s IP-Address, and other similar data that is not inputted by the user. This data is owned and used by The Leonies for statistical, business operation, marketing, and other purposes. The Leonies will not use such data in a manner that identifies you to any third party. Additionally, this data and your identity will not be sold to third parties to solicit to you various goods or services unless you request or have specifically confirmed otherwise, or unless such transmission is helpful in providing you goods or services you have already requested from us.
Data Provided by Users
Various data, such as names, addresses, contact information, e-mail addresses, information about business operations, experiences, history, or other similar information provided to The Leonies or on the site generally may be collected (whether through registration, completion of forms or e-mails, or general use of and/or postings to the site). All such data and information submitted to The Leonies or collected by The Leonies via the use of the website shall be owned by and remain property of The Leonies, and The Leonies shall be free to use, for any purpose (except as otherwise set forth in this Privacy Policy), any such data or information.
Warranties
All information and materials contained on this website including written or video content, data, profiles, graphics, links, ratings or descriptions, or any other items are being provided “AS IS” and The Leonies is making no warranty as to the accuracy, adequacy or completeness of any information or material, except for official content prepared by The Leonies. The Leonies hereby expressly disclaims any liability, and the user agrees that The Leonies shall not be liable, for any loss, liability, damage, cost, or expense related to or connected to the user’s use of or reliance on the “AS IS” contents of this website. The user recognizes that The Leonies is not making any warranties of any kind in connection with the website including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and freedom from computer viruses.
Indemnification
User hereby indemnifies and holds The Leonies harmless from any loss, liability, expense, cost, or other payment, including reasonable attorney’s fees, The Leonies may suffer related to user’s improper use of the site, any reliance on the property or content contained within the site, and user’s breach or violation of the terms of the Terms or this Privacy Policy, including, without limitation, any misappropriation or disallowed use of The Leonies’ intellectual property.
Damages
The Leonies shall not be liable for any damages of any kind for any loss or expense suffered by any user in connection with the use of this website including, but not limited to, direct, indirect, special, incidental, or consequential damages.
Links to Other Websites
The Leonies’ website may contain links to other websites that are not under The Leonies’ control. Therefore, The Leonies makes no representation and is not liable for the quality, nature, or reliability of any such links. The links provided are for a user’s experience and possible interest, but does not imply endorsement by The Leonies unless specifically stated so by The Leonies.
Sharing of Data
The Leonies hereby agrees that any data submitted to The Leonies by a user of the website which is personally identifiable information with respect to such user will be held by The Leonies and not distributed to any person or third party in a format that could reasonably identify the user without the user’s prior consent. The Leonies may, however, aggregate, analyze, combine, segregate, de-identify, or otherwise manipulate all such data and use any such data for any purpose The Leonies deems to be appropriate, so long as the disclosure of any such data does not specifically link or identify a person with any of their PII. Any data submitted to The Leonies that is not personally identifiable information is owned by and may be used by The Leonies in any manner that The Leonies determines.
BY AGREEING TO THESE TERMS AND CONDITIONS, THE USER UNDERSTANDS THAT DATA SHARED WITH THIRD PARTIES IN ACCORDANCE WITH THE PRECEDING PARAGRAPH MAY BE USED BY The Leonies AND/OR SUCH THIRD PARTIES FOR MARKETING AND OTHER COMMUNICATION PURPOSES.