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Terms and Conditions

1. Introduction

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These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.

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2. Intellectual Property Rights

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Under these Terms, Dear Honey and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

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3. Products

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Great efforts are made to display the colors, features, specifications, and details of the products available on the Website as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details of the products will be totally and undeniably accurate, complete, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. No item shall be held available for anyone under any circumstance. Prices for all products are subject to change at any time at the discretion of Dear Honey and its licensors.

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4. Purchases and Payment

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We accept the following forms of payment:

  • Visa

  • Mastercard

  • American Express

  • PayPal

  • Discover

You agree to provide complete, accurate, and up-to-date account information for all purchases made via the Website. You further agree to update account and payment information, including email address, payment method, and payment method expiration date, so that your transactions can be completed and we can contact you as necessary. Sales tax will be added to the price of purchases as considered required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You understand and accept that any incomplete payments due to insufficient, inaccurate or incomplete account information, will result in a failure to process your payment and order. The availability of products intended to be purchased at the time of the failed payment process will not be guaranteed, and no product shall be held for any amount of time as a result of a failure to process payment.

You agree to pay all charges at the current prices for your purchases and any applicable taxes or shipping fees, and you authorize us to charge your chosen payment method for such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site for any reason. We may limit quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, by our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

5. Return Policy

Qualification for replacement or refund of a purchased product will be determined on a case-by-case basis and is entirely at the discretion of Dear Honey. You are responsible for contacting Dear Honey within (30) days after the date of delivery (as indicated by the mailing service) with any issues and/ or requests for a replacement product. If approved, a replacement will be produced and shipped. Products no longer in production will not be considered as candidates for replacement.

See “Contact” for contact information.

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6. Restrictions

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You are expressly and emphatically restricted from all of the following:

 

  1. publishing any Website material in any media without explicit written and signed consent from Dear Honey;

  2. selling, sublicensing and/or otherwise commercializing any Website material;

  1. publicly performing and/or showing any Website material without explicit written and signed consent from Dear Honey;

  2. using this Website in any way that is, or may be, damaging to this Website;

  3. using this Website in any way that impacts user access to this Website;

  4. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  5. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

  6. using this Website to engage in any advertising or marketing;

  7. improperly using support services, which includes but is not limited to falsely reporting misconduct, falsely claiming damage on a received product, harass a service respondent, attempting to obtain sensitive information, and sending Unsolicited Bulk Email (UBE);

  8. Delete any proprietary indications from content, including but not limited to watermarks and copyright notices;

  9. Circumvent, disable, or otherwise interfere with security features of the Site, including features that prevent the use of any Content, or enforce limitations on the use of the Site and/or its Content.

  10. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  11. Use any information obtained from the Site in order to harass, abuse, or harm another person.

  12. Take part in in unauthorized linking to of or framing of the Site.

  13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  14. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  15. Make purchases on the Site using a purchasing agent

  16. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for a commercial enterprise or revenue-generating venture

  17. Use the Site to advertise or offer to sell goods and services.

 

Certain areas of this Website are restricted from access by you, and Dear Honey may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

 

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7. No Warranties

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This Website is provided “as is,” with all faults, and Dear Honey makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

 

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8. Submissions

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You acknowledge that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby warrant that you have the right to submit such Submissions. You acknowledge there shall be no recourse against us for any infringement or misappropriation, alleged or actual, of any proprietary right in your Submissions.

 

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9. Site Management

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We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict, limit, or disable (to the extent that it is feasible) any of your Contributions in whole or in part; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to enable the proper working of the Site and the Marketplace Offerings.

 

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10. Privacy Policy

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We care about data privacy and security. By using the Website or Marketplace Offerings, you agree to be bound by the Privacy Policy. Dear Honey collects data for the sole purpose of tracking orders. This data includes order date, delivery date, products purchased, replacement requests, and contact information limited to email and full name. Contact information is temporarily collected until Satisfactory Service has been completed.

“Satisfactory Service” is describing the instance in which a product was purchased, delivered, and no requests have been submitted or approved for replacement, OR a product was purchased, delivered, approved for replacement, and replaced in full as described by the Return Policy, OR a product was purchased, delivered, approved for replacement, and user/ customer became unresponsive during the (14) day return shipping period as described in the Return Policy.

The Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world, you are transferring your data to the United States, and you consent to have your data transferred to and processed in the United States.

 

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11. Corrections

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We reserve the right to correct any typographical errors, inaccuracies, or omissions relating to the Marketplace Offerings, and to change the information on the Site at any time, without prior notice.

 

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12. Limitation of Liability

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In no event shall Dear Honey, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Dear Honey, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. 

 

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13. Indemnification

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You hereby indemnify to the fullest extent Dear Honey from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

 

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14. Severability

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If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

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15. Variation of Terms

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Dear Honey is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

 

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16. Assignment

 

Dear Honey shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

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17. Entire Agreement

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These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Dear Honey and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

 

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18. Governing Law & Jurisdiction

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These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.

  

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19. Contact

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In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:

Dear Honey

heaven@dearhoneyart.com

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