These Terms and Conditions of Use are the contract between you, the Customer, and Nancy Boy, Inc. concerning access to and use of this website. You must read these Terms and Conditions of Use, and if you are using this web site, you are agreeing to all the Terms and Conditions of Use stated here.
This Website is operated by Nancy Boy, Inc., a California corporation ("Nancy Boy") to allow its Customers to shop online for NANCY BOY (TM) products. The principal place of business is 347 Hayes Street, San Francisco, CA 94102, its officers, directors, shareholders, employees, agents, parent, subsidiaries and affiliates.
The purchase of merchandise through Nancy Boy, Inc. is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of California.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet Nancy Boy, Inc.'s terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Nancy Boy, Inc. whose applications are acceptable to Nancy Boy, Inc. and who have authorized Nancy Boy, Inc. to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Nancy Boy, Inc. reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and should Nancy Boy, Inc. feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
PRICING & TAX
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped within California. Customers shipping outside the US will incur relevant import duty and tax, payment of which are the customer's sole responsibility. All prices quoted on this Website do not include shipping, handling, delivery and insurance costs or any sales, use or delivery charges and duties, for which you are solely responsible and which will be added to the product price indicated in this Website.
Orders for NANCY BOY (TM) products are accepted only through this Website. Any purchases made through this Website must be paid for at the time of order by duly authorized use of a valid credit card or PayPal account in good standing. No order will be shipped unless and until appropriate approvals from the lender issuing the credit card and or PayPal have been received; any charges denied will be the responsibility of the person placing the order. See the order form on this Website for more details; if you place an order through this Website, you are agreeing to the terms and conditions on the order form, but these Terms and Conditions of Use will control in the event of a conflict between the order form and these Terms and Conditions of Use. For information about security of orders placed through this Website, see below.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and Nancy Boy, Inc. will be perfected when we ship the goods to you at which time you will receive a second email containing your tracking number, and confirming that your order has been shipped. The sale contract is therefore concluded in the State of California, USA, and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms and Conditions of Use.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by American Express, MasterCard or Visa credit/debit cards or via PayPal. Payment will be debited and cleared from your account upon shipment of your order by Nancy Boy Inc.. You confirm that the credit/debit card or PayPal account that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card or PayPal account to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Nancy Boy, Inc. we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are encrypted in a secure host environment. To help ensure that your shopping experience is safe, simple, and secure, Nancy Boy, Inc. uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
SHIPMENT & DELIVERY
Domestic and International orders are shipped via United States Postal Service or UPS/FedEX Ground or Express Service. Orders are dispatched without signature requirement and risk of loss and title for any products ordered through this Website passes to you upon delivery by Nancy Boy or its agent to the common carrier. Delivery with signature is available for an extra fee on domestic orders only. Pricing for international shipments is determined by real-time United States Postal Service calculations based on estimated package weight. The actual shipping cost paid by Nancy Boy may be lower than the shipping price paid by the customer due to volume-based shipping discounts and/or shipping weight rounding. In no case is the customer entitled to a cash refund or any other form of compensation resulting from a discrepancy in the shipping price paid and actual shipping cost, nor will the customer be responsible for any discrepancy that results in a greater actual shipping cost than that which was collected at time of order placement.
NANCY BOY (TM) products are non-refundable, non-exchangeable and non-returnable except in case of product damage. Original shipping costs are non-refundable. In the event of a damaged shipment, at Nancy Boy's sole discretion, Nancy Boy may file a claim with the shipper on the customer's behalf or otherwise ensure the provision of a replacement. Proof of damage may be required before the filing of claims and/or replacement shipment.
LOYALTY CLUB (CLUB NANCY BOY)
At its sole discretion, Nancy Boy invites selected customers to participate in its customer loyalty program Club Nancy Boy. Nancy Boy may add to and/or change the Club Nancy Boy program terms at any time. For example, we could:
Nancy Boy also may cancel the program at any time.
To use some of the services or features made available to you on as a Club Nancy Boy member you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at contact at nancyboy dot com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify Nancy Boy, Inc. immediately of any breach of security or unauthorized use of your account. Although Nancy Boy, Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Nancy Boy, Inc.'s losses or others due to such unauthorized use.
Access to and use of password-protected areas of the site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Nancy Boy immediately. Nancy Boy may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this site, have been made by you unless we receive notice indicating otherwise.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Nancy Boy, Inc. Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Nancy Boy, Inc. and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Nancy Boy, Inc. tries to ensure that the information on this site is accurate and complete. Nancy Boy, Inc. does not promise that Nancy Boy, Inc.'s Content is accurate or error-free. Nancy Boy, Inc. does not promise that the functional aspects of the Site or Nancy Boy, Inc.'s Content will be error free or that this Site, Nancy Boy, Inc. Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
While we do not solicit product ideas or improvements from our Customers, Nancy Boy would be happy to hear from you with any comments or suggestions to you might have about our products and our business. If you send or submit anything to Nancy Boy, whether as suggestions, comments, feedback, ideas, opinions, concepts, graphics, text, drawings, or other materials (collectively, "Submissions"), all Submissions will be and remain the property of Nancy Boy and shall constitute an assignment to Nancy Boy of all worldwide right, title, and interest in all copyrights and other intellectual property rights in and to the Submissions. Nancy Boy will not be limited in its use of the Submissions (whether commercial or otherwise), if any use if made, and Nancy Boy is under no obligation either to use or respond to the Submissions or to credit or compensate you in any way.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions of Use, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than Nancy Boy, Inc. Nancy Boy, Inc. has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
LIMITATION OF LIABILITY & SOLE REMEDY
NANCY BOY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE. NEITHER NANCY BOY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, BREACH OF SECURITY, UNAUTHORIZED OR ACCIDENTAL DISSEMINATION OF PERSONAL DATA, DEFECTS, VIRUSES, AND/OR DELAYS, ANY OF WHICH RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, NANCY BOY'S NEGLIGENCE OR YOUR OWN NEGLIGENCE, ERRORS AND/OR OMISSIONS, OR ANY OTHER CAUSE, EVEN IF NANCY BOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS LIMITATION OF LIABILITY SECTION APPLIES TO ALL CONTENTS OF THIS WEBSITE AS WELL AS PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES IS PROHIBITED OR LIMITED, NANCY BOY'S LIABILITY IS LIMITED ONLY TO THE EXTENT REQUIRED BY THAT JURISDICTION. YOUR SOLE REMEDY AGAINST NANCY BOY IS A REFUND OF THE PRICE PAID FOR ANY PRODUCTS YOU PURCHASED THROUGH THE WEBSITE FROM NANCY BOY.
At our request, you agree fully to defend, indemnify and hold harmless Nancy Boy, Inc. immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions of Use by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Site and the Services.
GENERAL LEGAL TERMS
(a) Complete Terms: The Terms and Conditions of Use constitute the whole legal agreement between you and Nancy Boy, Inc. and govern your use of the Services and completely replace any prior agreements between you and Nancy Boy, Inc. in relation to the Services. Notwithstanding the foregoing, you understand that Nancy Boy, Inc. may make changes to the Terms and Conditions of Use from time to time. When these changes are made, Nancy Boy, Inc. will make a new copy of the Terms and Conditions of Use available at http://www.nancyboy.com You agree that Nancy Boy, Inc. is under no obligation to provide you with notices regarding changes to the Terms and Conditions of Use. You understand that it is your responsibility to check the Terms and Conditions of Use regularly for changes.
(b) Modifications to the Services: Nancy Boy, Inc. is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Nancy Boy, Inc. provides may change from time to time without prior notice to you. You further acknowledge and agree that Nancy Boy, Inc. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Nancy Boy, Inc.'s sole discretion, without prior notice to you.
(c) Confidentiality: You understand that Nancy Boy, Inc. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Nancy Boy, Inc. reserves the right to revoke these exceptions either generally or in specific cases.
(d) No Joint Venture or Partnership. These Terms and Conditions of Use contemplate only the use of this Website to allow its Customers to shop online for NANCY BOY (TM) products. No joint venture, partnership or other such arrangement with Nancy Boy shall be inferred or implied solely by reason of such access and use by any party.
(e) Section Headings. The section headings used in these Terms and Conditions of Use are for reference and convenience only and shall not constitute part of the Terms and Conditions of Use for purposes of interpretation or enforcement.
(f) Terminology. "We," "us," "our" and "Nancy Boy" refer to Nancy Boy, Inc., a California corporation. "You," "your" and "Customer" refer to any party other than a duly authorized representative of Nancy Boy who accesses this Website.
(g) Controlling Law; Dispute Resolution; Attorney Fees. Nancy Boy controls and operates this Website from its offices in San Francisco, California. These Terms and Conditions of Use shall be controlled by and interpreted under the laws of the State of California, without regard to its conflicts of laws principles. Those parties accessing this Website from other jurisdictions do so by their own choice and are solely responsible for their personal compliance with the laws of other jurisdictions to which they may be subject.
Any dispute arising out of or relating to these Terms and Conditions of Use and the purchase or use of products offered through this Website shall be heard exclusively in the courts located in the City and County of San Francisco, California. Those accessing this Website hereby irrevocably consent to such location as the sole and exclusive venue (and to personal jurisdiction of the courts located there) for the purposes of resolving or litigating any dispute.
The prevailing party in any dispute hereunder shall be awarded reasonable attorney fees and costs in connection with such dispute.
(h) Severability. If any provision of these Terms and Conditions of Use shall be found unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be rewritten to the least extent necessary to make the provision enforceable. If the provision cannot be rewritten, then the provision shall be deemed severed from these Terms and Conditions of Use and the remaining provisions shall be read and interpreted so as to support the original intention of the parties.
(i) Survival. All consents, agreements, covenants, representations and warranties of Nancy Boy and of those accessing this Website shall survive such access.
(j) Integration. These Terms and Conditions of Use constitute the entire agreement regarding the subject matter of this Website as between Nancy Boy and those accessing this Website during the time this version of the Terms and Conditions of Use are posted, and such Terms and Conditions of Use shall not be modified except in writing, signed by both parties.
(k) No Waiver. The waiver of any provision of these Terms and Conditions of Use shall not be considered a waiver of any other provision or of Nancy Boy's right to later require strict adherence to each of these Terms and Conditions of Use.
HOW TO CONTACT NANCY BOY
This website is operated by Nancy Boy, Inc., a California corporation. You can contact us through the options on our contact page.
Nancy Boy does not accept orders submitted by mail or by any means other than the order form contained in this Website.
Copyright & Trademark
All Website design, text, graphics and other content and the selection and arrangement thereof, Copyright © 2015 Nancy Boy, Inc. All rights reserved.
NANCY BOY and the Daisy Logo are trademarks of Nancy Boy, Inc. All rights reserved.