Last updated: February 27, 2023
Introduction
Welcome to the Counting Daisies® Clothing, Dress, Christmas Dress website (the “Site”). This Site is owned and operated by Counting Daisies LLC (“Counting Daisies,” “we,” “us” or “our”). These Terms and Conditions, together with our Privacy Policy and any other terms specifically incorporated by reference, govern your access to and use of this Site.
Please read these Terms carefully before using this Site. By using this Site, registering an account, or placing an order, you signify your agreement to these Terms. If you do not agree to these Terms, you may not access or use this Site. We may revise these Terms at any time by updating this page. Your continued use of this Site after a change has been posted constitutes your acceptance of the changed terms.
You must be at least 18 years old or the applicable age of majority in your jurisdiction to use this Site.
Use of Site
Permissions: Subject to your compliance with these Terms, Counting Daisies grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use this Site solely for purposes of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on this Site without our prior written permission.
Prohibited Activities: You may not access or use this Site to take any action that could harm us, our business, customers, suppliers, or other users, or to attempt unauthorized access to any portion of the Site. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. You may not impersonate any other person or entity or provide false information to gain access to or use the Site. You may not integrate any portion of the Site into your own website or any other website without our prior written permission. We reserve the right to deny or revoke access to the Site or its features to anyone who violates these Terms.
User Content: You retain ownership of any text, graphics, photos, audio, videos, and other content you upload or post to the Site (“User Content”), but you grant Counting Daisies a perpetual, worldwide, non-exclusive, royalty-free license to use, copy, store, display, reproduce, modify and distribute your User Content on or through the Site solely for purposes of operating and providing the Site. Counting Daisies has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to remove any User Content for any reason in our sole discretion.
Accounts: You may need to register for an account to place orders or access certain features. You are responsible for maintaining the confidentiality of your account password. You are responsible for all activities under your account. You agree to notify us immediately of any unauthorized use of your password or account.
Purchases and Payment
Order Acceptance: Orders do not constitute a contract between you and Counting Daisies until we accept the order by processing payment and sending you a confirmation email, at which point the contract is binding. We reserve the right to deny any order for any reason, including availability of inventory.
Prices and Payment Terms: You agree to pay the prices displayed at the time you place an order as well as any applicable sales tax. Prices are subject to change at any time. We accept payment by credit/debit card or other payment methods we may specify. No cash on delivery. You authorize us to charge your chosen payment method to complete your purchase.
Shipping and Delivery: We will arrange for shipment of ordered products to you. Please check the individual product page for specific delivery options. You will pay any shipping costs shown. We may ship products separately. Delivery dates given are estimates only – we are not responsible for shipping delays. Risk of loss transfers to you on delivery. You must inspect packages and notify us within 3 business days of delivery if any products are damaged, defective or missing.
Returns and Refunds: You may return most unused products in their original condition within 30 days of delivery for a refund. Please check our Returns Policy for details and exceptions. Custom and personalized items are non-refundable. We will process eligible returns within approximately 3-5 business days of receiving the return. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your bank’s policies. You are responsible for return shipping costs unless the return is due to our error.
Intellectual Property Rights
Site Content: The content on this Site, including text, graphics, logos, icons, images, audio and video clips, downloads and data compilations is the property of Counting Daisies and/or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Counting Daisies and protected by U.S. and international copyright laws.
Trademarks: “Counting Daisies” and the Counting Daisies logo are trademarks of Counting Daisies LLC. Third party trademarks mentioned on the Site are trademarks of their respective owners. Our use of third-party trademarks does not imply endorsement or affiliation.
Copyrights in User Content: By uploading or posting User Content, you grant us an irrevocable, perpetual, worldwide, royalty-free, and non-exclusive license to use, copy, store, display, reproduce, modify, and distribute your User Content on or through this Site for purposes of operating and providing this Site. You own and are solely responsible for your User Content.
Disclaimer of Warranties
Site Content: Content on this Site is provided for informational purposes only. We make no representations or warranties about the accuracy, completeness or timeliness of the content. We make no warranty that: (i) the Site and content will meet your requirements; (ii) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (iii) results that may be obtained from use of the Site will be accurate or reliable. THE SITE AND CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
User Content: Counting Daisies makes no representations or warranties concerning any User Content on this Site, including regarding the legality, truthfulness, appropriateness, originality or infringement of intellectual property rights in User Content. Counting Daisies does not preview, monitor or edit User Content.
Products: Any descriptions, photos, representations or specifications regarding products on this Site are provided “AS IS” without warranty of any kind, either express or implied. Actual product may differ.
Fitness for a Particular Purpose: Counting Daisies makes no warranties that access to the Site or any services offered on the Site will be uninterrupted or error-free or free from viruses or harmful components, or meet your requirements.
Limitation of Liability
IN NO EVENT SHALL Counting Daisies BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, OR ANY GOODS OR SERVICES PURCHASED THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnity
You agree to defend, indemnify and hold harmless Counting Daisies and its officers, directors, shareholders, employees, affiliates, vendors, and suppliers from any losses, damages, claims and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms or use of this Site. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnity by you and you will cooperate with us in such case.
Privacy
Please review our Privacy Policy which explains how we collect, use and disclose information about you.
Applicable Law and Jurisdiction
These Terms are governed by the laws of the State of Delaware without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or this Site will be resolved exclusively in the state or federal courts located in Delaware. We make no representation that this Site is appropriate or available for use outside of the United States.
Termination
We reserve the right to terminate your access to this Site at any time and without notice, including if we determine that you have violated these Terms. We are not liable to you or any third party for any termination of your access.
Entire Agreement; Severability
These Terms constitute the entire agreement between you and Counting Daisies relating to their subject matter and supersede any and all prior or inconsistent understandings. If any provision is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law and the other provisions will remain in full force and effect.
Contacting Us
Please feel free to contact us with any questions or concerns you may have about these Terms or our Site. You may reach us at:
Counting Daisies LLC
123 Main Street
Anytown, USA 12345
Email: [email protected]
