TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE
ONLINE PURCHASE OFDR. INSOMNIACS FINE COFFEE,
TEA SMOOTHIES AND CAFE PRODUCTS
(CONSUMERS)
Effective Date: February 01, 2017
The following terms and conditions of sale (the “Terms of Sale”) apply to any product (each a “Product”) ordered from or purchased through the website located at http://drinsomniacs.com/ (the “Website”). By using the Website to place any order for any Product(s) (an “Order”), you hereby accept and agree to be bound by the Terms of Sale, which are a legally binding agreement between you and DR. INSOMNIACS FINE COFFEE, TEA SMOOTHIES AND CAFÉ. (DR. INSOMNIACS)
Orders placed through the Website are to be made for lawful purposes only. By submitting an Order, you represent that you have capacity and authority to commit to these Terms of Sale and that the Order is being placed for lawful purposes.
THESE TERMS OF SALE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS DISCLAIMERS, LIMITATIONS OF LIABILITY, EXCLUSIONS OF LIABILITY AND OTHER PROVISIONS THAT MAY AFFECT YOUR RIGHTS AND REMEDIES. PLEASE REVIEW THESE TERMS OF SALE CAREFULLY BEFORE PROCEEDING WITH YOUR ORDER.
- Website; Account
The use of the Website is governed separately by DR. INSOMNIACS terms of service (the “Terms of Service”), accessible www.eldoradotile.com, and by DR. INSOMNIACS online privacy policy (the “Online Privacy Policy”), accessible www.eldoradotile.com. By submitting an Order, you hereby confirm that you have read and agreed to the Terms of Service and Online Privacy Policy. In the event of any conflict between any provision in these Terms of Sale and any provision in the Terms of Service or Online Privacy Policy, these Terms of Sale shall govern with respect to the subject matter hereof.
Online purchasing is available to you through the account you create on the Website (the “Account”). By submitting an Order, you represent and warrant that: (i) you are the Account holder or an authorized representative of the Account holder, and (ii) all Account information is accurate, complete, and current. Upon any change to the information associated with the Account, including but not limited to contact information such as telephone number(s) and/or email address(es), you are solely responsible for notifying DR. INSOMNIACS FINE COFFEE, TEA SMOOTHIES AND CAFÉ to ensure that the information associated with the Account is accurate, complete, and current.
You represent and warrant that you hold the account corresponding to any telephone number and any email address that you provide to DR. INSOMNIACS, or that you have the account holder’s permission to use such telephone number and email address. You agree to defend, indemnify, and hold harmless the DR. INSOMNIACS FINE COFFEE, TEA SMOOTHIES AND CAFÉ Released Parties (as defined below) (including any party initiating communications on their behalf) from and against any and all losses, actions, claims, damages, costs and expenses (including those related to or arising under the Telephone Consumer Protection Act) arising from, related to, or caused in whole or in part by (i) your provision of a telephone number or email address that you are not authorized to provide or (ii) your failure to notify DR. INSOMNIACS FINE COFFEE, TEA SMOOTHIES AND CAFÉ if you change your telephone number or email address.
- Electronic Documents; Transaction
You hereby agree that your submission of an Order through the Website and your participation in the electronic processes logically associated with the Order constitutes an electronic signature of this Agreement for the Order and has the same legal effect as if you signed such Agreement in ink and shall be deemed valid, authentic, enforceable, and binding.
By submitting an Order, you hereby agree that DR. INSOMNIACS, its service providers, agents, and/or other parties initiating communications on its behalf may provide any communication or notification relating to the Order to you by electronic means, and you hereby consent to receive by electronic means all agreements, documents, disclosures, and/or notices relating to the Order and/or required to be given by applicable law (the “Electronic Communications”). You also consent that DR. INSOMNIACS, its service providers, agents responding to any inquiries or communications relating to the Order, and/or other parties initiating communications on its behalf may contact you by telephonic, electronic, or other forms of communication, including but not limited to e-mail, voice call or text message (including non-marketing calls and text messages made using an automatic telephone dialing system or a prerecorded or artificial voice), fax, or other means, regardless of the format of the original inquiry. You further agree that electronic and/or recorded copies of communications are valid, and that you will not contest the validity or enforceability of such Electronic Communications or any related transmissions, absent proof of altered data or tampering.
By submitting an Order, you acknowledge and agree that all Electronic Communications will (i) have the same legal effect as signed paper communications, (ii) be considered a “writing” or “in writing”, and (iii) be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. You agree that all Electronic Communications and actions recorded by DR. INSOMNIACS FINE COFFEE, TEA SMOOTHIES AND CAFÉ will be deemed valid and admissible originals. If you do not agree with these Terms of Sale, do not use DR. INSOMNIACS Website. You may have the right to withdraw your consent to receive certain Electronic Communications, and, when required by law, DR. INSOMNIACS FINE COFFEE, TEA SMOOTHIES AND CAFÉ will provide you with paper copies upon request. You may make such a request via @dricoffeecafe@gmail.com If you withdraw your consent, DR. INSOMNIACS FINE COFFEE, TEA SMOOTHIES AND CAFÉ reserves the right to terminate your use of the Account and/or the Website. To receive, access, and retain Electronic Communications that DR. INSOMNIACS FINE COFFEE, TEA SMOOTHIES AND CAFÉ sends, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these Terms of Sale, you confirm that you are able to receive, access, and retain the Electronic Communications that DR. INSOMNIACS FINE COFFEE, TEA SMOOTHIES AND CAFÉ may send. You may update your Account’s contact information dricoffeecafe@gmail.com.
You can retain a copy of the Agreement for your records by either printing the document or saving a PDF version of the Agreement on your computer system or mobile device. You confirm that you have sufficient knowledge of the computer system or mobile device used to submit the Order to print or save a copy of these Terms of Sale and other documents relating to the Agreement. The details of the Order, together with other notifications from DR. INSOMNIACS, shall be sent to the e-mail address associated with the Account.