The Effective Date of these Terms and Conditions is November 6, 2007.
Banded Moon Arts and Media, LLC
P.O. Box 2184
Lee's Summit, MO 64063
Delivery shall be deemed to have been made as documented by certified mail.
The Banded Moon name, the Web site, and all materials available on the Web site are the exclusive property of Banded Moon or its licensors and are protected by copyright, trademark and other intellectual property laws and treaties throughout the world. Banded Moon provides the Web site solely for personal, non-commercial use. You may not use Banded Moon or the content of the Web site in any manner or for any purpose that would constitute infringement of Banded Moon's or our licensors's intellectual property rights. Content includes: text, graphics, logos, slogans, images, audio clips, video clips, overall look or feel, software server information, and anything else hosted on the Web site. All rights to the Web site concept, content, services, and server information are reserved. Any modification made to the content of the Web site by a third party is a violation of Banded Moon's copyright. You may download and/or print one copy of individual pages of the Web site or documents available for download for your personal, non-commercial use.
Any products or designs designated as our design or bearing the Banded Moon name are protected by copyright and/or trademark laws and cannot be duplicated or used without permission from us. Use of our products or designs would constitute infringement of our intellectual property rights and is punishable by law.
All brand, product, service, and process names appearing on the Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Banded Moon. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Banded Moon or any third party, except as expressly granted herein.
You agree that any submissions made by you to Banded Moon, such as product or service ideas, suggestions regarding the Web site, testimonials, or any other comments or suggestions pertaining to Banded Moon, its products, or services, whether in person, in writing, online, on the Web site, or over the phone, become the property of Banded Moon at the time of submission and at no time will Banded Moon provide compensation of any kind for such submissions.
CURRENCY, AGE, AND SERVICE AREA RESTRICTIONS: Prices shown on the Web site are quoted in United States Dollars. Clients purchasing merchandise or services from the Web site must be at least 18 years of age and reside in the U.S. At this time, Banded Moon merchandise is not available outside the U.S.. Merchandise and services may have additional shipping or other restrictions. Orders received for shipping to areas we do not serve will be canceled. We apologize for any inconvenience this may cause.
COMPATIBILITY: You may not be able to access certain Web site functions if your browser is out of date or without installing one or more browser plug-ins. Additionally, other computer settings may affect your ability to access the Web site. Banded Moon does not warrant or make any representation that this Web site will render properly on all Web browsers or computers. If the Banded Moon Web site does not operate or appear correctly, please review your computer settings or try a different browser. If you believe you have identified a browser issue, let us know the browser name and version number which did not work.
USER REGISTRATION AND ORDERING: You may be required to register on the Web site in order to access certain features of the Web site. By registering on the Web site or providing us with any information, or purchasing products or services, you are stating that you are of legal age to enter into a legally binding contract. To register you will choose a user name and a password through the Web site's registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
By completing the ordering and checkout process, you are agreeing to purchase items from this Web site in accordance the Agreement, are agreeing to pay the full amount specified on your order summary, and you confirm the billing and shipping addresses you have provided are correct.
PRODUCT AVAILABILITY POLICY: Products offered on this Web site and items which Banded Moon stocks. Occasionally, it is possible that an item you wish to purchase is out of stock. When available, some items qualify for waitlist or backorder. Waitlist and backordered items are items Banded Moon expects to receive within 30 days or less. As with all of our items, availability of waitlist and backordered items is limited and cannot be guaranteed. By browsing or shopping on our Web site, client understands and agrees to the changing availability of our inventory.
ORDER ACCEPTANCE POLICY: Clients placing an order on the Web site will receive an Order Receipt Notification e-mail indicating Banded Moon has received your order. Please be aware this is not an acceptance of your order. Your order is simply an offer to Banded Moon to purchase a product or service. The shipping of your order is confirmation that your order has been accepted and the contract is formed. We reserve the right to cancel your order at any time before the order is shipped. If this is done, we will notify you and provide an explanation. Should we cancel an order for which payment has been received, Banded Moon will refund your payment in a timely manner.
At any time or for any reason after receipt of your order, Banded Moon reserves the right to accept or decline your order, or any portion thereof, or refuse service, limit order quantities, terminate accounts, and/or cancel orders at its discretion, including, but is not limited to, if your order does not comply with our Terms and Conditions (and Return Policy, if applicable), if Client has made excessive returns, if an order appears suspect or fraudulent, or if Banded Moon believes that the client conduct violates applicable law or is harmful to the interests of Banded Moon or its affiliates, clients, users, employees, agents, subcontractors, representatives, or third-party service providers. In the event that Banded Moon receives an order which appears suspect or fraudulent, information pertaining to such orders will be reported to the proper authorities.
PROHIBITED ACTIVITIES: The following activities are expressly prohibited from the Banded Moon Web site:
ORDER CANCELLATION POLICY: In the event you need to cancel an order, you must reply to the Order Receipt Notification e-mail sent to you upon receipt of your order and indicate you wish to cancel the order. Cancellations for in-stock items must be made within one (1) hour of placing the order, or the processing of the order may not be stoppable. Cancellations for pre-order, waitlist and backordered items may be canceled any time prior to shipment. For your protection, all cancellations must be via e-mail by replying to the Order Receipt Notification.
COUPON POLICY: From time to time, Banded Moon may provide promotional coupon codes for use on our Web site. These coupon codes have restrictions and limitations which apply to our merchandise. Any offer for a coupon-based discount is void where prohibited. Coupon codes are only applicable for use on our Web site and do not apply to prior purchases, gift certificates, taxes, shipping (unless using a free shipping coupon), pre-set shipping surcharges or handling charges. Coupon codes must be entered at time of order to receive discount. Coupon codes are valid only in areas Banded Moon serves and have no cash value. Banded Moon reserves the right to limit the number of items eligible for use with any coupon, the number of times a coupon may be used, and reserves the right to modify or end the offer at any time. Additional restrictions and conditions may apply as stated on coupon.
ACCURACY OF INFORMATION: Information on the Web site may contain technical inaccuracies or typographical errors. Every attempt is made to avoid errors in information provided on the Web site, including but not limited to, availability, pricing and product information. While Banded Moon attempts to make information on the Web site as accurate as possible, Banded Moon does not warrant the content of the Web site is accurate, complete, reliable, current, or error-free. Banded Moon reserves the right to correct any errors and apologizes for any inconvenience.
In case of errors or inaccuracies, Banded Moon is under no obligation to offer you a product or service at a price which was erroneously stated on the Web site, regardless of whether the order has been confirmed and/or payment received. Should an error occur, Banded Moon will attempt to contact you to inform you of the error and to resolve the issue. Should Banded Moon cancel your order due to errors or inaccuracies, and payment has already been received, Banded Moon may, at its sole discretion, offer you the merchandise at the correct price, or will cancel your order and refund your payment in a timely manner upon discovery of such error or inaccuracy. Information, including product pricing and availability, may be changed or updated without notice.
USER INDEMNIFICATION: You agree to indemnify Banded Moon and its affiliates, employees, agents, subcontractors, representatives, and third-party service providers. You agree to defend and hold each of them harmless from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Web site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Web site, or breach of this Agreement.
TERMINATION: Banded Moon may cancel or terminate your right to access or use any part of the Web site at any time without notice. The restrictions on you regarding information obtained or downloaded from the Web site shall survive any cancellation or termination of your right to use the Web site.
Banded Moon ships merchandise to locations within the United States. We apologize but at this time Banded Moon does not bill or ship to general delivery addresses, AFO/APO/DPO/FPO addresses (will bill only), hotels/motels, resorts, or international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
In most cases, orders for in-stock merchandise are processed within two (2) business days, excluding holidays and Sundays, or during periods of inclement weather. Items which are available on pre-order, waitlist or backorder or require additional processing or shipping time will indicate this on the product page. Any shipping times stated on the Web site are IN ADDITION to processing time and are only estimates. Shipping times are NOT guaranteed. Actual times may vary by your location, the carrier selected, weather conditions, or other factors. Oversize or overweight items may require an alternate shipping method which may increase shipping times. Additional handling fees may apply. Not all shipping methods are available for all orders due to size, weight, or delivery address restrictions by the U.S. Postal Service. Orders may ship in multiple packages or from multiple carriers. Banded Moon reserves the right to require Signature Confirmation on any deliveries.
Free shipping offers or promotions are not available on "shipping included" items or items with pre-set shipping charges. Orders placed using a free shipping coupon code are sent using USPS standard mail. Orders qualifying for free shipping due to the order meeting qualifying purchase dollar amounts will ship based on the shipping method you choose during checkout. Other shipping options may be available at your cost. In all instances, shipping surcharges and/or handling charges may still apply on certain items. Banded Moon reserves the right to upgrade the shipping method at our cost.
Additional shipping charges will occur in the following situations:
REFUSED SHIPMENTS: Any charges we incur while attempting to deliver merchandise which is refused (except in the case of damaged shipments which have been documented with the carrier at time of delivery) will be billed to you.
INCORRECT/UNDELIVERABLE SHIPPING ADDRESSES: It is your responsibility to make certain the shipping address you provide Banded Moon is accurate and complete, and a deliverable address. If you paid for your order using PayPal, the shipping address PayPal provides will be used to process your order. Therefore, you must be certain it is accurate. Banded Moon is not responsible for any inaccurate or undeliverable shipping addresses. Any charges we incur to reroute a package or update a shipping address will be the charged to you.
UNSUCCESSFUL DELIVERIES: The shipping carrier will attempt a delivery more than once. If they are still unsuccessful and are unable to leave the package, you will be responsible for the additional charges to have the package returned to us and/or reshipped to you.
If a shipment is returned to us for any of the reasons stated above, in addition to the shipping charges stated above in an attempt to deliver or redeliver, a 15% restocking fee and the actual cost of the original shipment will apply, regardless as to whether the order was shipped using free shipping or not. All related shipping charges we incur and any restocking fees will be deducted from your refund, if any. For further information, refer to our Return Policy.
All purchases made on the Web site for merchandise shipped to Missouri are subject to sales tax. In states where we have no physical presence, we are not required to collect sales tax. However, some states require that their residents file a sales tax or use tax return for items purchased on the Web site. Consult your state tax authorities regarding your requirements under the law. Any sales tax charged by us will be based on the applicable sales tax rate at time the order is placed and displayed on the checkout screen near the total price of your order. While we make every effort to calculate and collect the correct amount of sales tax on each purchase, it is possible for a minor error to occur due the timing of rate changes, districts with multiple taxing rates, tax holidays, etc., causing us to undercollect or overcollect sales tax. By using the Web site, you agree to hold Banded Moon and its agents harmless for any errors that may occur in the calculation of your sales tax and waive your rights to any claim or damages regarding such matters.
THE INFORMATION ON THE WEB SITE HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND IS SUBJECT TO CHANGE WITHOUT NOTICE AS ARE ANY PRODUCTS, SERVICES, PROGRAMS, OFFERINGS, TECHNICAL, OR OTHER INFORMATION DESCRIBED ON THE WEB SITE. BANDED MOON MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, QUALITY, ACCURACY, OR ADEQUACY OF THE WEB SITE, OR THE SUITABILITY, FUNCTIONALITY, OR OPERATION OF THE WEB SITE OR ITS CONTENT. BY USING THE WEB SITE, YOU ASSUME THE RISK THAT THE INFORMATION ON THIS WEB SITE MAY BE INACCURATE, INCOMPLETE, OFFENSIVE, OR MAY NOT MEET YOUR NEEDS AND REQUIREMENTS. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED IN WRITING, ALL PRODUCTS, SERVICES, AND THE INFORMATION, CONTENT, REFERENCES, AND DESCRIPTIONS OF PRODUCTS OR SERVICES ON THE WEB SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. IN NO EVENT WILL BANDED MOON BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT TO THE USER FROM THE USE OF THE MATERIALS, PRODUCTS, OR SERVICES ON THE WEB SITE EVEN IF BANDED MOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any warranty that is provided in connection with any of the products and services described on the Web site is provided by the advertiser or manufacturer only, and not by Banded Moon.
Banded Moon may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Banded Moon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Banded Moon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The descriptions of, and references to, products, services and companies on the Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Banded Moon. The inclusion of material on the Web site does not imply any endorsement by Banded Moon, which makes no warranty of any kind with respect to the subject matter of the Web site materials advertised.
A possibility exists that the Web site materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the Web site materials. Although Banded Moon tries to ensure the integrity and the accurateness of the Web site materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the Web site materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Client Services hours and availability are as shown on our Contact Us page of the Web site. Client Services hours and availability are subject to change at any time without notice.
You agree that your Banded Moon account is non-transferable and any rights to your Banded Moon account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted or archived.
You agree not to file a dispute with PayPal or file a credit or debit card dispute with your card issuer or bank regarding any purchase from Banded Moon without first submitting your concern to Banded Moon in writing and giving us the opportunity to review your concern and respond. Submissions must be made within 60 days from date of purchase and sent to: Banded Moon Arts and Media, LLC, A Limited Company, P.O. Box 2184, Lee’s Summit, MO 64063.
You agree to give Banded Moon 30 days from the date of submission to research and respond to your concern. All false/fraudulent claims are a serious matter. They damage the reputation of a business and are punishable by law. Any false/fraudulent claims filed against Banded Moon will be pursued by any legal means necessary, despite whether or not you have received a credit refund from PayPal or from your credit or debit card issuer or bank.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Banded Moon's Policies, use of the Web site, or relating to the Agreement must be filed within one (1) year after such claim or cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), or be forever barred.
Although the information on the Web site is accessible worldwide, not all products or services discussed in the Web site are available to all persons or in all geographic locations or jurisdictions. Banded Moon, its manufacturers, suppliers, vendors, third-party providers, and advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on the Web site is void where prohibited.
Because public networks, such as the internet, occasionally experience disruptions, Banded Moon cannot guarantee its Web site will be available 100% of the time. The Web site or portions of the Web site may occasionally be down for routine maintenance also. Although Banded Moon strives to provide the most reliable Web site possible, interruptions and delays in accessing the Web site are unavoidable and Banded Moon disclaims any liability for damages resulting from such problems.
A link to a non-Banded Moon Web site does not mean that Banded Moon endorses or accepts any responsibility for the content, availability, or the use of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Condition and section headings in this Agreement are for convenience of reference only and shall not affect the interpretation of the Agreement.
If any term or provision in the Agreement is found to be void, against public policy, unenforceable, or unlawful by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of the Agreement shall survive with the said offending provision eliminated.
In the event of litigation, both parties agree that the laws of the State of Missouri shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the Western District of Missouri in Jackson County, Missouri court.
The nonperformance of any obligation hereunder and under any purchase order or service order submitted hereunder shall be excused during, and as a result of, any calamity, civil disturbance, war, act of terrorism, governmental action or intervention, labor dispute, shortage of raw materials or components, acts of God, or other action beyond the control of the party whose performance is hindered, delayed, or prevented.
The Terms and Conditions stated in this Agreement constitute the entire agreement between you and Banded Moon with respect to the Web site. This Agreement supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Banded Moon with respect to the Web site. By using and/or purchasing from the Web site, you understand and agree to the information provided in the Agreement. No modification of the Agreement shall be effective unless it is authorized by Banded Moon.