Terms of service

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITES.

Throughout the Website, the terms “we”, “us” and “our” refer to Perky Tataz. Perky Tataz offers the Website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting Perky Tataz and/ or purchasing something from us, you engage in our services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access Perkytataz.com. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this page. It is the customer/users responsibility to check this page periodically for changes. Your continued use of or access to Perkytataz.com following the posting of any changes constitutes acceptance of those changes.

PERKY TATAZ ONLINE STORE TERMS

If you are under the age of 16, you are not permitted to submit any personal information to perkytataz.com. Perkytataz.com is intended for users who are 16 years of age and older. We do not knowingly collect information from individuals under the age of 16 without the verifiable permission of a parent or guardian. If a parent, guardian or anyone else becomes aware of personal information we have collected from an individual under the age of 16, please contact us at mandymills@perkytataz.com.

You may not use perkytataz.com or our products for any illegal or unauthorized purpose nor may you, in the use of our products or services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of the services offered through perkytataz.com.



GENERAL CONDITIONS

Perky Tataz reserve the right to refuse service to anyone for any reason at any time.
You must provide current, complete, and accurate payment information in order to complete a purchase. You must promptly notify us or our Payment Processor if your payment information is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure.

We grant you a limited license to use the Services for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or 
make any commercial use of the Services or any of the contents of the Services.

ELECTRONIC COMMUNITCATION

When you visit the Site, provide your e-mail address to a sales associate, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information on Perky Tataz website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconvenience that may be caused by any errors or inaccuracies, or by our correction of them. Any reliance on the material on the Website is at your own risk. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

MODIFICATIONS TO THE SERVICE AND PRICES

All prices, discounts, and promotions posted on perkytataz.com are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Websites.

PRODUCTS AND SERVICES

We have done our best to display as accurately as possible the colors and images of our products shown on perkytataz.com. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Websites is void where prohibited.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our products, we may place limits on purchases. All orders of the products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe your order is not for personal use, we reserve the right to reject or cancel any order you place.
We do not authorize the purchase of commercial quantities of our products. To that end, we also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders for products that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of these terms. We further reserve the right to cease doing business with customers who violate these terms. We are not responsible for failure to receive an order or technical problems that may hinder the efficacy of an order.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on perkytataz.com at the time of your order. 

SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

Customer will pay all shipping and handling charges specified during the ordering process. 

Risk of loss is passed to the customer upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. Perky Tataz is not liable for any delays in shipments.

COOKIES

A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services.  

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Perky Tataz may choose various third-party website to link to from its own site. However, even if the third party is affiliated with Perky Tataz, Perky Tataz has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Perky Tataz. Perky Tataz has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at the own risk.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

PERSONAL INFORMATION AND PRIVACY

Please refer to the Perky Tataz Privacy Policy for information about how we collect, use and disclose information about you. Our privacy policy governs our use of your information.

By accessing and using Perky Tataz Services, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy. If you do not agree to the terms set out in these Terms of Use, you must not use our Services.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on perkytataz.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice. 
Including after an order is submitted.

Perky Tataz takes no obligation to update, amend or clarify information on perkytataz.com, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on perkytataz.com has been modified or updated.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Perky Tataz does not guarantee, represent or warrant that use of our Website will be uninterrupted, timely, secure or error-free.

Perky Tataz does not warrant the results that may be obtained from the use of perkytataz.com will be accurate or reliable.

You agree that from time to time we may remove all or part of the Website for indefinite periods of time or cancel the Website at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR — USE OF, OR INABILITY TO — USE, PERKYTATAZ.COM IS AT YOUR SOLE RISK.
THE WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR — USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL PERKY TATAZ, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR — USE OF ANY OF THE WEBSITE OR ANY PRODUCTS PROCURED USING THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR — USE OF THE WEBSITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE — USE OF THE WEBSITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Perky Tataz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – DISPUTE RESOLUTION AND ARBITRATION

YOU AND PERKY TATAZ ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PERKY TATAZ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

SECTION 22 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

Perky Tataz reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to perkytataz.com. It is your responsibility to check the Website periodically for changes. Your continued use of or access to perkytataz.com or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to mandymills@perkytataz.com.