NOTICE TO CUSTOMER: PLEASE READ THIS CONTRACT CAREFULLY. BY COMPLETING A PURCHASE FROM BABY BELLE'S ROOM (THE "COMPANY") YOU (THE "CUSTOMER") ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE PRODUCTS AND ON WHOSE BEHALF THEY ARE USED. IF YOU DO NOT AGREE, DO NOT CONTINUE WITH YOUR PURCHASE. IF YOU ACQUIRED THE PRODUCTS WITHOUT AN OPPORTUNITY TO REVIEW THIS AGREEMENT AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE PRODUCTS AND (B) RETURN THEM, AT YOUR EXPENSE, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH THEY WERE OBTAINED WITHIN THIRTY (30) DAYS OF THE ORIGINAL PURCHASE DATE (THAT IS, THE DATE YOUR ORIGINAL PAYMENT WAS MADE).
This agreement is made between Baby Belle's Room (the "Company") and You (the "Customer"). The Company and the Customer agree as follows:
1. The Company will provide the following products and services to the Customer under the terms and conditions of this agreement:
Hand-Cut Letters with Ribbons Attached and Wall Hanging Nails (the "Product")
Custom Hand-Painting by a Professional Artist (the "Services")
2. The Company agrees to perform such Services diligently using its best efforts and providing competent personnel and adequate time to complete the work to professional standards of high quality. The Company may complete such Services at the times as may be agreed by the parties.
3. As payment for the completed Product described above, and in addition to the release provided in paragraph 5 below, the Customer shall provide payment in full to the Company upon ordering payable in the following manner:
PayPal or Personal Check
4. The delivery of the Product to be provided by the Company pursuant to this agreement shall begin not later than 4-6 weeks from the date of payment, unless additional monies are paid for rushed delivery ("Race the Stork").
5. DISCLAIMER OF LIABILITY AND RELEASE BY CUSTOMER - READ CAREFULLY: The Company has informed the Customer, and the Customer acknowledges having been informed that the Product and Services described above involve certain inherent risks and dangers including, but not limited to the following:
Letters may fall from the wall if hung improperly by Customer.
Letters and nails included with order are NOT toys and should be kept out of the reach of children.
6. NO WARRANTY. The Product is being delivered to you "AS IS" and Baby Belle's Room makes no warranty as to its use. BABY BELLE'S ROOM AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, BABY BELLE'S ROOM AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused.
7. THE COMPANY DISCLAIMS ALL LIABILITY FOR DAMAGES AND INJURIES THAT MAY RESULT FROM ALL RISKS REFERRED TO IN THIS PARAGRAPH, and the Customer, having been so informed, in further consideration of the Company's willingness to provide such Product and Services, hereby releases, discharges and acquits the Company, and its employees, agents, successors and assigns, from any and all claims, actions, suits, or liabilities that may arise as a result of or in connection with the performance of the services not resulting directly and wholly from the negligence of the Company, its agents and employees.
8. The parties agree that no employer – employee relationship is created by this agreement, but that the relationship of the Company to the Customer shall be that of an independent contractor.
9. This agreement shall be governed by the laws of the State of Georgia.
10.If any part of this agreement is adjudged invalid, illegal, or unenforceable, the remaining parts shall not be affected and shall remain in full force and effect.
11. This agreement shall be binding upon the parties, and upon their heirs, executors, personal representatives, administrators, and assigns. No person shall have a right or cause of action arising out of or resulting from this agreement except those who are parties to it and their successors in interest.
12. This instrument, including any attached exhibits and addenda, constitutes the entire agreement of the parties. No representations or promises have been made except those that are set out in this agreement. This agreement may not be modified except in writing signed by all the parties.
If you have any questions regarding this Agreement or if you wish to request any information from Baby Belle's Room, use the address and contact information included with the Product.