Effective Date: March 10, 2015
WYNN RUBY MAY, AND RESERVES THE RIGHT TO, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. EVEN AFTER YOU AGREE, IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICCATIONS. IN THE EVENT WYNN RUBY MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. Online Children’s Boutique Provider
The Website provides an on-line retail store featuring apparel and accessories designed and created by third parties. Wynn Ruby curates the collection of apparel and accessories offered and may, from time to time, offer apparel and accessories it has designed and created.
A percentage of the purchase price of any such item will be donated via a non-profit organization (such as Kiva.org) in order to provide, through a microfinance institution, loans to a randomly selected female entrepreneur. The entity to whom the funds are contributed, the non-profit organizations through which the funds are contributed, and the microfinance institution providing the contribution are to be selected by WynnRuby, within its sole and absolute discretion.
2. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older and are not prohibited from assenting to this Agreement by any preexisting agreement. You agree that your use of Website is for your own personal, non-commercial purposes only, in order to purchase items. You may not use the Website on behalf of any third party.
You understand and acknowledge that Wynn Ruby is not responsible for any designs, content, item, images, or communications offered by a third party user on or through the Website. Opinions, advice, statements, offers, or other information or content made available on the Website, including, without limitation, through its blog, are the responsibility of the respective poster and not Wynn Ruby. Your reliance upon any information on the Website is at your sole and absolute risk.
Wynn Ruby is a mere service provider and makes no representation regarding the value, quality, authenticity of any item listed for sale to a prospective purchaser or as to the safety, effectiveness, adequacy, accuracy, availability, prices, or legality of the information contained on the Website. You should independently verify any and all information or questions regarding the item as Wynn Ruby relies solely upon information provided from sellers in providing items for sale to purchasers on its Website. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, IN WHATEVER FORM, WITH OTHER USERS. WYNN RUBY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE SELLERS OR ITEMS. YOU AGREE TO HOLD WYNN RUBY HARMLESS FOR ANY CONDUCT OF USERS, INCLUDING ITS SELLERS.
Your further understand and agree that WynnRuby is not a microfinance institution (MFI), will utilize third parties to complete the charitable donation consistent with the terms of this Agreement, is not responsible for ensuring distribution of or repayment of any contributed funds. You acknowledge and agree that the above and following warnings and disclaimers shall apply to all such information, instruction, items and services displayed on and/or offered through the Website. The Website may only work with certain browsers.
Wynn Ruby does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Website. Website is operated in the United States and Wynn Ruby makes no representation that its Website or services are appropriate, lawful, or available for use in other locations. Wynn Ruby does not offer Website where prohibited by law.
3. Use of Website
When agreeing to sell item via WynnRuby.com, Seller certifies that all items are original and authentic and Seller has full legal right and power to sell such items. Wynn Ruby does not guarantee the exact item listed and displayed (via photograph) will be delivered, and it is the Seller’s responsibility to ensure the actual item sold to Purchaser matches that which is listed and displayed on the Website. In the event Wynn Ruby determines that Seller has failed to fulfill Seller’s obligations, Wynn Ruby may terminate Seller, with or without previous notice.
When agreeing to purchase an item via WynnRuby.com, Purchaser agrees to pay all fees and charges for any purchased items. Purchaser agrees that it will not initiate any chargebacks to Wynn Ruby unless otherwise authorized by Wynn Ruby in writing. Purchaser further understands and agrees that it will be responsible and required to pay for any costs associated with any chargebacks that it has initiated against Wynn Ruby. Wynn Ruby may terminate or disable Purchaser’s access to the Website if Purchaser fails to pay any amount owing to Wynn Ruby when due. Purchaser further understands and acknowledges that items are sold as-is. Purchaser agrees that colors, dimensions, and other graphical representations of items may vary slightly on different computer monitors and/or browsers and accepts purchased items as-is. Purchaser’s failure to abide by these terms and conditions may lead to termination of Purchaser’s ability to purchase via the Website.
All prices are in US Dollars. Prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated on the payment page of the Checkout. –OR - Prices do not include applicable sales, use, value added, excise, or any other tax, duty, or charge which is not in effect or may be hereafter imposed by any federal, state, or other authority. All such applicable taxes, duties or other charges shall be paid by you.
Wynn Ruby accepts payment via its website by the payment methods stated, through the use of a payment processor, or any other payment method permitted by Wynn Ruby, within Wynn Ruby’s sole and absolute discretion. Wynn Ruby hereby incorporates SquareSpace/Stripe/authorized payment processor’s policies and terms, including specifically its payment dispute process, into these Terms and you agree to abide by the same.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Wynn Ruby, in writing, within three (3) days of any such dispute. You understand that your failure to notify Wynn Ruby of any dispute within three (3) days will constitute your express waiver of any claims related to the disputed payment.
You agree that you will pay all costs and expenses of collection, including legal fees, incurred by Wynn Ruby in the event of failure to make any payment.
Wynn Ruby ships all orders within 1-2 business days via USPS, UPS or FedEx, depending upon availability, delivery date and cost. If you require expedited delivery, please contact us at firstname.lastname@example.org for more information.
Purchaser is responsible for the shipping costs associated with the delivery of items purchased through the Website as follows:
Total Purchase under $100 - $6
Total Purchase over $100 – Free Shipping
International Shipping - $20
International shipping can take 1-3 weeks depending upon your country’s customs department. You are responsible for any customs fees or other charges. You understand that Wynn Ruby cannot control the length of time of any delays that are caused by customs or any other governmental body, and you agree to hold Wynn Ruby harmless for any such delays.
Unless stated otherwise, all sales are made F.O.B. point of shipment, with the risk of loss or damage passing to Purchaser upon delivery to the common carrier at the point of shipment by Seller.
In no event shall Wynn Ruby be responsible for any loss or damage related to the purchase of, shipment of, or receipt of any item purchased through its Website.
6. Returns and Refunds
General Returns are accepted within seven (7) days from the post date. A full refund will be issued to Purchaser by the same payment means through which the item was purchased (less shipping and handling charges) so long as item is returned in original, unused (including not worn, washed or altered in any way) condition within five (5) days of request made in writing by email to shop@WynnRuby.com, which must include the order number and reason for return. In order to process a return, the item must have a confirmation of delivery to and from the Purchaser. Wynn Ruby does not pay for return shipping or grant refunds for items that are damaged during return shipping.
Sale items are final sale and not eligible for returns or exchanges.
Returns Due to Damage
Purchaser agrees to immediately inspect any purchased item upon receipt. In the event of damage, returns will be accepted only within forty eight (48) hours of delivery receipt. Returns qualified for a full refund due to damage will be issued to Purchaser by the same payment means through which the item was purchased (inclusive of shipping and handling charges) so long as item is returned within seven (7) days of request made in writing by email to shop@WynnRuby.com, which must include the order number, reasons for return, and photographs or other evidence of damage. In order to process a return, the item must have a confirmation of delivery to and from the Purchaser.
No returns or refunds will be issued after fourteen (14) days of any purchase of any item for any reason. All returned items must be unused in their original packaging. Bottles/sippy cups, pacifiers, silverware, plates, bowls, or skincare items are non-returnable. Shipping and handling charges are non-refundable.
All returns should be sent to: Wynn Ruby, LLC
1906 W 36th Street
Austin, Texas 78731
7. Prohibited Uses of Website
You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from, without limitation:
1. Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form;
2. Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;
3. Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;
4. Misusing another user’s personal information;
5. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
6. Circumventing Wynn Ruby’s technological or security protection mechanisms;
7. Using a script, robot, spider, scraper, or other automated technology to access the Website;
8. Attempting to gain access to the private data or personal information of a user of the Website or a third party;
9. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
10. Harassing and/or stalking a third party through your use of the Website;
11. Impersonating another or creating multiple alias accounts;
12. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
13. Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
14. Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful;
15. Posting or transmitting content that incites any illegal activity;
16. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
17. Posting or transmitting content that violates any term or condition of this Agreement; or
18. Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.
8. Ownership of Website Content
You understand and agree that Wynn Ruby is the owner, or licensee, of all rights in and to the Website and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Wynn Ruby. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.
Wynn Ruby hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Wynn Ruby.
Wynn Ruby is the owner of all trademark, trade name, and/or service mark rights, whether registered or under common law, of all its marks, including, without limitation, WYNN RUBY.
9. User Generated Content
Wynn Ruby may provide you with the ability to submit user generated content to or through the Website, which may include, but is not limited to, the item and its listing (collectively “User Generated Content”). You agree that you are the owner of, or have rights to, any and all User Generated Content submitted. You further warrant that any User Generated Content that you submit to the Website will is truthful and will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
By submitting information to the Website, you grant Wynn Ruby a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your information for the customary and intended purposes of the Website and any advertising thereof. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated items, including item, and services and archiving or making backups of the Website. By submitting information to the Website, you further agree to waive all rights of publicity or privacy with respect to the information submitted. You agree to execute any and all documents requested by Wynn Ruby and shall cooperate in any endeavor Wynn Ruby makes to obtain the necessary rights to display your information.
This provision shall survive any termination of this Agreement for the maximum period permitted under applicable law.
10. Third Party Links and Advertisers Promotions
You understand that the Website may contain links to third party websites, applications, or services that Wynn Ruby does not own or control. You agree that Wynn Ruby will not be held responsible or liable for the content of third party websites, applications, or services as well as Advertisers’ advertisements and that Wynn Ruby’s inclusion of those websites, applications, or services as well as Advertisers’ advertisements within its Website does not constitute Wynn Ruby’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services and/or Advertisers.
11. Section 230 of Communications Decency Act
You acknowledge and agree that Wynn Ruby is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Wynn Ruby may edit, remove, or control the content displayed through the Website, you agree that Wynn Ruby will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise. Wynn Ruby may, within its sole and absolute discretion, remove any User Generated Content, for any reason and for no reason at all.
13. Copyright Policy
Wynn Ruby hereby incorporates its Copyright Policy into this Agreement.
All rights not expressly granted herein are reserved to Wynn Ruby.
14. Disclaimer of Warranties
WYNN RUBY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES LINKED TO OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ITEM. WYNN RUBY PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
WYNN RUBY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ITEM. WYNN RUBY DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. WYNN RUBY RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
WYNN RUBY IS NOT RESPONSIBLE FOR THE REPRESENTATION OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER, USER OR ADVERTISER OF WEBSITE.
15. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT WYNN RUBY WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT WYNN RUBY CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR ANY SERVICE PROVIDED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO WYNN RUBY FOR THE WEBSITE AND/OR MEMBER ACCOUNT, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
You agree to hold harmless, indemnify, and defend Wynn Ruby, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Wynn Ruby under the terms of this Agreement will not provide you with the right to control Wynn Ruby’s defense, and Wynn Ruby reserves the right to control its defense regardless of your contractual requirement to defend Wynn Ruby.
18. Resolution of Disputes
This Agreement will be interpreted under and governed by the laws of the State of Texas without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Wynn Ruby will be exclusively resolved through arbitration.
YOU AND WYNN RUBY AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN AUSTIN, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND WYNN RUBY AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF TEXAS IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND WYNN RUBY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
19. COPPA Compliance
The Website is not directed to persons under the age of eighteen (18) and Wynn Ruby will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Wynn Ruby inadvertently collects personally identifiable information, Wynn Ruby will delete the personally identifiable information in accordance with its security protocols, upon notice.
20. Miscellaneous Provisions
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
WYNN RUBY AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WYNN RUBY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
This Agreement remains in full force and effect, unless stated otherwise elsewhere in this Agreement, as long as you use the Website. Notwithstanding the above, Wynn Ruby may, with or without notice, remove content, suspend a Member’s account privileges, or delete a Member account.
Any notice required under this Agreement must be made in writing to Wynn Ruby, LLC, 1906 W. 36th Street, Austin, Texas 78731; with a copy via email to email@example.com.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC