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Terms of Service |
(Dry legal stuff that I suppose has to be here) These terms apply to the following websites: www.bandoraslair.com, www.bandoraslair.net, www.shopbandoraslair.com, www.joyisyourchoice.com, www.soulhealingtreasures.com and www.everydayjoyradio.com By doing business with Bandora's Lair you agree that you have read and understand these terms. Conditions of Use Prices and Terms Subject To Change Without Notice. All items sold as curious only. We make no guarantees on any supernatural or magickal qualities for any product or service, the magick comes from within. These products and services are not intended to replace professional assistance from a licensed healthcare professional. You can jump ahead to the following areas: Payment Policy Typographical Errors: Availability We do our best to identify in the product description those items that may take longer than usual to ship. We do our best to ship an item in your choice of color or gemstone subject to availability. We reserve the right to substitute for the same item in a different color or gemstone of our choice if your prefered color or gemstone is not in stock.
Order Acceptance Policy:
Sales Tax:
Payment Policy: Full payment is required prior to processing of merchandise orders. A deposit is required to reserve classes and services. Paypal E-checks have a 3-4 business day hold for clearance prior to order processing. For clients without access to credit cards or bank accounts, we accept cashier's checks and money orders for services only with a minimum total of $50 and full pre-payment. No deposits or partial payments accepted for this method and the appointment is not confirmed until payment is received. There is a $5 surcharge for this payment method. Personal checks are not accepted. There is a $25 charge for each returned payment or chargeback.
Shipping Policy: Pick-up orders
Policy and Costs for Housecalls Many of our services are available at your home or business. There is a fee associated with this convenience and some requirements to ensure the highest benefit from the session: For all services: Your home or business must provide a safe and private environment away from distractions during the session including other residents/coworkers, visitors, telephones, fax machines, pets and other external noises. I reserve the right to cancel a session upon arrival if I feel that the energies are not condusive to productivity due to any of the above, in such case the deposit and travel fee are non refundable and a refund of the remaining fees will be given if the client prepaid. For healing sessions: Your home or business must offer enough space to setup a massage table with a small table at each end and provide enough room to walk around the table on all sides.
Travel Fee/ House Calls A lot of services are available at your home or office, a nominal fee is added for travel costs in addition to the service fee. Fees for House call Services The fee is per visit. Services that require more than one visit will incur in additional travel fees.
International Orders: Please allow an additional 1-2 weeks for international shipping. All customs and tariffs are the responsibility of the customer.
Gift Certificates: We are not responsible for expired gift certificates. If your gift certificate is lost AND you still have your certificate number, send us an e-mail as soon as possible with the certificate number and we will provide you with a replacement gift certificate for a $1 Processing fee which will be deducted from the certificate balance. We are not responsible for certificates that were redeemed prior to notification of loss.
Classes and Services:
Deposits and Pre-payment In the case of pre-payment, if you miss your appointment and you fail to reschedule at least 3 days in advance, you will receive a refund of the monies paid in the form of a gift certificate minus the non-refundable deposit amount. Our full payment and refund policy can be found here
Now on to the legal stuff..... Terms and Conditions of Use Agreement PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site. PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A RESIDENT OF A PAYPAL COUNTRY OR REGION TO PURCHASE FROM THIS WEBSITE. 1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. 2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. 3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Bandora’s Lair in its sole discretion. If membership has been revoked, Bandora’s Lair reserves the right to refuse application or readmission to the membership program. 4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). 5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site. 6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. 7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you. 8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information. 10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. 11. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. 12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. 13. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. 14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. 15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents. 16. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. 17. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions. 18. Return Policy. Because of the energetic nature of the Egyptian Healing Rods, gemstones and custom products, there are NO RETURNS on these products. Mystery Gift items are not returnable except for items damaged during shipping. We will accept return of merchandise not listed above in saleable condition if notification is received within 7 days of receipt. We will issue Credit to your account or refund you in US dollars after we have received the returned merchandise. Shipping charges are not refundable. The cost of return shipping shall be the responsibility of the customer. There is a 20% restocking fee for non-damaged returned items that will be deducted from your refund or credit. Refused or returned shipments are subject to 20% restocking fee plus shipping charges. There are no refunds on gift certificates, services that have been provided or failure to show up for a scheduled appointment. 19. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF ST LUCIE COUNTY, FL OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF FLORIDA . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT MIAMI, FL OR THE DISTRICT OF FLORIDA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Bandora’s Lair in the State of Florida, USA. As such, the laws of Florida will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws. 20. Lapsed Accounts: In order to keep Bandora’s Lair membership roster current, if a Member does not access his or her account for a period of 365 days or more, Bandora’s Lair may, in its sole discretion, terminate such Member's account. Bandora’s Lair will endeavor to notify a Member of Bandora’s Lair intent to terminate such Member's account by notice to such Member's provided email address at least 7 days prior to deactivation. If the Member fails to respond to such email notice within 7 days after the day it is sent by Bandora’s Lair, such Member's account will be terminated as noted above. Therefore, Bandora’s Lair strongly recommends that all Members keep their accounts and contact data current and in use. While Bandora’s Lair desires to prevent active accounts from being terminated prematurely, Bandora’s Lair has no obligation to maintain accounts that appear to Bandora’s Lair to have been abandoned. Each Member agrees that failure to access his or her account for 365 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated. 21. Verify Members' Address: Bandora’s Lair reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Bandora’s Lair. By using, or continuing to use this website, you are indicating your acceptance of these terms. (gee, wasn't that fun?)
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