Terms of Service

Terms and Conditions for the Online Sale of Goods and Services.

This document contains important information about your rights and obligations and the conditions, limitations and exclusions that may apply to you. These terms require arbitration rather than jury trials to resolve disputes. By ordering products or services through this website, you accept and are bound by these terms and conditions.

You may not order or obtain products or services from my website if you (A) do not agree to these terms, (B) are under (i) 18 years of age or (ii) are under the legal age to form a binding contract with Avery Evans, or (C) are barred from accessing or using this website or any content, goods or services on this website under applicable law.

These terms and conditions apply to the purchase and sale of products and services through the www.AveryEvans.shop page and accounts on Facebook® and Instagram (https://www.facebook.com/cocoandjune, https://www.instagram.com/cocoandjune/).

Please read these terms carefully, my Terms of Use and my Privacy Policy, which are incorporated into these terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time and any modifications will be effective immediately upon my posting. All changes I make will be reflected in the date at the top of the document. It is your responsibility to review any modified Terms. Your purchase of any products or services offered through the Site constitutes your acceptance and agreement to any changes. For your convenience and future reference, the date these Terms were last revised is listed above so that you can compare different versions to determine if there have been changes.

Order Acceptance and Cancellation. You agree that your order constitutes an offer to purchase all products and services listed in your order in accordance with these Terms. All orders must be accepted by us or we will have no obligation to sell you products or services. We may not accept any order at our sole discretion. Upon receipt of your order, we will send you a confirmation email containing your order number and details of the goods you ordered. Your order will not be accepted and no contract of sale between Avery Evans and you will be formed unless you receive an order confirmation email.

Prices and Payment Terms.

(a) All prices posted on the Site are subject to change without notice. The price of the products or services you purchase will be the price in effect at the time your order is placed and will be set forth in your order confirmation email. Price increases will apply only to orders placed after such changes. Listed prices do not include taxes or shipping and handling charges. You will be able to see all such taxes by checking the total of the items in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any quote and reserve the right to cancel any order resulting from such errors.

(b) Payment terms are determined by us in our sole discretion and payment must be received before we accept an order. We accept [list of approved credit cards/other payment methods] for all purchases. You represent and warrant that: (i) the credit card information you provide to us is true, correct and complete; (ii) you are duly authorized to use the credit card to make purchases; (iii) charges you incur will be honored by your credit card company; and (iv) you will pay charges you incur at the posted prices, including all applicable taxes, if any.

Shipping; Delivery; Title and Risk of Loss.

(a) We will arrange to ship the products to you. Please see the individual product pages for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

(b) Title and risk of loss pass to you upon our delivery of the product to the carrier. Shipment and delivery dates are estimates only and are not guaranteed. We are not responsible for any shipping delays and will not refund orders lost in the mail. However, if the carrier does not deliver the item, you must notify us within 30 days of the original delivery date. We reserve the right to replace the lost item at our sole discretion after prompt notification.

Returns and Refunds. Except for items that are designated as non-returnable on this Site, we will accept returns for a refund less the original shipping and handling charges, provided that the return is completed within 30 days of shipment and the item must be in its original condition. To return an item, please contact our Returns Department at Support@AveryEvans.shop. You are responsible for all shipping and handling charges for returned items. You bear the risk of loss in transit, which means that you will not be eligible for a refund if the item is not returned to us. We will process a refund within approximately 3 business days of receiving your item. Refunds will be issued to the payment method you used to purchase the product on this website. We do not offer refunds for any merchandise that is designated as non-returnable on this website.

Limited Warranty.

This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state. We warrant that products purchased from this website will be free from defects in materials and workmanship during the Warranty Period.

We limit the duration and remedies of all implied warranties, including, but not limited to, the warranty of merchantability and the warranty of fitness for a particular purpose, to the duration of this Limited Warranty. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Our liability for defective products is limited to repair, replacement or refund as set forth in this Warranty Statement. Our liability for defective services is limited to repair, re-performance or refund as set forth in this Warranty Statement.

(a) This Limited Warranty applies only to the original purchaser of the products and services purchased from this website and does not apply to any subsequent or other owner or transferee of the products. This Limited Warranty covers defects in materials and workmanship in the products and services you purchase from us during the Warranty Period (defined below). This Limited Warranty does not cover any damage caused by shipping, storage, improper use, failure to follow product instructions or to perform any preventive maintenance, modification, unauthorized repairs, normal wear and tear, or external causes (such as accidents, abuse, or other acts or events beyond our reasonable control). This Limited Warranty is effective from the date of your purchase and lasts for one year (the “Warranty Period”). The Warranty Period will not be extended if we repair or replace the Covered Product, or re-perform the Warranty Service. We may change the validity of this Limited Warranty at our sole discretion, but any changes will not be retroactive.

(b) For any defective product during the Warranty Period, we will, at our sole discretion: (i) repair or replace such product (or defective part) free of charge; or (ii) refund the purchase price of such product. If we choose to repair or replace the defective product, we will also pay the shipping and handling costs to return the repaired or replaced product to you.

(c) Limitation of Liability. The remedies set forth above are your sole and exclusive remedies and our entire obligation and liability for any breach of this Limited Warranty. IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR A DEFECTIVE PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, AND IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFITS, ANY DIMINUTION OF VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU BELIEVE THAT WE HAVE NOT PERFORMED AN OBLIGATION UNDER THIS LIMITED WARRANTY OR THESE TERMS, YOU MAY REFER TO THE INFORMAL DISPUTE PROCEDURE DETAILED IN SECTION 11.

USE AND OWNERSHIP OF INTELLECTUAL PROPERTY. YOU ACKNOWLEDGE AND AGREE THAT:

(a) EACH PRODUCT AND SERVICE MARKETED ON THE SITE IS LICENSED, NOT SOLD, TO YOU AND OTHER PROSPECTIVE CUSTOMERS ONLY FOR USE, AND IS SUBJECT TO THE TERMS, CONDITIONS AND RESTRICTIONS OF THE LICENSE AGREEMENT POSTED OR AVAILABLE TO YOU THROUGH A LINK ATTACHED TO THE DISPLAY OR DESCRIPTION OF SUCH PARTICULAR PRODUCT OR SERVICE.

(b) You shall comply with all terms and conditions of the specific license agreement for any product or service obtained through the Site, including, without limitation, all confidentiality obligations and restrictions on the resale, use, reverse engineering, reproduction, creation, modification, improvement, sublicense and transfer of such licensed products and services. You shall not cause, induce or permit others to fail to comply with the terms and conditions of any such product and service license agreement.

(c) Avery Evans is and shall remain the sole and exclusive owner of all intellectual property rights in and to each product and service offered on the Site and any related specifications, instructions, documentation or other materials, including, without limitation, all relevant copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted in the product or service license agreement. You do not now own or acquire any ownership rights in or to any intellectual property rights associated with the products or services offered through the Site.

Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy will govern the processing of all personal data collected when you purchase products or services through the Site. Additional Applicable

Legal Terms and Conditions

. The parties have entered into this Agreement in West Virginia and agree that the validity, interpretation and legal effect of this Agreement and all disputes arising out of this Agreement shall be determined in accordance with the laws of the State of West Virginia, U.S.A., without regard to conflict of laws principles that may apply the laws of other jurisdictions. Any action or proceeding arising out of, relating to or connected with this Agreement, or arising out of the terms and conditions of this Agreement, including, without limitation, any claim for breach of contract, shall be determined in accordance with the laws of the State of West Virginia, and venue for any action shall be in the United States District Court for the Northern District of West Virginia.

BINDING EFFECT. This Agreement shall be binding upon, inure to the sole benefit of, and inure to the benefit of the parties hereto. The parties shall not be entitled to assign this Agreement by operation of law or otherwise.

To the extent permitted by applicable law, each of the Consumer and the Company agrees to defend, indemnify and hold harmless the parties and their owners, officers, directors, employees, affiliates, contractors, licensors, successors or assigns from and against any and all liabilities and expenses – including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees and expenses – incurred or obligated to pay by any party as a result of any breach of this Agreement. BINDING ARBITRATION

All claims and disputes arising out of or relating to this Agreement shall be settled by binding arbitration in West Virginia or at such other location as the parties may agree. Any arbitration award may be confirmed in any court of competent jurisdiction.

Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions between the parties, whether express or implied, written or oral. This Agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this Agreement shall not be modified without the express written consent of the parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

Equitable Relief. You acknowledge and agree that if you breach or threaten to breach Avery Evans LLC’s intellectual property rights and confidential and proprietary information, Avery Evans LLC will suffer irreparable harm and therefore be entitled to injunctive relief to enforce this Agreement. Without waiving any other remedies under this Agreement, Avery Evans LLC may seek any necessary temporary, equitable, interim or injunctive relief from any court of competent jurisdiction to protect its rights and property pending the outcome of the arbitration above. You agree to submit to personal jurisdiction and subject matter venue in the federal and state courts of Monongalia County, West Virginia, USA, in any such action brought against Avery Evans LLC.

Compliance with Laws. The parties shall comply with all applicable laws in their performance of this Agreement. In the event of a conflict between any provision of this Agreement and any law, the law shall prevail.

No Waiver. If either party chooses to waive one provision of this Agreement, it does not mean that any other provision has been waived. The waiver must be in writing and signed by the party against whom the waiver is sought to be effective.

Force Majeure: Either party may elect to be excused from any further performance obligations in the event of a catastrophic event beyond the control of either party, such as: an act of God (fire, explosion, earthquake, hurricane, natural disaster, flood, storm or pest infestation), war, invasion, act of a foreign enemy, embargo or other hostile act (whether declared or not), or any hazardous condition beyond the control of either party, such as riot, disorder, nuclear leak or explosion, act or threat of terrorism.