This website (the "Website") is operated by RacqStar Candy® (referred to herein as "RacqStar Candy", "we," "us" and "our"). Your use of the Website is subject to the following terms and conditions.
2. SALES. Children under the age of 14 may not purchase products through this Website. By placing an order for purchase through this Website, you hereby acknowledge that you are at least 14 years of age. State and local taxes, if applicable, will be added to your order. Once we receive your order through this Website, we will send you an email order confirmation. While we will make every effort to fulfill your order within the estimated time frame provided on the Website, we cannot guarantee the availability of the necessary materials and other resources at the time you place your order or on any future date. Therefore, any order submitted through this Website shall be considered an offer of purchase, and our email order confirmation does not signify our acceptance of your order; it is simply meant to inform you of our receipt of your order. In the event that we cannot supply the ordered product or must delay the shipment of your order beyond the estimated time frame, upon your request, we will cancel your order and refund your purchase price in full.
a. Product Display. While we make every effort to ensure that our products are accurately displayed on this Website, the colors, sizes, and other features of our products may display differently on your monitor. We therefore cannot guarantee that the display of our products on your monitor will be accurate. If you would like additional information or descriptions of our products prior to purchase, please feel free to contact us.
b Shipping and Delivery. We accept orders from billing addresses within the United States and will not ship products purchased through this Website to an address outside of the United States. Prior to your purchase, we will provide information regarding the shipment of your order. Once the order leaves our facilities, however, the actual delivery of your order can be impacted by many events beyond our control. Therefore, we cannot be held liable for any loss, damage, destruction, theft or late deliveries resulting from the shipper's handling of your order.
c. Returns. No refunds. Products are accepted for exchange only if returned in the original saleable, unworn condition within seven (7) days of purchase, accompanied by the original sales invoice, attached price/brand tag, and RacqStar Candy® signature satin bag to: RacqStar Candy Jewelry, 2221 Peachtree Road, NE, Suite D218, Atlanta, GA 30309.
3. NOTICE. THE GOODS AND PRODUCTS AVAILABLE FOR PURCHASE ON THIS WEBSITE ARE NOT INTENDED FOR CHILDREN UNDER THE AGE OF 14, AND MAY CONTAIN MATERIALS OR COMPONENTS WHICH PRESENT HAZARDS TO YOUNG CHILDREN, INCLUDING WITHOUT LIMITATION CHOKING HAZARDS, WHICH MAY CAUSE SERIOUS PERSONAL INJURY OR EVEN DEATH.
4. DISCLAIMER OF WARRANTIES. ALL CONTENT, PRODUCTS, GOODS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RACQSTAR CANDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEBSITE, THE CONTENT CONTAINED IN THIS WEBSITE OR ANY LINKS TO THIS WEBSITE: (A) ARE ACCURATE, CORRECT, RELIABLE OR FREE FROM ERROR; (B) WILL BE AVAILABLE AT ANY PARTICULAR DATE, TIME OR LOCATION; (C) ARE FREE OF DEFECTS, DELAYS, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL BE UPDATED OR CORRECTED ON A REGULAR BASIS OR AT ALL.
5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCE SHALL RACQSTAR CANDY, ITS AFFILIATES, SUPPLIERS, VENDORS, DISTRIBUTORS, RETAILERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, OR ANY OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING OUT TORT, NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, STRICT LIABILITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER THEORY OR CAUSE OF ACTION AT LAW OR IN EQUITY. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES LOSSES OR INJURIES SUFFERED BY YOU EXCEED THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH A PURCHASE FROM THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT WE ARE NOT LIABLE TO YOU FOR ANY DAMAGES SUFFERED BY YOU OR BY ANY THIRD PARTY AS A RESULT OF: (A) ANY DEFECT, DELAY, DELETION, ERROR, DELETION, DESTRUCTION, OMISSION, LOSS, INTERRUPTION OR FAILURE TO PERFORM IN CONNECTION WITH YOUR USE OF THIS WEBSITE; (B) ANY THEFT, IDENTITY THEFT, MISAPPROPRIATION OR CONVERSION IN CONNECTION WITH YOUR USE OF THIS WEBSITE; (C) ANY DEFAMATORY, SLANDEROUS, LIBELOUS, OFFENSIVE OR UNTRUE STATEMENT MADE OR POSTED ON THIS WEBSITE OR ANY LINK TO THIS WEBSITE; (D) ANY ADVICE, OPINION, STATEMENT OR REPRESENTATION MADE OR POSTED BY A THIRD PARTY ON THIS WEBSITE OR ANY LINK TO THIS WEBSITE; OR (E) ANY DEFECT, FAILURE, ERROR OR FAILURE WITH ANY PRODUCT, OR ANY COMPONENT THEREOF, PURCHASED ON THIS WEBSITE.
7. INTELLECTUAL PROPERTY.
a. Trademarks. Unless otherwise noted, "RacqStar," "RacqStar Candy," and the other marks, trademarks, service marks, trade names, logos and graphics (collectively, the "Trademarks") used and displayed on this Website are our registered and unregistered Trademarks. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on this Website. Our Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or the public, or in any manner that disparages or discredits us. Any use of these Trademarks without our prior express written consent is prohibited.
b. Copyright. This Website and the content contained herein, including but not limited to all text, photographs, graphics and images, as well as the collection, arrangement and assembly of any content, are owned by us and protected under United States and international copyright laws. All rights are reserved. Except as is expressly stated herein, or except as is otherwise expressly agreed to by us in writing, you may not copy, download, reproduce, reverse engineer, distribute, publish or exploit for commercial purposes this Website or its content. We do grant you a limited and revocable license to access, copy and download one (1) copy of this Website and its content for your personal, noncommercial use, provided that: (i) you do not modify this Website or any of its content; (ii) you retain intact all copyright or other proprietary notices; (iii) you do not use this Website or its content in a manner which suggests an affiliation with us; and (iv) you do not use this Website in violation of any applicable law. By exercising this limited license, you hereby acknowledge and agree that you obtain no ownership rights, or any other interests or rights, in this Website and its content, and that this limited license may be revoked by us at any time for any reason or no reason and in our sole discretion. We will enforce and prosecute our intellectual property rights in this Website and the contents contained herein to the fullest extent of the law. RacqStar Candy® reserves the right to refuse services or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.
a. By mail:
RacqStar Candy® Jewelry
2221 Peachtree Road, NE, Suite D218
Atlanta, GA 30309
b. By email: email@example.com
c. By telephone: 877.730.2150