Terms & Conditions
Terms and Conditions
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. All users of this site agree that access to and use of this site is
subject to the following terms and conditions and other applicable law. If you
do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Bark N Boujee. The collective
work includes works that are licensed to Bark N Boujee. Copyright 2016 Bark N
Boujee ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing an order
with Bark N Boujee or purchasing Bark N Boujee products. You may display and,
subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or to place
an order with Bark N Boujee or to purchase Bark N Boujee products. Any other
use, including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by Bark N Boujee. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Bark N Boujee used in the site
are trademarks or registered trademarks of Bark N Boujee.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Bark N Boujee disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. Bark N Boujee does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Bark N Boujee does
not make any warrantees or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Bark N Boujee shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or the
performance of the products, even if Bark N Boujee has been advised of the
possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Bark N Boujee product is mistakenly listed at an incorrect
price, Bark N Boujee reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. Bark N Boujee reserves the right to
refuse or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been charged for
the purchase and your order is cancelled, Bark N Boujee shall issue a credit to
your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Bark N Boujee without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Bark N Boujee may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided to Bark
N Boujee.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of Georgia, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited
to the purchase of Bark N Boujee products) shall be in the state or federal
courts located in Fulton County, Georgia. Any cause of action or claim you may
have with respect to the site (including but not limited to the purchase of Bark
N Boujee products) must be commenced within one (1) year after the claim or
cause of action arises. Zoey’s Posh Paw's failure to insist upon or enforce
strict performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. Bark N Boujee may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Bark N Boujee or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Bark N Boujee does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Bark N Boujee is merely acting as a passive
conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, Bark N
Boujee reserves the right to block or remove communications or materials that
it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Bark N Boujee in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Bark N Boujee, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Bark N Boujee may
link to sites operated by third parties. However, even if the third party is
affiliated with Bark N Boujee, Bark N Boujee has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of Bark N Boujee. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Bark N Boujee
seeks to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).
Disclosures
Louis Vuitton products The repurposed Louis Vuitton items are
up cycled products made from legally purchased or donated used Louis Vuitton
products. BarkNBoujee® does not sell new
Louis Vuitton products. The condition of the Louis Vuitton product used in this
up cycled product does not reflect the condition of the Louis Vuitton product
as it was originally sold. BarkNBoujee® is
not associated with Louis Vuitton Malletier S.A., LVMH Moët Henessy, Louis
Vuitton S.A., or any other entity associated with such companies. This product
has not been endorsed by Louis Vuitton and does not fall under any warranty by
Louis Vuitton. The purchaser of the up cycled product understands and
acknowledges that the product is not a Louis Vuitton product.
Disclosures
Gucci products The repurposed Gucci items are up cycled products made from
legally purchased or donated used Gucci products. BarkNBoujee® does not sell new Gucci products. The condition of the Louis
Vuitton product used in this up cycled product does not reflect the condition
of the Gucci product as it was originally sold. BarkNBoujee® is not associated with Gucci, Guccio Gucci, Kering,
or any other entity associated with such companies. This product has not been
endorsed by Gucci and does not fall under any warranty by Gucci. The purchaser
of the up cycled product understands and acknowledges that the product is not a
Gucci product.
Disclosures
Fendi products The repurposed Fendi items are up cycled products made from
legally purchased or donated used Fendi products. BarkNBoujee® does not sell new Fendi products. The condition of the Fendi product
used in this up cycled product does not reflect the condition of the Fendi product
as it was originally sold. BarkNBoujee® is
not associated with Fendi Malletier S.A., LVMH Moët Henessy, Fendi S.A., or any
other entity associated with such companies. This product has not been endorsed
by Fendi and does not fall under any warranty by Fendi. The purchaser of the up
cycled product understands and acknowledges that the product is not a Fendi product.
