TERMS OF PURCHASE
Conditions of Purchase
Last updated: March 1, 2014
Welcome to bedofnails.org. Bedofnails.org is an interactive online service operated by Bed of Nails, Inc. (“Bed of Nails”, “we”, “us” or “our”). These Terms of Purchase apply to the purchase of our products through this site (however accessed and/or used, whether via personal computer, mobile device or otherwise (collectively, “Device”), as well as, other interactive features, applications or downloads that are operated by us that are available through this site or that interact with this site and post these Terms of Purchase (collectively, “Website”).
THE LEGAL AGREEMENTS SET OUT IN THESE TERMS OF PURCHASE BETWEEN YOU AND BED OF NAILS GOVERN YOUR USE OF THE PRODUCTS AND SERVICES ON THIS WEBSITE (THE “SERVICE”).
Bed of Nails is the provider of the Service, which provides you with information about our innovative acupressure products (the “Products”) under the terms and conditions set forth in this Agreement.
Sales Tax will be added on when applicable. In our webshop we accept Visa, Mastercard, and Paypal. No personal data will be shared with third parties.
When we have received Your order a confirmation email will be sent, save this email as it is Your receipt. Check Your order confirmation and make sure the information is correct. If You have any questions please contact us at firstname.lastname@example.org
Cancelling a sent order is possible, send an email to email@example.com. If Your order has already been shipped, we will return Your money to Your account when the product has been sent back to us by You (the customer). Freight and shipping costs for a return are always Your responsibility.
Average delivery time is 3-14 days for products in stock, depending on Your location. Unforseen delays may occur, we do not guarantee product arrival within the average delivery time.
Packages not picked up
We will charge the customer when a package is returned to us if the customer has not picked it up. The charge will be $15 to cover the costs of shipping and receiving the items back into Inventory.
Right to return goods
Within two weeks of the receipt for the goods You may return the product. You will receive a full refund as long as it is unused and undamaged. Freight and shipping costs for a return are always Your responsibility.
Your use of this Website includes the ability to enter into agreements electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
The Website (including past, present and future versions) and all included content (and any derivative works or enhancements of the same), including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, materials, products, services, URLs, technology, documentation, interactive features, the “look and feel” of the Website, the compilation, assembly and arrangement of the materials of the Website and computer code (including source and object code), (collectively, the “Website Content”) contained on the Website is owned, controlled or licensed by or to Bed of Nails, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws where applicable.
Expect as expressly provided in this Agreement, no part of the Website and no Website Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Bed of Nails’ express prior written consent. Any rights not expressly granted in this Agreement are expressly reserved.
Use of the Website
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Bed of Nails server, or to any of the Services offered on or through the Website, by hacking, data mining or any other illegitimate means. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Bed of Nails’ systems or networks, or any systems or networks connected to the Website or Bed of Nails. You agree not to use any device, software or routine to interfere, or attempt to interfere with, the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Bed of Nails on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Website or any Website Content for any purpose that is unlawful or prohibited by this Agreement, or solicit the performance of any illegal activity or other activity which infringes the rights of Bed of Nails or others.
Requirements for the Use of the Service
This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Use of the Service requires compatible devices and Internet access; may require certain software (fees may apply) and periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You agree that these requirements, which may change from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
You agree that the Service, including but not limited to the Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Bed of Nails and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Bed of Nails and/or its licensors reserve the right to change, suspend, remove, or disable access to any content or other materials or services comprising a part of the Service at any time without notice. In no event will Bed of Nails be liable for making these changes. Bed of Nails may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) are owned by Bed of Nails and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Bed of Nails, the Bed of Nails logo and other Bed of Nails trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Bed of Nails. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Disclaimer of Warranties; Liability Limitation
BED OF NAILS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BED OF NAILS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY BED OF NAILS) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL BED OF NAILS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, (I) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BED OF NAILS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
BED OF NAILS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND BED OF NAILS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
BED OF NAILS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BED OF NAILS DISCLAIMS ANY LIABILITY RELATING THERETO.
Waiver and Indemnity
BY USING THIS SERVICE, YOU AGREE TO INDEMNIFY AND HOLD BED OF NAILS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY BED OF NAILS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM BED OF NAILS, ITS EMPLOYEES, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BED OF NAILS’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Bed of Nails reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and new terms and conditions will be effective immediately upon incorporation into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and Bed of Nails and governs your use of the Service, superseding any prior agreements between you and Bed of Nails. No Bed of Nails employee or agent has the authority to vary this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Bed of Nails’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Bed of Nails will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Service and the Website are controlled, operated and administered by Bed of Nails, Inc. from within the County of Los Angeles, California. The Site can be accessed from all states in the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the County of Los Angeles, California, you acknowledge and agree that this Agreement will be governed under the laws of California and the federal laws of the United States applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the County of Los Angeles, California with respect to the subject matter of this Agreement. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You agree to waive any right you may have to (i) trial by jury; and (ii) to commence or participate in any class action against Bed of Nails related to the Site, this Agreement or any agreements contemplated hereby, to the fullest extent allowable by applicable law. Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in the County of Los Angeles, California, in accordance with the then current rules of practice and procedure for arbitration of commercial disputes of Judicial Arbitration & Mediation Services, Inc. (“JAMS”) or a successor organization if JAMS is no longer in operation. If Bed of Nails is obligated to go to court or arbitration to enforce any of its rights, or to collect any fees, you agree to reimburse Bed of Nails for its legal fees, costs and disbursements if Bed of Nails is successful.
Bed of Nails may notify you with respect to the Service by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Service. Notices shall become effective immediately.
Bed of Nails reserves the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Bed of Nails has the right, without liability to you, to disclose any of your information to law enforcement authorities, government officials, and/or a third party, as Bed of Nails believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Bed of Nails’ right to cooperate with any legal process relating to your use of the Service and/or the Products, and/or a third-party claim that your use of the Service and/or the Products is unlawful and/or infringes such third party’s rights).