Last Updated December 15, 2014
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS"). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS SITE.
Welcome to ThePatchery.com (the "Site") and thank you for visiting our Site. The Patchery L.L.C. ("The Patchery") owns and operates the Site. We may change the Terms and Conditions at any time, and we will post the last revision date at the top of the Terms and Conditions. Therefore, we encourage you to review the Terms and Conditions whenever you use the Site.
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to The Patchery, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
The Content of our Site and the Site as a whole are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software.
By submitting User Submissions on the Site, you agree to the following terms:
The Patchery retains sole discretion with respect to whether and how any order for our products you place with us will be fulfilled. You shall promptly pay us for any order, but in no event later than the date or time period we list on the Site or in our notice to you. We will charge you shipping and any applicable sales taxes for any order. We retain the right to accept or reject any request for returns or refunds at our sole discretion.
Although The Patchery makes every effort to display the colors of our products and fabrics as accurately as possible, the displayed colors will depend upon your monitor. The Patchery cannot guarantee that your monitor will accurately portray the actual colors of the products and fabrics. Products and fabrics displayed may be out-of- stock or discontinued, and prices are subject to change. The Patchery is not responsible for typographical errors regarding price or any other matter. If a product offered by The Patchery is not as described, promoted, offered or priced, your sole remedy is to return it as described in our Returns and Exchange Policy.
You can return any The Patchery product purchased on ThePatchery.com within 30 days of the day your order shipped. We will gladly provide you a full refund minus any shipping fees. Email your return request, including order number, to email@example.com. Because each product is custom made, we do not have available inventory to process an exchange. Instead please place your order again making any changes necessary.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
IN NO EVENT SHALL THE PATCHERY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SITE, THE CONTENT, THE SERVICES, OR ANY INFORMATION CONTAINED THEREON OR THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
AS A CONDITION OF USE OF THIS SITE, YOU AGREE TO INDEMNIFY AND HOLD THE PATCHERY HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR FROM A CLAIM BY A THIRD PARTY THAT ARISES IN CONNECTION WITH THE MATERIALS YOU SUBMIT TO THE SITE OR USE OF THE SITE BY YOU OR ANY PERSON USING YOUR LOGIN INFORMATION.
This agreement constitutes the entire agreement between you and The Patchery with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Patchery with respect to this Site. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to its conflicts of laws principles. User consents to the exclusive jurisdiction and venue of courts in the State of Minnesota for all disputes arising out of or relating to the use of this Site.