Welcome
to DRAGONFLYBEADS.BIZ. DRAGONFLYBEADS.BIZ provides its services to you subject
to the following conditions. If you visit or shop at DRAGONFLYBEADS.BIZ,
you accept these conditions. Please read them carefully.
BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE TO THESE TERMS AND CONDITIONS
OF USE. If you do not agree with any of the below Terms and Conditions
of Use, do not use this site.
License and Site Access:
When You, the user ("You" or "Customer") use the
Site, DRAGONFLYBEADS.BIZ grants a limited license to You to use the Site
solely on behalf of yourself or your organization or company as intended
by DRAGONFLYBEADZ.BIZ and in compliance with the Terms and Conditions of
Use. This license expressly excludes, without limitation, any resale
or commercial use of the Site and the services offered by DRAGONFLYBEADS.BIZ,
making any derivative of the Site, the collection and use of e-mail
addresses or other information, ratings or listings, or any data extraction
or data mining whatsoever. This site or any portion of this site may
not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent
of DRAGONFLYBEADS.BIZ. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of DRAGONFLYBEADS.BIZ and our affiliates
without express written consent. You may not use any meta tags or any
other hidden text; utilizing DRAGONFLYBEADS.BIZ’s name or trademarks
without the express written consent of DRAGONFLYBEADS.BIZ. Any unauthorized
use terminates the permission or license granted by DRAGONFLYBEADS.BIZ.
Prices; Taxes; Quotations and
Specifications: All quotations and price lists are subject
to change without notice. All orders, whether or not submitted pursuant
to a quotation, are subject to acceptance by DRAGONFLYBEADS.BIZ and shall
be on the terms set forth herein. Prices do not include any sales, use,
excise or similar taxes, charges, or duties, and the amount of any such
taxes that DRAGONFLYBEADS.BIZ is required to pay or collect will be invoiced
to Buyer. All specifications for Goods are subject to change without
notice.
Payment Policy:
We accept VISA, Master Card, American Express, Discover, and Debit Cards
with any of these card logos. Once you place the order your credit card
is automatically charged immediately. In most cases, your order will
be shipped the next business day. In some cases, your order may take up to two to three weeks to fill. We regret any inconvenience this may cause. If the credit card transaction is
not successful, your order will not be processed and we are not obliged
to contact you.
Bulk Discounts:
In appreciation of customer loyalty we provide frequent shopper's discounts for our buyers, as well as a Bonus Points system. The Bonus Points
program and discounts are as follows:
Bonus point system: every $1 you spend = 1 bonus point. You will receive your discount upon checkout once you have earned it. Certain products will be excluded
from the bonus point program. Bonus points program is subject to
change without notice.
Wholesale Buyer Discounts: With a qualified
application for Wholesale purchasing, Dragonfly Beads will provide the
following discounts to Wholesale
Buyers:
On most items, 30% off with no minimum purchase.
$100 minimum purchase, 40% discount off most items. All wholesale discounts will be determined off computer and invoiced separately.
Wholesale items will be added
as items are loaded to the website. You must refer to this section
in order to see wholesale discount pricing structure. Wholesale
pricing is subject to change without notice. Wholesale pricing will
not appear until checkout; you must have an approved Wholesale Buyer
status in order to receive wholesale discounts.
Shipping Terms and Insurance:
In
general, DRAGONFLYBEADS.BIZ makes the effort to ship the orders the same
business day if the order is received by 13:00 PST. The orders received
after 13:00 PST will be shipped the next business day. DRAGONFLYBEADS.BIZ
adds $2.95 for shipping and handling fee for each package
shipped. All shipments are 100%
insured. Any loss or damage of the shipment becomes the pursuant to
a contract carrier. Customer must contact the shipping carrier for any
claims regarding damage or loss of goods. DRAGONFLYBEADS.BIZ is not liable
for any damages or loss.The shipping charges are based on the actual
published rates plus any surcharges charged by the carrier for the the
calculated approximate weight of the shipment rounded up to the next
pound. We do not ship on weekends or other holidays.
Shipping Times:
Within U.S.A
Ground UPS: 5-10 business days
3rd
Day Select UPS: 3-4 business days
2nd
Day Air UPS: 2-3 days
Next Day Air: 1-2 days
Shipping to Canada:
UPS International Express: 3-7
business days
All other countries : 7-15 business
days
No Cancellation, Modification,
Suspension: No order may be canceled, modified, suspended,
or delayed.
Statements Made in Describing
Goods: DRAGONFLYBEADS.BIZ has attempted to accurately depict
the products offered on the Site. However, because the depiction of
a product is dependent on your computer monitor, DRAGONFLYBEADS.BIZ cannot
guarantee that such depiction will be accurate. The products also may
appear larger or smaller than their actual size depending on your monitor.
Some photographs have been enlarged to show detail. DRAGONFLYBEADS.BIZ
and its affiliates attempt to be as accurate as possible. However, DRAGONFLYBEADS.BIZ
does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a product
offered by DRAGONFLYBEADS.BIZ itself is not as described, your sole remedy
is to return it in unused condition.All measurements are approximate.Most
beads and pearls are available in strand lengths 13.5 to 16 inches
but may vary between 7 inches to 18.
Mystic
Attributes: The information about the mystic attributes
is based on common beliefs and information collected from a variety
of sources.However, DRAGONFLYBEADS.BIZ or its affiliates take no responsibility
and make no claims to the mystic attributes.
Electronic
Communications: When you visit DRAGONFLYBEADS.BIZ or send
e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
Your Account: If you use this site, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. If you
are under 18, you may not use DRAGONFLYBEADS.BIZ. DRAGONFLYBEADS.BIZ reserves
the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in its sole discretion. You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to
the origin of a card or other content. DRAGONFLYBEADS.BIZ reserves the
right (but not the obligation) to remove or edit such content, but does
not regularly review posted content.
Risk of Loss:
All items purchased from DRAGONFLYBEADS.BIZ are made pursuant to a shipment
contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier. If you do not receive
your purchase within 15 days of the date of purchase, it is your obligation
to immediately notify DRAGONFLYBEADS.BIZ. We will assist You to track the
package; however, DRAGONFLYBEADS.BIZ is not liable for lost or delayed
shipments.
Returned Goods Policy:
If, for any reason, you are not completely satisfied with any purchases,
simply return it to us within 30 days of purchase for full credit or
exchange (excluding the original shipping and handling charges). The
item must be in its original packaging. Returns received by us after
the 30-day period will not be accepted for refund of any amount. Return
shipping charges must be prepaid by the Customer and the Customer must
insure the shipment or accept the risk of loss or damage during shipment.
All warranty materials must be included with any returned purchases.
The item must not have been worn or altered in any way in order to be
eligible for a refund. A full refund will be given for any product out
of stock.
Permission to Use Your Content:
By transmitting any suggestions, information, material, or other content
(collectively, "content") to DRAGONFLYBEADS.BIZ, you automatically
grant DRAGONFLYBEADS.BIZ the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, redistribute, transmit, perform
and display such content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed for the full term of any rights that may exist in such content.
Further, DRAGONFLYBEADS.BIZ is free to use any ideas, concepts, know-how,
techniques, and suggestions contained in any communications you send
to this Site for any purpose whatsoever, including but not limited to
creating, manufacturing, and marketing products and/or services using
such information.
Customer's Representations and
Indemnity: You expressly represent and warrant to DRAGONFLYBEADS.BIZ
that You will use this Site, and any products purchased from DRAGONFLYBEADS.BIZ,
in accordance with all applicable local, state, national and international
laws, and in accordance with the Terms and Conditions of Use. You agree
to defend, indemnify, and hold harmless DRAGONFLYBEADS.BIZ, its parent,
subsidiaries, and affiliates, and all of their respective employees,
agents, directors, officers, proprietors, partners, representatives,
shareholders, servants, attorneys, predecessors, successors, and assigns,
from and against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs, and expenses (including reasonable attorneys'
fees and expenses), relating to or arising from (a) Customer's use of
the Site; and (b) any breach by Customer of these Terms and Conditions
of Use. You hereby waive and release DRAGONFLYBEADS.BIZ from all rights
of contribution or indemnity to which You may otherwise be entitled.
Disclaimer of Warranties: THIS SITE IS PROVIDED BY
DRAGONFLYBEADS.BIZ ON AN “AS IS” AND “AS AVAILABLE”
BASIS. DRAGONFLYBEADS.BIZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. DRAGONFLYBEADS.BIZ
MAKES NO GUARANTY THAT A PRODUCT WILL BE IN STOCK WHEN PURCHASED ON
THIS SITE.
DRAGONFLYBEADS.BIZ
CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE CATALOG OR
SITE, GLOSSARY, OR ANY SUPPLEMENTAL MATERIAL. MATERIAL ON THE SITE MAY
ALSO CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY
BE CHANGED OR UPDATED WITHOUT NOTICE; DRAGONFLYBEADS.BIZ WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES.
DRAGONFLYBEADS.BIZ MAY IN ITS SOLE DISCRETION ADD, DELETE, OR CHANGE SOME
OR ALL OF ITS SERVICES AT ANY TIME.
TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, DRAGONFLYBEADS.BIZ DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability:
DRAGONFLYBEADS.BIZ DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM DRAGONFLYBEADS.BIZ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DRAGONFLYBEADS.BIZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NEITHER DRAGONFLYBEADS.BIZ
NOR ITS PARENT, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES,
SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, OR ASSIGNS
WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE OR THE CATALOG,
THE INFORMATION CONTAINED ON THE SITE OR THE CATALOG, PRODUCTS AVAILABLE
OR PURCHASED THROUGH THE SITE OR THE CATALOG, OR TRANSACTIONS CONDUCTED
AT THE SITE OR ARISING FROM THE CATALOG, EVEN IF DRAGONFLYBEADS.BIZ HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF DRAGONFLYBEADS.BIZ OR
ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY
PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG EXCEED
THE LESSER OF THE AMOUNT PAID BY YOU TO DRAGONFLYBEADS.BIZ FOR ANY SINGLE
RELEVANT PRODUCT AT ISSUE. YOU HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS
OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE OR THE CATALOG, THE
INFORMATION CONTAINED ON THE SITE OR THE CATALOG, PRODUCTS AVAILABLE
OR PURCHASED THROUGH THE SITE OR THE CATALOG, AND TRANSACTIONS CONDUCTED
AT THE SITE OR ARISING FROM THE CATALOG.
Intellectual Property Rights:
All material contained in the Site, and all the products available on
the Site, are protected by law, including but not limited to United
States copyright, trade secret, and trademark law, as well as other
state, national, and international laws and regulations. The contents
of and all materials distributed in conjunction with the Site, including
documentation, are copyright ©2004 DRAGONFLYBEADS.BIZ and/or its suppliers.
All rights reserved. You agree not to copy, modify, adapt, reproduce,
translate, distribute, transmit, reverse engineer, de-compile, or dissemble
any aspect of the Site. All trademarks, logos, and icons identifying
DRAGONFLYBEADS.BIZ products and services are proprietary marks of DRAGONFLYBEADS.BIZ;
all other trademarks and service marks are owned by third parties. Please
be aware that DRAGONFLYBEADS.BIZ actively and aggressively enforces its
intellectual property rights to the fullest extent of the law.
Privacy Policy:
Please review our Privacy Policy which also governs your visit to DRAGONFLYBEADS.BIZ.
Our Privacy Policy is incorporated in these Terms and Conditions of
Use by reference as if set forth fully herein.
Links to Other Sites:
DRAGONFLYBEADS.BIZ may provide links to other sites on the World Wide Web
for your convenience or information only. These sites are maintained
by third parties over which DRAGONFLYBEADS.BIZ exercises no control, and
accordingly DRAGONFLYBEADS.BIZ expressly disclaims any responsibility for
the content, the accuracy of the information, and/or quality of products
or services provided by or advertised on these third-party Web sites.
DRAGONFLYBEADS.BIZ has not reviewed all sites linked to this Site and is
not responsible for the contents of any off-Site pages or any other
sites linked to the Site.
Communications on Internet;
Events Beyond DRAGONFLYBEADS.BIZ's Control: Use of the Internet
is solely at your own risk and is subject to all applicable local, state,
national, and international laws and regulations. While DRAGONFLYBEADS.BIZ
has endeavored to create a secure and reliable Site, DRAGONFLYBEADS.BIZ
and its affiliates are not responsible for the security of information
transmitted via the Internet, the accuracy of the information contained
on the Site, or for the consequences of any reliance on such information.
You must make your own determination as to these matters. DRAGONFLYBEADS.BIZ
cannot guarantee your ability to access the Site at all times or that
the Site will be secure, uninterrupted, or error-free, nor can DRAGONFLYBEADS.BIZ
provide assurances that transactions will be completed properly. DRAGONFLYBEADS.BIZ
is not responsible for failure to execute a purchase or technical problems
that may hinder the efficacy of a purchase (including e-mail, transmission
times or other delays). DRAGONFLYBEADS.BIZ and its affiliates shall not
be liable for damages as a result of any delay or other failure of performance
due to causes beyond its reasonable control including, without limitation,
acts of God, acts of Customer or any of its representatives, acts of
military or civil authorities, fire or other casualty, strikes, lockouts,
weather, epidemic, war, riot, terrorism, telecommunications interruptions
or computer viruses.
Security of Site:
Actual or attempted unauthorized use of the Site may result in criminal
and/or civil prosecution. For your protection, DRAGONFLYBEADS.BIZ reserves
the right to view, monitor, and record activity on the Site without
notice or permission from You. Any information obtained by monitoring,
reviewing, or recording is subject to review by law enforcement organizations
in connection with investigation or prosecution of possible criminal
activity on the Site. DRAGONFLYBEADS.BIZ will also comply with all court
orders involving requests for such information.
Arbitration:
These Terms and Conditions of Use shall be governed by and construed
in accordance with the laws of the State of Wyoming without regard
to choice of laws provisions, and You agree that any dispute of any
sort that might arise between You and DRAGONFLYBEADS.BIZ, including your
visit to DRAGONFLYBEADS.BIZ or to products you purchase through DRAGONFLYBEADS.BIZ
will be governed by such laws. Should a dispute arise from this Agreement
which cannot be resolved by the parties in good faith negotiations,
both parties agree to submit such dispute to arbitration in Casper, Wyoming, before a single arbitrator familiar with the Uniform Commercial
Code using the Commercial Rules of the American Arbitration Association,
with the following modifications to be enforced by the arbitrator consistent
with Wyoming law: (a) any such arbitration proceeding shall be confidential
as to the existence, content, or results of the arbitration; (b) depositions
shall not exceed two (2) per party and each must be completed within
a single day; (c) document requests are limited to no more than ten
(10) clearly identified categories of documents which must be provided
to the requesting party within five (5) business days of the request;
(d) each party shall have no more than eight (8) hours to present its
position; and (e) the entire hearing shall last no longer than three
(3) business days. The award, if any, shall be made in writing no more
than thirty (30) days following the end of the proceeding. Judgment
upon the award rendered by the arbitrator may be entered by any court
having jurisdiction. Both parties expressly agree that any such controversy
or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any
other party. Each party shall bear its own attorneys' fees and costs
in connection with the proceedings and shall share equally the fees
and expenses of the arbitrator, except that, to the extent You have
in any manner violated or threatened to violate DRAGONFLYBEADS.BIZ’s
intellectual property rights, DRAGONFLYBEADS.BIZ may seek injunctive or
other appropriate relief in any state or federal court in the state
of Wyoming, and You consent to exclusive jurisdiction and venue in
such courts. The parties irrevocably agree to and consent to jurisdiction
and venue of the courts in Casper, Wyoming and irrevocably waive
any objections to improper venue or inconvenient forum in Casper, Wyoming.
Construction:
The section headings used herein are for convenience of reference only
and do not form a part of these terms and conditions, and no construction
or inference shall be derived therefrom. This Agreement will not be
construed for or against either party based on the draftsmanship thereof.
Termination:
These Terms and Conditions of Use constitute an agreement which is effective
until terminated by DRAGONFLYBEADS.BIZ at any time without notice. DRAGONFLYBEADS.BIZ
may terminate your right to use this site immediately without notice
to you if, in DRAGONFLYBEADS.BIZ's sole discretion, you fail to comply
with any of these Terms and Conditions of Use. In the event of termination,
You are no longer authorized to access this web site, and the restrictions
imposed upon You with respect to material copied or downloaded, and
the disclaimers and limitations of liabilities set forth in the Terms
and Conditions of Use, shall survive the termination of this Agreement.
These Terms and Conditions of Use constitute the entire agreement between
You and DRAGONFLYBEADS.BIZ relating to the subject matter addressed herein.
If any portion of these Terms and Conditions of Use is adjudged invalid
or unenforceable by a court of competent jurisdiction, the remaining
portions will remain valid, enforceable, and carried into effect. The
Terms and Conditions of Use may be modified by DRAGONFLYBEADS.BIZ at any
time on prior written or electronic notice, either via e-mail or by
posting such changes at the Site. Modifications required by law or designated
by DRAGONFLYBEADS.BIZ will become effective immediately. Your continued
use of the Site following notice of any such modification will be conclusively
deemed acceptance of the revised Terms and Conditions of Use. If any
such revision is unacceptable to You, You will terminate use of the
Site immediately. A printed version of these Terms and Conditions of
Use and of any notice given in electronic form will be admissible in
judicial or administrative proceedings based on or relating to these
Terms and Conditions of Use to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
Site Policies, Modification, and Severability: We reserve
the right to make changes to our site, policies, and these Terms and
Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall
be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
OUR ADDRESS:
Dragonfly Beads
dba: www.dragonflybeads.biz
P.O. Box 1845
Casper, WY 82602
U.S.A.
Phone: (307)265-7757
Fax: (307) NONE
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