Pimm.com reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms each time before using the Website. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms, which shall apply until we post modified Terms and then in accordance with such modified Terms. As long as you comply with these Terms and any such modifications, Pimm.com grants you (“End User”) a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Website.
CONTENT, COPYRIGHT AND TRADEMARK NOTICE
All media (downloaded or samples), software, text, images, graphics, user interfaces, photographs, trademarks, logos, artwork and other content on the Website (collectively, “Content”), including but not limited to the design, selection, arrangement, and co-ordination of such Content on the Website is owned or licensed by or to Pimm.com, and is protected by copyright, and trademark laws, and various other intellectual property rights.
Except as expressly provided in these Terms, no part of the Website and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Pimm.com’s prior express written consent.
Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Pimm.com reserves all rights not expressly granted hereunder.
Pimm.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Website.
All custom graphics, icons, logos and service names are registered trade marks, trade marks or service marks of Pimm.com. All other trade marks or service marks are the property of their respective owners. The use of any Pimm.com trademark or service mark without Pimm.com’s express written consent is strictly prohibited.
REGISTRATION, CUSTOMER ACCOUNTS AND USE OF WEBSITE
Certain services offered on or through the Website require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account My Account. You agree to notify Pimm.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Pimm.com or any other user of the Website due to someone else using your password or customer account. You may not use anyone else’s password or My Account at any time. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website.
You also agree that Pimm.com may, in its sole discretion and without prior notice to you, terminate your access to the Website and your My Account for any reason, including without limitation:
- attempts to gain unauthorized access to the Website or assistance to others’ attempting to do so
- overcoming software security features limiting use of or protecting any Content
- discontinuance or material modification of the Website or any service offered on or through the Website
- violations of these Terms
- failure to pay for purchases
- suspected or actual copyright infringement
- unexpected operational difficulties
- requests by law enforcement or other government agencies
You agree that Pimm.com will not be liable to you or to any third party for termination of your My Account or your access to the Website.
CONSENT TO COLLECTION, USE & DISCLOSURE OF YOUR PERSONAL INFORMATION
CONSENT TO OUR COMMUNICATION WITH YOU BY E-MAIL
By establishing a My Account with us, and each time you make a purchase through our Website, you grant permission for Pimm.com to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at unsubscribe@Pimm.com or follow the unsubscribe procedures set forth in such marketing emails.
CONDITIONS OF SALE AND PAYMENT TERMS
To purchase any goods and/or services on our Website, you must
BY ENTERING THIS WEB SITE YOU ALLOW INCONDITIONALLY THE WEB SITE’S OWNERS TO PUBLISH AT OUR CONVENIENCE IN THE TESTIMONY SECTION YOUR CONVERSATION OR DIALOGUES BETWEEN YOU AND THE COMPANY.
- (a) be at least eighteen (18) years of age.
- (b) be a natural person, corporation or a distributor.
- (c) be capable of entering into binding contracts and
- (d) be a resident in one of the Service Countries.
Upon the purchase of any goods or services on our Website, you must provide us with a valid credit card number and associated payment information including all of the following:
- (i) your name as it appears on the card,
- (ii) your credit card number,
- (iii) the credit card type,
- (iv) the date of expiration and
- (v) any activation numbers or security codes needed to charge your card.
By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization
All sales of products and services are final. All charges from those sales are nonrefundable.
METHODS OF PAYMENT, CREDIT CARD TERMS AND TAXES
All payments must be made by VISA, MasterCard, American Express and other credit cards (each of which may be removed by Pimm.com in its sole discretion). Unless expressly set forth on the Website, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT Pimm.com, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORISED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Pimm.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Pimm.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Pimm.com or its agents. You are responsible for paying any taxes imposed on your purchases, including, but not limited to VAT.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Pimm.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Pimm.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Pimm.com upon shipment of Product(s) that you have ordered, [or upon the completion of the license and delivery of a Digital Download,] as indicated by our servers. Title to Product(s) and all risk of loss passes to you upon delivery or collection of the Product(s). We may require additional verifications or information before accepting any order. Pimm.com is a reseller to end users and does not accept orders from any third party (resellers, exporters, wholesalers, any businesses of any kind or other customers) who intends to resell.
NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
Pimm.com shall have the right to refuse or cancel any orders placed for Products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Pimm.com shall have 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 canceled, Pimm.com shall immediately issue a credit to your credit card account in the amount of the charge.
MODIFICATIONS TO PRICES OR BILLING TERMS
PIMM.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE OR BY E-MAIL DELIVERY TO YOU.
PRICE COMPARISONS, “RETAIL PRICE” AND “YOU SAVE”
Price comparisons may be made throughout the Website to indicate the relative savings amounts of our pricing. “RETAIL PRICE” is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the retail price. Actual retail prices may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at retail price in any particular location or at any particular time. “YOU SAVE” reflects the difference between our price and the supplier provided list price shown on our Websites. Because the list price may be different than the actual retail prices, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
SERVICE AND SUPPORT FOR GOODS SOLD
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
You agree to indemnify and hold harmless Pimm.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable legal and other fees, made by any third party arising out of or related to your violation of these Terms, or your violation of any law, regulation or third-party right.
DISCLAIMER OF WARRANTIES
The website, products, services, content, [digital downloads], software, artwork, data, and information are provided “As is”. All of Pimm.Com’sphysical products are guaranteed against material defects for seven (7) days from the date of invoice. Except as expressly stated herein, Pimm.com expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by the Pimm.com website, including, but not limited to, the implied warranties and/or conditions of merchantability or quality of data and fitness for a particular purpose, suitability, title, non-infringement, lack of viruses or correspondence to description.
LIMITATION OF LIABILITY
The entire risk arising out of the use of the website, the use of any products and/or services offered on or in connection with the website, and/or the use of any content [and/or digital downloads] remains with you. In no event shall Pimm.com or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of these terms or the use of or inability to use any products, services, content [and/or digital downloads,] with the delay or inability to use the pimm.com website or related services, the provision of or failure to provide products or services, or for any information, software, products, services and content obtained through the website, or otherwise arising out of the use of the website whether based on contract, delict, negligence, strict liability or otherwise even if Pimm.com has been advised of the possibility of such damages. Notwithstanding anything else in these terms or posted on the website, the maximum liability that Pimm.com shall have is limited to any amounts actually paid to Pimm.com by the end user. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays that shall not be the responsibility of Pimm.com. You acknowledge and agree that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of these terms) that is an essential basis of the bargain between the parties.
POLICY TO TERMINATE PRIVILEGES FOR COPYRIGHT INFRINGEMENT
Pimm.com will terminate the account of any customer or vendor who uses or unlawfully transmits copyright material without a licence, or a valid defence to do so. After proper notification by the copyright holder or its agent to Pimm.com and later confirmation through court order or an admission by the customer/vendor that an account has been an instrument of unlawful infringement, Pimm.com will terminate the infringing customer’s My Account. Pimm.com may also in its sole discretion decide to terminate a customer’s account privileges including his/her My Account prior to that time if it has good belief that infringement has in fact occurred Pimm.com respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the Website, please contact “Legal Department” at:
Attn: Legal Department,
Laredo Texas 78040
United States of America.
The following policies/agreements are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Website:
- com Buyer’s Agreement
- com Seller’s Agreement
- com Returns Policy
Each of these policies/agreements may be changed from time to time and are effective immediately after we post the changes on the Website. In addition, when using particular services on the Website, you agree that you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into these Terms.
No delay or failure to take action under these Terms shall constitute any waiver by Pimm.com of any provision of these Terms.
If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect.
These Terms will bind and inure to the benefit of Pimm’s permitted successors and assigns.
These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. Pimm.com may freely assign these Terms without consent or notice.
These Terms (including all documents expressly incorporated herein by reference constitutes the complete and exclusive agreement between Pimm.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
The laws of the state of Texas govern this Seller Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with Pimm.com or its affiliates relating in any way to these terms and conditions shall be adjudicated in any state or federal court of Wegg County (Texas) for the time being, and you consent to exclusive jurisdiction and venue in such courts.
Pimm.com is a trademark and service mart of Pimm Grand Cayman CI and is managed by Southeast Management Group Inc on October 28, 2017