OVERVIEW
This website is operated by Peonygear.com. Throughout the site, the terms “we” and “our” refer to Peonygear. Peonygear gives you, the user, access to this website and all of its information, tools, and services, as long as you agree to all of the terms, conditions, policies, and notices listed here.
By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to everyone who uses the site, whether they are just looking around, selling something, buying something, selling something, or adding content.
Please read these terms of service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms of service are seen as an offer, then only these terms of service can be accepted.
Any new features or tools added to the current store will be subject to the Terms of Service as well. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. If you keep using or going to the website after changes have been made and posted, you agree to the changes.
Our store is hosted by Shopbase, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1: Online Store Terms
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province, or that you are at least the age of majority in your state or province and have given us permission to let any of your minor dependents use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or codes of a destructive nature.
If you break any of the terms or don’t follow them, your services will end right away.
Section 2: General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to copy, sell, resell, or make money off of any part of the service, use the service, get access to the service, or make any contact on the website where the service is offered, unless we give you written permission to do so.
The headings in this agreement are just there to make it easier to read. They have nothing to do with the terms.
Section 3: Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4: Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right to change or end the service (or any part or content of it) at any time and without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.
Section 5: Products or services (if applicable)
Certain products or services may be available exclusively online through the website. There may be a limited number of these products or services, and you can only return or exchange them if you follow our return policy.
We have made every effort to display the colors and images of our products as accurately as possible in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions or product pricing are subject to change without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We don’t promise that the quality of any products, services, information, or other materials you buy or get from us will meet your expectations, nor do we promise that any problems with the service will be fixed.
Section 6: Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We have the right to limit or stop orders that look like they are coming from dealers, resellers, or distributors, based on our own judgment.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to keep your account and other information, like your email address, credit card numbers, and expiration dates, up-to-date as soon as possible so that we can complete your transactions and get in touch with you as needed.
For more detail, please review our Returns Policy.
Section 7: Optional Tools
We may give you access to tools that don’t belong to us or over which we don’t have any control or say.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We won’t be responsible for anything that happens because you use third-party tools that you don’t have to use.
If you use any of the optional tools on the site, you do so at your own risk and at your own choice. You should also make sure you understand and agree to the terms on which the tools are offered by the third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8: Third-Links
Some of the content, products, and services we offer through our service may come from outside sources.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We don’t have to check the content or accuracy of third-party materials or websites, and we’re not liable or responsible for any third-party materials, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. All claims, concerns, questions, or complaints about products made by a third party should be sent to the third party.
Section 9: User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We don’t have to keep any comments secret, pay for any comments, or respond to any comments, and we won’t have to do any of those things.
We may monitor, edit, or remove content that, in our opinion, is illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise offensive, or that violates the intellectual property of any party or these Terms of Service, but we are not required to do so.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You also agree that your comments won’t be libelous or otherwise illegal, won’t be rude or obscene, and won’t have any computer viruses or other malware that could mess up the way the service or any other website connected to it works. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We are not responsible or liable for any of the comments you or anyone else posts.
Section 10: Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. to view our privacy policy.
Section 11: Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to fix any mistakes, errors, or omissions, change or update information, or cancel orders at any time and without notice, even after you have placed your order.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. There is no update or refresh date listed in the service or on any website related to it. This means that all of the information in the service and on all related websites has not been changed or updated.
Section 12: Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to ask others to do or take part in illegal acts; (c) to break any international, federal, provincial, or state rules, laws, or local ordinances; (d) to infringe on or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, or race; We reserve the right to stop you from using the service or any related website. We reserve the right to stop you from using the service or any related website.
Section 13: “Disclaimer of Warranties; Limitation of Liability”
We do not promise, guarantee, or warrant that you will be able to use our service without interruption, on time, securely, or without making any mistakes.
We don’t promise that the results you get from using the service will be correct or reliable.
You agree that we can stop providing the service for an unspecified amount of time or end it at any time without telling you first.
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 you get through the service (unless we say otherwise) are provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Peonygear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, orBecause some states or countries don’t let you exclude or limit your liability for indirect or incidental damages, our liability will be limited to the fullest extent allowed by law in those states or countries.
Section 14: Indemnification
You agree to protect, defend, and hold harmless Peonygear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15: Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. The validity and enforceability of the rest of the rules won’t be affected by this decision.
Section 16: Termination
All of the parties’ obligations and liabilities that were made before the date of termination will still be in effect after this agreement is over.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If, in our sole judgment, you don’t follow any of the terms or rules of these Terms of Service, or if we think you haven’t, we can end this agreement at any time without notice, and you’ll still have to pay all the money you owe up to and including the date of termination. We can also stop you from using our services (or any part of them).
Section 17: Entire Agreement
We shall not be deemed to have waived any right or provision of these Terms of Service if we fail to exercise or enforce such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in relation to the Service make up the entire agreement and understanding between you and us and govern your use of the Service. They replace any other agreements, communications, and proposals, written or spoken, between you and us, including, but not limited to, any earlier versions of the Terms of Service.
Any ambiguities in how these Terms of Service should be read shouldn’t be used against the person who wrote them.
Section 18: Government Law
The laws of the United States apply to these terms of service and any other agreements we have with you that give you access to our services.
Section 19: Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. If you keep using or accessing our website or service after we post changes to these Terms of Service, that means you agree to the changes.
Section 20: Contact Information
Questions about the Terms of Service should be sent to us at- e-mail at [email protected]