ORDERING POLICIES
Thank you for placing an order on this Web Site. By placing your order you have
agreed that DELOVELY L.L.C. may charge the price of the products and/or services
you purchased, plus any applicable taxes, to your credit card in accordance
with these Ordering Policies.
The following Ordering Policies (the "Policies") constitute a binding
legal contract between you and DELOVELY L.L.C., a Texas limited liability company
("DELOVELY"), the owner and operator of the website located at www.bijouxpets.com (the "Web Site"). By ordering merchandise or services via the Web
Site, you have signified your acceptance of these Policies, as may be amended
or supplemented from time to time. Please print a copy of this agreement for
your records.
These Policies are intended to supplement the Web Site Terms of Use Agreement. Click here to view that contract. To the extent there
is any conflict or contradiction between these Policies and the Web Site Terms
of Use, these Policies shall take precedence and control.
Delovely takes the issue of privacy and security on the Internet very seriously.
To view our Privacy Policy, click here.
SHIPPING
All orders via the Web Site are fulfilled by Delovely, located in Austin, Texas.
Delovely's hours are 24 hours a day 7 days a week including holidays. Delivery
of merchandise generally takes 3 to 5 business days, and may take longer. Your
credit card will be charged when the order is placed
SALES TAX
Sales tax is automatically applied to your www.bijouxpets.com order in accordance
with individual state regulations if your shipping address is in the state of
Texas. If purchasing from a state other than Texas, the individual is responsible
for paying the appropriate tax to the appropriate entity.
Sales tax is automatically applied to freight charges in accordance with individual
state regulations if your shipping address is in the state of Texas. If purchasing
from a state other than Texas, the individual is responsible for paying the
appropriate tax to the appropriate entity.
PRODUCT DISPLAY
Delovely has made every effort to display the products and services featured
on this Web Site as accurately as possible. Please note however that the colors
used by Delovely, as well as the display and color capabilities of your particular
computer monitor, will greatly affect the colors actually see on the screen.
The Web Site cannot be responsible for the limitations of your monitors
display of any color, texture, or detail of actual merchandise. For optimal
viewing, we recommend setting your monitor to 1024X960.
PAYMENTS AND DISPUTED PAYMENTS
Delovely does not accept checks, drafts, or money orders for orders submitted
through the Web Site. Please use our convenient and secure online ordering feature.
We accept American Express, Visa, MasterCard and Discover. You will bear all
costs associated with a disputed credit card charge which results in action
from Delovely's merchant account provider, otherwise known as "chargebacks,"
through American Express, MasterCard, Visa or Discover.
DISCLAIMER OF WARRANTIES
THE EXPRESS WARRANTY MADE IN CONJUNCTION WITH EACH SPECIFIC PRODUCT OR SERVICE
IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES. DELOVELY EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS
MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF A PRODUCT
HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY
IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
WAIVER AND LIMITATION OF LIABILITY
YOU HEREBY ACKNOWLEDGE THAT THE WARRANTY AND THE ACCOMPANYING OBLIGATIONS AND
LIABILITIES OF DELOVLY ARE EXCLUSIVE AND YOU HEREBY WAIVE ALL OTHER REMEDIES,
WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR
OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF DELOVELY. YOU ACKNOWLEDGE
BY YOUR PURCHASE OF PRODUCTS OR SERVICES ORDERED VIA THE WEB SITE THAT YOUR
OR THE INTENDED RECIPIENTS USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM
IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS
ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS IN CONNECTION WITH THE PRODUCTS.
DELOVELY HAS PRICED ITS PRODUCTS AND SERVICES UPON THE UNDERSTANDING, AND YOU
HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT NEITHER DELOVELY NOR ANY OF ITS AFFILIATES
WILL BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY,
PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM
ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT
LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION
WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY
TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY
15 U.S. C. § 2301.
IN NO EVENT SHALL DELOVELY OR ITS AFFILIATES BE LIABLE TO YOU FOR DAMAGES WHICH
EXCEED THE PURCHASE PRICE OF THE PRODUCTS AND/OR SERVICES PURCHASED BY YOU.
SOME LAWS MIGHT NOT ALLOW LIMITATION OF CERTAIN DAMAGES ON PURCHASES FOR CONSUMER
USE, SO ONE OR MORE OF THESE LIMITATIONS MIGHT NOT APPLY TO YOU.
Follow all instructions and heed all warnings accompanying any product ordered
from the Web Site. Some products, including those with small pieces, may not
be suitable for children and should be kept out of the reach of children.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS DELOVELY, ITS AFFILIATES
AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES,
INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS
OR SERVICES PURCHASED VIA THE WEB SITE.
MODIFICATION
Delovely may change these Policies at any time. Any change shall be effective
immediately upon its posting on the Web Site. You agree that you will be bound
by these Policies, however and whenever changed, whether you have actual or
constructive notice of, and whether you have ordered, used or received products
or services after, the changes.
SEVERABILITY
If any provision of these Policies is deemed unlawful, void, voidable or unenforceable
for any reason, then that provision shall be deemed severable from these Policies
and shall not affect the validity or enforceability of any remaining provisions.
GOVERNING LAW AND VENUE
These Policies, the entire relationship between you and Delovely, and any litigation
or other legal proceeding between you and Delovely (whether grounded in tort,
contract, law or equity) shall be governed by and construed in accordance with
the laws of the State of Texas, without giving effect to its choice of law rules.
This contract is fully performable in Travis County, Texas. Any litigation arising
between the parties hereto shall be brought only in the state or federal courts
located in Travis County, Texas.

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