PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS OF USE (HEREIN REFERRED TO AS THE "USER AGREEMENT") APPLY TO ALL PAGES OF THE PINK SOLUTION WEBSITE. USERS ARE THUS ENCOURAGED TO FAMILIARIZE THEMSELVES WITH THIS DOCUMENT..
TERMS AND CONDITION OF SALE, TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY EARTHCARE MARKETING SALES LTD (EARTHCARE), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IMPORTANT INFORMATION ABOUT THIS LEGAL CONTRACT
ACCEPTANCE OF CONTRACT TERMS
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Earthcare (References to "you" or "your" shall relate to a customer of Pink Solution or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Earthcare" shall relate to Earthcare Marketing Sales Ltd. and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations. If you do not agree to this User Agreement, as it may be changed by Earthcare from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, Canadian and United States copyright laws and international treaties. This Site is controlled and operated by Earthcare from its offices within Canada. Earthcare makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the province of British Columbia without regard to conflict of law rules. You consent to jurisdiction of the federal and provincial courts located in British Columbia to hear any such claims.
ACCESS, INTERFERENCE AND LINKING
Earthcare grants you a limited license to access and make personal use of the Site. Modification, replication and/or retention of our proprietary content is hereby forbidden except as provided below under "Use Restrictions" or with express written consent of Earthcare. The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Earthcare; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Earthcare.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Earthcare, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Earthcare logo or other proprietary graphic or trademark as part of the link without express written permission.
Earthcare does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
The copyright in all material provided on this Site is held by Earthcare or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Earthcare or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Earthcare's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EARTHCARE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF EARTHCARE OR A EARTHCARE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
COMMUNICATIONS TO EARTHCARE
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Earthcare for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Earthcare is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Earthcare or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
DISAGREEMENT WITH THESE TERMS AND CONDITIONS
If you disagree with any of the terms and conditions of this User Agreement, refrain from visiting, browsing, shopping, accessing or otherwise using this Site.
EARTHCARE TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH EARTHCARE. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract This Sale Agreement is a legal contract between the Customer and Earthcare. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "Earthcare" shall relate to Earthcare and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Earthcare relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Earthcare. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Earthcare at the address provided below. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Earthcare reserves the right to cancel, amend and/or refund orders placed without prior consultation.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE BRITISH COLUMBIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR PROVINCIAL COURTS LOCATED IN CANADA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside Canada. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
GENERAL LEGAL DISCLAIMER
EARTHCARE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY EARTHCARE IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
PRICING AND INFORMATION DISCLAIMER
All pricing subject to change. For all prices, products and offers, Earthcare reserves the right to make adjustments due to changing market conditions, product discontinuation, price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome! While Earthcare uses reasonable efforts to include accurate and up-to-date information on the Site, Earthcare makes no warranties or representations as to the Site's accuracy. Earthcare assumes no liability or responsibility for any errors or omissions in the content on the Site.
LIMITATION OF LIABILITY
EARTHCARE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. EARTHCARE WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, EARTHCARE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
ORDERS; PAYMENT TERMS; TAXES
Orders are not binding upon Earthcare until accepted by Earthcare. Prices listed on the site are indicated as an invitation to treat, without prejudice, and are not contractually binding. Terms of payment are within Earthcare's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Earthcare may invoice parts of an order separately. The Customer is responsible for sales and all other taxes associated with the order.
Shipping and handling charges on all orders vary based on the destination as well as size and weight of the order. In some circumstances, international shipping may be available. Call for details.
At Earthcare, we stand behind our products 100%. All items purchased from Pink Solution carry a 30-day money back guarantee. If you find you are unhappy with your product, please contact us and we will assist you on the return of that merchandise. Please inspect the contents of your package(s) as soon as the order is delivered in order to give yourself enough time to take advantage of our 30-day money back guarantee. We will be unable to issue any type of refund after our 30-day guarantee has expired.
Upon receipt of your return it takes 10-15 business days to process your return and credit. The credit will then be processed against the original form of payment. We will notify you via e-mail once your return has been processed.
Credit card charges are processed when orders are ready to be shipped from our warehouse.