Terms & Conditions
These Terms and Conditions apply to the Give Wink Web Site ("the Site") located at www.GiveWink.com. The Site is the property of Frankurt Inc. BY USING THE SITE, YOU ARE AGREEING TO ACCEPT THESE TERMS AND CONDITIONS.
- NO OTHER USE OF TRADEMARK OR CONTENT
- Give Wink is a registered trademark of Frankurt Inc. No use of the name or logo is permitted without prior written permission. All of the content featured or displayed on the Site, including without limitation text, graphics, photographs, moving images, sound, and illustrations, is owned by Give Wink, its licensors, vendors, and/or its content providers. All elements of the Site, including without limitation the general design and content, are protected by copyright and other laws relating to intellectual property rights. No reproduction of the text, images, and/or other content is permitted. Displaying this Web Site or any information or material contained on this Web Site in frames or through similar means on another Web site is prohibited.
- MINIMUM AGE REQUIREMENT
- Although Give Wink sells children’s products, we only sell to adults. If you are below age 18, you may only use the Site under the supervision of a responsible parent or guardian.
- USER WARRANTIES
- In placing an order, you warrant that you are over 18 years of age, that you have provided Give Wink with accurate and complete information, and that you have the authority to place the order.
- PROTECTING YOUR CONFIDENTIAL INFORMATION
- The customer is solely responsible for maintaining the confidentiality of his/her account and password, and for restricting access to his/her computer. The customer is also entirely responsible for any and all activities that occur under his/her account. The customer agrees to immediately notify us of any unauthorized use of his/her account or any other breach of security of which he/she becomes aware.
- ACCURACY OF INFORMATION PROVIDED
- Give Wink does not promise that this Site or any content, service or feature of the Site will be error-free. We attempt to ensure that information on the Site is accurate. But despite our best efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. For example, products included on the Site may be unavailable, may have different attributes than those described, or may actually carry a different price than that stated on the Site. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately depict the attributes of our products, including colors; however, the actual color seen will depend on the computer system and monitor. In addition, all features, content, specifications, products, and prices of products and services described or depicted on the Site, and any applicable policies or terms, are subject to change at any time without notice.
- INTERRUPTIONS IN SERVICE
- Give Wink does not promise that this Site or any content, service or feature of the Site will be uninterrupted. The Site and its content are delivered on an "as-is" and "as-available" basis, and operation of the Site may be affected by numerous factors outside of our control. Furthermore, Give Wink reserves the right to suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform maintenance, error correction, or other changes.
- RIGHT OF REFUSAL
- Give Wink reserves the right at any time after receipt of any order to accept or decline the order for any reason. The receipt of an electronic or other form of order confirmation does not signify Give Wink’s acceptance of the order, nor does it constitute confirmation of Give Wink’s offer to sell. In the event that a product is listed at an incorrect price or with incorrect information, Give Wink will have the right to refuse or cancel any orders placed for product listed at the incorrect price.
- SALES TAX
- Give Wink may charge and withhold the applicable sales tax for orders. Otherwise, the customer is solely responsible for all sales taxes, or other taxes, on orders.
- SHIPPING LIMITATIONS
- When an order is placed, it will be shipped to an address provided by the customer as long as that shipping address complies with the shipping restrictions contained on the Site. All purchases are made pursuant to a shipment contract. Risk of loss or damage for items purchased from the Site pass to the recipient upon delivery of the items to the shipping carrier. The customer is responsible for filing any claims with carriers for damaged and/or lost shipments.
- LIABILITY FOR DEFECTS
- All products and services purchased on or through the Site are subject only to the applicable warranties of their respective manufacturers, distributors and suppliers, if any. Should there be any problem with the products or services that have been purchased on or through the Site, the customer agrees that the sole remedy, if any, is from the manufacturer of such products or supplier of such services, or to seek a return and refund in accordance with our returns and refunds policies posted on the Site.
- Any feedback provided at this Site shall be deemed to be non-confidential. Give Wink shall be free to use such information on an unrestricted basis.
- BLOCKING ACCESS TO YOUR ACCOUNT
- The customer of Give Wink may suspend or terminate the customer’s account or use of this Web Site at any time, for any reason or for no reason. The customer is liable for any orders placed or charges incurred through the account prior to termination.
- The customer agrees to indemnify and hold Give Wink, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Give Wink arising out of or in connection with the use of the Site.
- DISPUTE RESOLUTION
- The customer agrees that all matters relating to access to or use of the Site, including all disputes, will be governed by the laws of the State of Florida. The customer consents to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, and waive any objection to such jurisdiction or venue.
THE CUSTOMER’S SOLE REMEDY AGAINST GIVE WINK FOR DISSATISFACTION WITH THE SITE OR ANY OF ITS CONTENT IS TO STOP USING THE SITE.
IF ANY PROVISION OF THESE TERMS OF SERVICE IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK AND THE REMAINING PROVISIONS SHALL BE ENFORCED.