Terms of Service
Welcome to WearPanda.com, an online store operated by Panda Ventures. This document constitutes a legally-binding agreement ("Agreement") governing the terms of providing you with our service. Throughout this document, the words "WearPanda.com," "us," "we," and "our," refer to us, Panda Ventures, or our website, WearPanda.com, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.
Description of Service
Using our website, WearPanda.com, you can purchase our unique PANDA-brand sunglasses and fashion accessories.
In order for you to place an order with us, you must provide us with your name, email address, mailing address, credit card information, and telephone number.
In addition to providing us with the above information, you must be at least eighteen years old to sign up for our service, or, if a higher age of contractual capacity exists in your jurisdiction, then you must be at least that age.
Payment for your purchases can be made by credit card or through PayPal's online payments processing service. Please note that we have a policy of responding to any unfounded "chargebacks" on credit cards used to purchase our products, and any such actions may result in the matter being sent to a collections agency or small claims court. Any disputes regarding PayPal purchases should be made using PayPal's own dispute resolution service.
If you are not the authorized cardholder of the card being used to purchase, you must be authorized by the cardholder to do so.
"PANDA" is a unique trademark. You may not use our trademark, trade dress, or copyrighted content, or copy the look and feel of our website or its design, without our explicit, written consent.
Representations & Warranties
We make no representations or warranties as to the merchantability of our product or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our service, for reasons including, but not limited to, failure of our product, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we have given full consideration for your payment at the moment that we provide your order to the post office or courier selected to deliver the order to you. We make no representations as to the reliability of the post office or courier, and shall not be liable for any failure on their part, including failure to deliver, or damages to goods.
The provision of our goods to you is conditioned upon your agreement with this and all other parts of this Agreement.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our product to you. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
You also agree to indemnify us for any damages caused to us by your use of our product. Please take notice that our sunglasses are not medical devices.
Choice of Law
This Agreement will be governed by the laws applicable in the State of Washington.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Washington.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that if you bring a dispute against us and the court finds in our favor, you will be responsible for our reasonable attorneys' fees, costs, and disbursements in relation to the dispute.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Cancellation of Order
You agree that we may cancel any order that you make with us at any time, for any reason, without warning or compensation, except for fees paid for goods not shipped by us, even if we have been advised that it may result in a loss to you or any other party.
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unlawful or unenforceable provision being included in it.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. If we have your email on file we may (but are not required to) provide you with email notice that we have changed this Agreement. We encourage you to visit this page periodically to monitor any changes. You may refuse to agree to the amendments, but if you do, you must not order any additional products from us.
Personal Information We Collect
We may collect information about you that is not personal information. When you access our website, we may collect such things as your IP address, browser, operating system, and other general information about our visitors. This information, on its own, cannot usually be used to identify you.
Use of Information
We will only use the personal information you provide us with to process transactions and provide other services to improve your experience.
We also partner with Google AdSense to provide you with advertising that you may find relevant (this is known as the "DoubleClick" cookie and you may disable it if you wish) and use enhanced Google Analytics tracking as well to help us understand our website visitors better. To opt out of Google Analytics tracking, you may use a tool provided by Google at https://tools.google.com/dlpage/gaoptout/.
Our cookies are accessible by third parties.
Third Party Websites
We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We recommend that you review their privacy policies and other agreements governing your use of their website.
Third Party Access to Your Information
We may allow third parties to access, maintain, or otherwise use your information for purposes that we deem conducive to improving our business and service. For example, we may use a third party hosting provider to host our website's data. We will strive to always deal with reputable providers, but it is impossible to be one hundred percent sure of the reliability of a third party over whom we do not have complete control. As such, you hereby agree that we are not liable for any privacy breaches that may occur as a result of the actions of third parties.
We may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.
California Online Privacy Protection Act