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Terms and Conditions
The terms, policies and conditions (collectively known as "Conditions") described below govern the use of this site referred to as Carried Away, carriedawaygifts.com. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE AND/OR PLACING ANY ORDER YOU AGREE TO THESE TERMS AND CONDITIONS.
Copyright
All web site materials, including, without limitation, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2011, Carried Away. ALL RIGHTS RESERVED. You may electronically copy and print to hard copy portions of this web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this web site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Carried Away - is strictly prohibited.
Disclaimer
THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CARRIED AWAY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THIS WEB SITE. Carried Away DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CARRIED AWAY DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Carried Away reserves the right to change any and all content contained on this web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Carried Away.
From time to time there may be information on the Website or in an email to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
Limitation of Liability
CARRIED AWAY, ITS MANAGER, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE WEBSITE, OR WITH ALL OR ANY OF THE TERMS, PRIVACY POLICY AND/OR ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED TWO HUNDRED UNITED STATES DOLLARS ($200.00). SOME JURISDICTIONS MAY NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, IN WHICH CASE THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS ON DIRECT AND INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARE INDEPENDENT OF ONE ANOTHER AND ANY OTHER LIMITATIONS SET FORTH IN THIS AGREEMENT.
Indemnification
You agree to indemnify and hold harmless Carried Away and all of their managers, members, directors, officers, agents, employees, suppliers, vendors, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, arising from or related to your use of the Website.
Applicable Law
This Website (excluding linked web sites) is controlled by Carried Away from its offices within the United States. Carried Away makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in locations other than the United States. If you are using or accessing the Website from locations other than in the United States, you are responsible for compliance with Virginia and United States laws, as well as local laws in countries from which you are accessing this Website, if and to the extent applicable. Use of this Website is not authorized in any jurisdiction that does not give effect to these Terms and the Privacy Policy, including without limitation this paragraph. You agree that these Terms of Service & Conditions shall be governed in all respects by the laws of the State of Virginia, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against Carried Away must be resolved by a court located in Loudoun County, Virginia. You agree to submit to the personal jurisdiction of the courts located within Loudoun County, Virginia for the purpose of litigating all claims or disputes.
User Conduct
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.
Waiver
The failure of Carried Away to exercise or enforce any right or provision of these Terms of Service and Conditions shall not constitute a waiver of such right or provision.
Termination
Notwithstanding any of these terms and conditions, Carried Away reserves the right, without notice and in its sole discretion, to terminate your license to use this web site, and to block or prevent future access to and use of this web site.
Severability
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Privacy
Please review our privacy policy which also governs your visit to this website, to understand our privacy practices.
Shipping
At this time, Carried Away ships merchandise only to locations within the continental United States and not to international locations. Nor does Carried Away ship to Alaska, Hawaii, Puerto Rico, Guam or the US Virgin Islands.
We ship via UPS. There will be NO REFUNDS for products delivered late or not ordered with the correct shipping method, or with an incorrect or incomplete shipping address. Please note Ground shipping is never guaranteed to arrive on a specific day. The time of day your order is placed, the method of delivery you choose, location of the recipient, weather conditions, holidays, occasional delays by carriers, and other factors, such as an incorrect addressees can all impact the delivery and arrival date of your gift. We will always do everything possible to expedite your gift order, however we cannot guarantee specific dates or times of arrival. We try to process orders as quickly as possible usually within 24 to 72 hours after receipt of the order. We may need some additional time to process orders due to high volume or temporarily out of stock items. You will be notified via email if an item is no longer available or any delays. When placing a large order additional processing time may be needed.
If UPS requests a corrected or more complete address after we ship your order, there may be an additional fee of up to $25.00 per order.
IF UPS returns your order to us as undeliverable or refused, you then have the option of reshipping the same order to a new address and paying a new shipping charge, or receiving a credit for 50% of the total amount of your order.(There is a 50% restocking fee.) Shipping charges usually consist of shipping to the recipient and shipping back to Carried Away (Excludes food items and perishables).
Holiday Shipping Policy: We recommend you order early so that your gift arrives in time for Christmas or other Holidays and to avoid any disappointments. Delays in delivery may occur during the Holiday season and last minute ordering. Please allow extra time during Holiday seasons. Expedited delivery is available during checkout. Please be aware that during the second and third week of December, it is not uncommon for the carriers to suspend time-in-transit guarantees.
Delivery Exceptions: We do not accept responsibility for shipments which are delayed due to causes beyond our control, including, but not limited to, the unavailability or refusal of a person to accept delivery of the shipment in a timely manner; incorrect, invalid or incomplete addresses; acts of God; disruption in air or ground transportation networks, such as weather phenomena and natural disasters. Service guarantees are suspended by the carriers during peak holidays. If your order arrives late due to a Shipping Company, carriers delay, you will be credited for shipping charges once the cause of the delay is determined. Delays due to acts of God, extreme weather and natural disasters are NOT subject to a shipping refund. Orders sent to a wrong or incomplete address are NOT guaranteed and may be assessed an additional fee. We reserve the right to bill you for incomplete/incorrect addresses that result in this additional fee. Refunds or replacements will only be given if your order arrives damaged. Food items and perishables cannot be returned.
Substitutions
Because of the popularity of our gifts at times we may need to substitute items, as we make changes to our inventory based upon discovery on new and unique items, product availability and seasonal difference. During summer months April - October, chocolate in regular gifts may be substituted with hard candy items. Therefore, Substitution may be made, but quality will never be compromised. Carried Away reserves the right to substitute products.
Chargebacks
We take fraudulent chargebacks very seriously. Charges will apply for any chargeback fees and bank fees on behalf of our company should you decide to reverse or challenge any charges made to your credit card if the chargeback outcome is made in our favor. Standard chargeback fee is usually $40. Bank fees may vary.
Refunds and Returns
We make every effort to ensure that your gift arrives in perfect condition. However, if the gift arrives damaged, or if we make a mistake with your order or the product is defective, we will be happy to replace it. Please note, you must report damages or mistakes to us within 48 hours of receipt of the gift. If you are not satisfied with your gift, the recipient may return it, undamaged and in it’s original container. Full shipping charges plus a 20 per cent restocking fee will be applied. Refunds will only be given to the purchaser upon receipt of the package by Carried Away. We will not accept unauthorized returns.