Terms and Conditions for the Online Sale of Goods and Services 

Last modified September 5, 2020  

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM MY WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ABBY ECKER STUDIO, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

These terms and conditions (the "Terms") apply to the purchase and sale of products and services through www.abbyecker.com (the "Site"), pages, and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites”). Please read these Terms, my Terms & Conditions, and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

I.        Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. I must accept all orders or I will not be obligated to sell the products or services to you. I may choose not to accept any orders at my sole discretion. After having received your order, I will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between ABBY ECKER STUDIO and you will not take place unless and until you have received your order confirmation e-mail. 

II.        Prices and Payment Terms.

A.    All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. I am not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

B.    Terms of payment are within my sole discretion and I must receive payment before my acceptance of an order. I accept [VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER, DINERS CLUB, JCB, APPLE PAY, PAYPAL] for all purchases. You represent and warrant that (i) the credit card information you supply to me is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

III.        Shipments; Delivery; Title and Risk of Loss.

A.    I will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

B.    Title and risk of loss pass to you upon my transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. I am not liable for any delays in shipments, nor am I required to refund orders lost in the mail. However, if the carrier does not deliver an item, you must notify me within seven (7) days of the originally scheduled delivery date. Any decision regarding whether or not to replace a lost item is within my sole discretion, upon timely notice.  

IV.        Returns and Refunds. All refunds are in my sole and exclusive discretion. At this time, all products and/or services offered for sale on the Site are designated as non-refundable and non-returnable. I WILL NOT OFFER REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE OR NON-REFUNDABLE.

V.        Limitation of Liability. ALL PRODUCTS AND SERVICES OFFERED FOR SALE BY ABBY ECKER STUDIO ARE SOLD “AS IS” AND I SPECIFICALLY DISCLAIM ALL WARRANTIES. The informal dispute resolution procedure detailed in Section VIII (D) is available to you if you believe that I have not performed my obligations under these Terms.

VI.        Intellectual Property Use and Ownership. You acknowledge and agree that:

A.    Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.

B.    You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.

C.    ABBY ECKER STUDIO is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

VII.        Privacy. I respect your privacy and am committed to protecting it. My Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

VIII.        ADDITIONAL TERMS AND CONDITIONS

A.    GOVERNING LAW. The Parties have entered into this Agreement in the State of GEORGIA and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of GEORGIA, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of GEORGIA, and that venue of any action will be located in the District Court of CHATHAM COUNTY, GEORGIA.

B.    BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. 

C.    INDEMNIFICATION. To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement. 

D.    BINDING ARBITRATION.  ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF GEORGIA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.

E.     ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

F.    EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of ABBY ECKER STUDIO’s intellectual property rights and confidential and proprietary information by you, Abby Ecker Studio will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Abby Ecker Studio may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in CHATHAM COUNTY, GEORGIA, United States of America for purposes of any such action by Abby Ecker Studio.

G.    COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

H.    WAIVER. If the Parties choose to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

I.      FORCE MAJEURE: Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.