My Favorite Things Terms and Conditions

The My Favorite Things Website is operated by My Favorite Things.

Your Use of This Website is Governed by These Terms and Conditions.

Please take a few minutes to review these Terms and Conditions. Your use of this Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the My Favorite Things Website.

These Terms and Conditions May Change

My Favorite Things reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.

This is A Real-Time E-Commerce Web Site

All purchases made through this web site directly, or via this web site by phone are real time e-commerce purchases. As is standard with other e-commerce web sites, orders are put into production ONLY after the purchaser's credit card has been successfully charged for the amount of the order. If there is a problem with the card, the purchaser will be notified. At the time the order is placed, before any items are placed into production or packaging, the purchaser's credit card is charged. All orders cancelled by client prior to shipping are subject to a cancellation fee of 3% of their total purchase, (including any taxes).

Copyright Notice

All of the Content you see on the My Favorite Things Website, including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by My Favorite Things, one of its affiliates or by third parties who have licensed their materials to My Favorite Things. The entire Content of this Website is copyrighted as a collective work under U.S. copyright laws.

The Content of this Website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. My Favorite Things reserves complete title and full intellectual property rights in any Content you download from this Website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from My Favorite Things.

Submissions

We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to My Favorite Things (via email, phone, in person, or by mail) shall be and remain the exclusive property of My Favorite Things. Your submission of any such Comments shall constitute an assignment to My Favorite Things of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. My Favorite Things will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Great Shipping

Colors

We have done our best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. The actual colors of products may vary from that shown on this Website.

Correction of Errors and Inaccuracies; Limitations on Quantity

The information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. Please see our Return Policy for more details. NOTE: For the safety of our customers we diligently screen for credit card fraud. All credit cards are verified and charged at the time of purchase. We reserve the right to refuse service to anyone.

DISCLAIMERS
Waterfalls: All custom built waterfalls require a deposit equal to half the sale price, up front. Once construction of the custom project has begun, this deposit becomes non-refundable. The balance for each custom project is due upon completion of the project per individual contract.
Note: These are real waterfalls. They utilize water. As with any product utilizing water, some splashing is to be expected. Although these waterfalls are manufactured to keep splashing to a minimum - they are waterfalls.

DISCLAIMERS -- GENERAL

THE MY FAVORITE THINGS WEBSITE IS OPERATED BY MY FAVORITE THINGS, ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, MY FAVORITE THINGS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, MY FAVORITE THINGS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

WITHOUT LIMITING THE FOREGOING, MY FAVORITE THINGS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, MY FAVORITE THINGS DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

MY FAVORITE THINGS DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

MY FAVORITE THINGS MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

MY FAVORITE THINGS ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT, PRODUCTS OR SERVICES PROVIDED ON OR PURCHASED FROM THIS WEBSITE.

NOTE: For the safety of our customers we diligently screen for credit card fraud. All credit cards are verified and charged at the time of purchase. We reserve the right to refuse service to anyone.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL MY FAVORITE THINGS OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MY FAVORITE THINGS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MY FAVORITE THINGS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

ENFORCEMENT OF TERMS AND CONDITIONS

BY ACCESSING AND USING THE MY FAVORITE THINGS WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA.

NOTE: For the safety of our customers we diligently screen for credit card fraud. All credit cards are verified and charged at the time of purchase. We reserve the right to refuse service to anyone.