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Terms of Service

WEARPANDA.COM Terms of Service

Introduction

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, LLC, 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, www.wearpanda.com, you can purchase our unique PANDA-brand sunglasses. When purchasing sunglasses through us, you help finance eye care for those who need it through our partnership with the TOMA Foundation.

Information Supplied

In order for you to place an order with us, you must provide us with your name, e-mail 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

Payment for your sunglasses can be made by credit card 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 should be made using PayPal's own dispute resolution service.

If you are not the authorized cardholder of the card being used to purchase our sunglasses, you must be authorized by the cardholder to do so.

Intellectual Property

"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.

DMCA Notices

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

  • Your name
  • The name of the party whose copyright has been infringed, if different from your name
  • The name and description of the work that is being infringed
  • The location on our website of the infringing copy
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at: info@wearpanda.com

If sending the notification by e-mail, an electronic signature is acceptable.

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 condition on your agreement with this and all other parts of this Agreement.

Indemnity

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.

Force Majeure

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.

Severability

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.

Assignment

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.

Amendments

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. In the event of any such change, we will post a notice on the Site that we have changed this Agreement. 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.