Terms and Conditions of Sale
(Applies to all purchases from CheyenneWilbur.com)
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions (“Purchase Terms & Conditions”) apply to your purchase of products and services, including without limitation merchandise, Digital Content (defined below), and other products and services (collectively, “Product”) sold by Cheyenne Wilbur ( “we”, “our”, or “us”) from our online store on our Website with a homepage located at https://CheyenneWilbur.com/ (the “Website”). By placing your order for Product, you accept and are bound to (1) these Purchase Terms & Conditions, (2) any Product-specific rules or usage provisions specified on any Product detail page or in any link from a Product detail page (“Rules”), and (3) our Terms of Service (“Terms of Service”) available at https://CheyenneWilbur.com/terms-of-service. These Purchase Terms & Conditions shall apply only to your purchase through the Website. Any purchases you make of our products by any other means or method will be governed by a separate purchase agreement between you and Cheyenne Wilbur.
- Eligibility. By placing an order, you represent and warrant that you have read, and you agree to be bound by, these Purchase Terms & Conditions, the Rules, and Terms of Service. If you are not at least eighteen (18) years of age, or do not wish to be bound by these Purchase Terms & Conditions or the Rules or Terms of Service, you are not authorized to place an order.
- Digital Content.
2.1 The Website may offer for sale streaming and downloads of video and audio programming and digitized versions of audio and/or video recordings, artwork, and information related to such recordings, and other content (individually and collectively, “Digital Content”).
2.2 Limited License to Digital Content. Effective after our acceptance of your order for Digital Content and your payment of all associated fees, we grant you the use of the Digital Content you purchase solely for your personal, non-commercial use, subject to and in accordance with these Purchase Terms & Conditions, the Rules and the Terms of Service.
2.3 Restrictions. You represent, warrant, and agree that you will use the Digital Content only for your personal, non-commercial use and not for any redistribution of the Digital Content or other use restricted in these Purchase Terms & Conditions, the Rules, or the Terms of Service. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend modify, adapt, edit, or license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of us and/or third parties and is protected by law. You agree not to infringe the rights of the Digital Content’s owners and to comply with all applicable laws in your use of the Digital Content.
2.4 Unique Identifiers. Digital Content may include unique identifiers that are specific to you or your purchase (“Unique Identifiers”). You may not modify, reverse engineer, decompile or disassemble or otherwise tamper with the Unique Identifiers.
2.5 Reservation of Rights. Except for the rights explicitly granted to you in these Purchase Terms & Conditions, all right, title, and interest in the Digital Content are reserved and retained by us, and our licensors. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content.
- Purchases.
3.1 Purchases. In the event you wish to purchase Product, you will be asked by us, or an authorized third party on our behalf, to supply certain information such as your full name, address and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete and current information, and to comply with these Purchase Terms & Conditions. You shall be responsible for all charges made in your Product order as well any applicable taxes. We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per address or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
3.2 Payment. Terms of payment are within our sole discretion, and unless otherwise agreed by us, payment must be received by us prior to our acceptance of an order. Your right to any available Product is conditional on our receipt of the appropriate payment for such Product in advance. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order.
3.3 Product Descriptions; Pricing. We attempt to be as accurate as possible in describing Product (including pricing) offered for purchase; however, we do not represent or warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted). If physical Product offered on the Website is not as described, your sole remedy is to return it in unused condition. Despite our best efforts, a small number of the items on the Website may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
3.4 Shipping. Please allow up to ten (10) business days for delivery, depending on shipping method, to locations inside the United States of America (50 States and the District of Columbia), and up to fourteen (14) days for delivery to locations outside the United States.
3.5 Return and Cancellation Policy. All sales of Digital Content are final. We do not accept returns of Digital Content. You bear all risk of loss after purchase and for any loss of Digital Content, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice. To be eligible for a refund in connection with any other Product (e.g., physical merchandise) purchased via the Website, the applicable Product must be returned to us in its original packaging, in unused condition, and accompanied by the relevant packing slip or receipt within fourteen (14) days from the date of purchase.
3.6 Product Availability. All Product orders are subject to availability.
3.7 Order Questions. For any inquiries regarding Product orders, please contact us via e-mail at Cheyenne@CheyenneWilbur.com If we have any questions about your order, you agree that we may contact you by phone, mail or email.
3.8 Colors. We have made every effort to display as accurately as possible the colors of Product that appear on the Website. Actual colors displayed depend on the monitor used. We cannot guarantee a monitor’s display of any color will be accurate.
3.9 Trademarks. You recognize that there is great value to us in the Product and all names, graphics, designs, logos, commercial markings, trade dress, and service names included in the Product, and that they are trademarks of Cheyenne Wilbur or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not copy, reproduce, or modify any Product or Trademarks in any way, without our prior written consent. You will comply with our requests as to the use of the Trademarks and the Products and will avoid taking any action that diminishes the value of any of the Trademarks.
3.10 No Resale. You acknowledge and agree that no Product may be directly or indirectly repackaged or resold or sublicensed or rented by you, unless specifically agreed otherwise by us in writing.
3.11 Risk of Loss. Risk of loss and title for the physical Product purchased from the Website pass to you upon our delivery to the carrier. For purposes of clarity, ownership of the intellectual property in the Product remains at all times with us, subject to the limited licenses granted to you herein.
- Restrictions on Use of Product. You acknowledge and agree that you will: (a) use Product only in a lawful manner and only in accordance with these Purchase Terms & Conditions, the Rules, and the Terms of Service; (b) not modify, edit or alter any Product in any manner without our prior written permission; and (c) not use any Product in a manner that may cause any consumer confusion as to our relationship with you or any third party or that may imply that we endorse you or your products or services.
- Termination; Amendments. Your rights under these Purchase Terms & Conditions will automatically terminate without notice form us if you fail to comply with any of their terms, or any terms of the Rules or the Terms of Service. In case of such termination, you must cease all use of the Digital Content. Our failure to insist upon or enforce your strict compliance with these Purchase Terms & Conditions or the Rules or the Terms of Service will not constitute a waiver of any of our rights. We may amend any of the terms of such agreements at our sole discretion via posting of the revised terms on the Website. Your continued use of the Digital Content after any such amendment’s effective date evidence your agreement to be bound by it.
- Third Party Beneficiary. Third party Digital Content copyright owners, if any, are intended third-party beneficiaries under these Purchase Terms & Conditions and may enforce these Purchase Terms & Conditions against you and invoke all rights hereunder and in the Terms of Service.
- Contact Us. If you have any questions or concerns regarding your order or Product, please contact us by e-mail at Cheyenne@CheyenneWilbur.com.
Last Modified: October 11, 2018