Terms and Conditions

These Website Terms and Conditions of Use (sometimes hereinafter referred to as the "Terms" or "these terms" and similar descriptions) are deemed by virtue of your entering, viewing and/or using this website (hereinafter called "this site") to form a contract entered into between you and Plum Lifestyle Ltd., a British Columbia, Canada Corporation ("Plum Living"). In consideration of your use of and access to this site, and the mutual promises and obligations herein, and intending to be legally bound, you and Plum Living hereby agree as follows:

1. USE OF THIS SITE

1.1 Your access to and use of this site is subject to all laws and regulations which apply to this site, to the Internet and/or to the World Wide Web, and to these terms and conditions. Any action in relation to these terms and conditions must be commenced in the Courts of British Columbia, Canada. In any such action, the laws of British Columbia, Canada shall apply. Your accessing of this site and/or your use of this site constitute acceptance of these terms and conditions without reservation, limitation or qualification.

1.2 You may not use this site if any of the following conditions apply to you: (a) you are not of the age of legal majority in the jurisdiction from which you are accessing this site ("Your Jurisdiction"); (b) it is otherwise illegal in Your Jurisdiction for you to access, view and/or use this site; or (c) the purchase, use, advertising or promotion of any of the products or services offered from time to time on this site is illegal in Your Jurisdiction. If any of these conditions apply to you, please leave this site immediately. If you do not leave this site, then you will be deemed for all purposes to have represented that none of these conditions apply to you.

1.3 Among other things, this site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within this site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail. The information posted by the site operator on this site concerning any of the various products and services available is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this site is strictly on an "as is" basis, and you must not assume that this site will be error free or that it will operate without interruption or as intended.

1.4 Plum Living reserves the right to alter, update, add to and/or revise these terms and conditions at any time and from time to time. Any such alteration, update, addition or revision will be effective immediately upon its posting to this site. You are responsible for reviewing the site periodically for any modification to these terms and conditions that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Plum Living to these Terms. Any access or use of the Plum Living site by you after revisions or additions to these Terms shall constitute and be deemed to be your agreement to such revisions or additions. No modification to these Terms by any party other than Plum Living shall be valid or enforceable against Plum Living unless expressly agreed to by Plum Living in writing.

2. CONFIDENTIALITY AND PRIVACY ISSUES

2.1 Through your accessing or usage of this site, Plum Living is able to and may in fact gather certain information about you and your web site usage. In so doing, Plum Living will comply with the Plum Living Online Privacy Policy. You may access the full text of the Privacy Policy by going to Plum Living Privacy Policy.

2.2 Unless encrypted, information sent or received over the Internet is insecure and Plum Living cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Plum Living will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to Plum Living through this Site.

3. TRADEMARKS AND COPYRIGHT

3.1 On this site, the words "we" or "our" or "Plum Living" refer to Plum Lifestyles Ltd. of Richmond, British Columbia, Canada, and all of its parent, subsidiary and affiliated companies and organizations, as they may exist from time to time. The words "we", "our" and "Plum Living" do not include independent dealers and distributors of Plum Living products and services.

3.2 "Plum Living™" and all related designs, logos, labels, and other intellectual property used or displayed in this site are the intellectual property of Plum Living and all rights in respect of these trademarks as well as all other intellectual property of Plum Living are reserved.

3.3 Everything you see or read on this site is copyrighted unless otherwise noted, and nothing from this site may be used, copied, downloaded, displayed or transmitted by you (in any way or form, or by any medium) without the prior written permission of Plum Living. Plum Living neither warrants nor represents that your use of materials displayed on or downloaded from this site will not infringe rights of third parties not owned by or affiliated with Plum Living.

3.4 Nothing contained on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark or design displayed on this site without the written permission of Plum Living or any third party that may own any such item displayed on the site. Plum Living will aggressively enforce its intellectual property rights to the fullest extent of the law, should you breach any of these terms and conditions.

3.5 If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide Plum Living with the written information specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Plum Living website, including the Plum Living item number, if applicable;
Your address, telephone number, facsimile number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

This can be emailed to copyright@plumliving.com or sent in writing to the following mailing address:

PLUM LIVING
PO Box 97150
Richmond Main Post Office
Richmond, BC
Canada V6X 8H3

4. SUBMISSIONS

4.1 Any communication or material you send or transmit to Plum Living, by electronic mail or otherwise, including any order, data, questions, comments, suggestions or the like (all of which are collectively called "Submissions"), is and will be treated as non-confidential and non-proprietary. Any Submissions you transmit or post become the property of Plum Living and its affiliates and may be used and exploited for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at Plum Living's election. By sending or transmitting any Submission to Plum Living, you will be deemed for all purposes to have assigned and transferred to Plum Living all copyright, trademark and other intellectual property rights in the Submission and to have irrevocably waived and released all moral and/or personality rights in the Submission. Plum Living is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever.

4.2 You agree to sign and deliver to Plum Living on demand all further documents and assurances that Plum Living may request in connection with the assignments, transfers, releases and waivers contemplated by that section.

5. LIMITATION OF LIABILITY AND INDEMNITY

5.1 Your use of and browsing in this site are undertaken at your own risk. Neither Plum Living, any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this site or any consequences flowing there from, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property.

5.2 Without limiting the generality of section 5.1, everything on this site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction, unless in Your Jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded or restricted to the fullest extent permitted by law in Your Jurisdiction.

5.3 You promise to indemnify and save Plum Living, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of this site or any site to which this site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this site or any site to which this site may be linked from time to time; and/or (c) your violation of any law or regulation.

6. LINKED SITES

6.1 If any other sites on the World Wide Web are linked to this site at any time, Plum Living is not responsible for the content of any such linked site or any link contained within such a linked site. Plum Living reserves the right to terminate any link or linking program at any time and the linking of any site to or through this site does not imply any endorsement by Plum Living of the companies, products or information offered, described or otherwise made available on or through such linked sites. If you decide to access any site linked through or to this site, you do so entirely at your own risk.

7. TERMINATION

7.1 These Terms are effective until terminated by Plum Living. Plum Living may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Plum Living site, and the restrictions imposed on you with respect to the content of this site, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

7.2 Plum Living shall also have the right without notice and at any time to terminate the Plum Living site or any portion thereof, or any products or services offered through the Plum Living site, or to terminate any individual's right to access or use the Plum Living site or any portion thereof.

8. COMPLIANCE WITH LAWS

8.1 You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Plum Living site and your purchase of the items on the Plum Living site.

9. PRICES; ORDERS

9.1 All prices displayed on the Plum Living site are quoted in U.S. dollars. Plum Living may restrict delivery to addresses within the United States and Canada. Plum Living will add shipping and handling fees and applicable sales/use tax. Plum Living reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Plum Living site without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the Plum Living site do not imply endorsement of that product or service, or constitute a warranty, by Plum Living.

9.2 The receipt by you of an order confirmation does not constitute Plum Living's acceptance of an order. Prior to Plum Living's acceptance of an order, verification of information may be required. Plum Living reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Plum Living, for any reason. Plum Living reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

9.3 In the event that a product or service is listed at an incorrect price due to supplier pricing information, typographical or other error, Plum Living shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Plum Living shall promptly issue a credit to your credit card account in the amount of the incorrect price.

9.4 The risk of loss and title for all products purchased by you and shipped by Plum Living pass to you upon Plum Living's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of Plum Living's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.

10. DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS AND SERVICES.

10.1 We want you to be completely satisfied with your Plum Living purchase. If for any reason you are not entirely pleased with a product you purchased on the Plum Living site, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. If any product package does not contain the manufacturer's warranty information, contact Plum Living through this site at customerservice@plumliving.com and the information will be forwarded to you. Manufacturers' warranties may vary from product to product, and are the sole warranty provided in respect of all products or services offered from time to time on this site. Under no circumstances will Plum Living be liable for any failure by a manufacturer to honour the terms of its warranty or any warranties implied or imposed by law.

10.2 ALL PRODUCTS AND SERVICES SOLD BY PLUM LIVING ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, PLUM LIVING MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, PLUM LIVING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE PLUM LIVING SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

10.3 UNDER NO CIRCUMSTANCES SHALL PLUM LIVING, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE PLUM LIVING SITE, EVEN IF PLUM LIVING IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PLUM LIVING'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

11. MISCELLANEOUS

11.1 These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Plum Living of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

11.2 Plum Living shall not be liable for any non performance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, shipping or transportation delays, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

For questions concerning your privacy and use of our website, please see our Plum Living Website Privacy Policy.