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These Terms and other applicable conditions and notices contained herein govern your use of the T.W.I.G. Enterprises, Inc. services and website. Your use of a particular T.W.I.G. Enterprises, Inc. website included within the T.W.I.G. Enterprises, Inc. area may also be subject to additional terms outlined elsewhere on those sites. By using, visiting, or browsing the T.W.I.G. Enterprises, Inc. website(s), you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the T.W.I.G. Enterprises, Inc. services or website. Please note, return shipments sent to the address above will be refused. Please contact our customer support team for instructions before returning products.
These Terms of Use are an ongoing contract between you and T.W.I.G. Enterprises, Inc. and apply to your use of the T.W.I.G. Enterprises, Inc. services and website. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
T.W.I.G. Enterprises, Inc. reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the links that direct you to the Terms on the T.W.I.G. Enterprises, Inc. website. The most current version of the Terms will supersede all previous versions. Your use of the T.W.I.G. Enterprises, Inc. website or continued use of our website after changes are made means that you agree to be bound by such changes.
Fees and Cancellations
You agree to our additional Fees and Cancellations policy as indicated.
You agree to our Privacy Policy Agreement. Any information submitted on the T.W.I.G. Enterprises, Inc. website is subject to our Privacy Policy Agreement. Please review this policy to understand our practices.
Prices
We reserve the right to change prices at any time. Due to possible information misrepresentations, we may correct typographical and printing errors related to prices at any time. Shoppers should be aware that product prices can and do fluctuate as a result of a supplier changing their wholesale pricing. T.W.I.G. Enterprises, Inc. has no control over any supplier's pricing, shipping and handling charge policies and therefore cannot guarantee any item will remain at any particular price for any period of time.
Billing
By using the T.W.I.G. Enterprises, Inc. website, you are expressly agreeing that we are permitted to bill you for your purchase fees, any applicable tax and any other charges you may incur in connection with your use of the T.W.I.G. Enterprises, Inc. website. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by electronic mail or to your cart mailing address. If T.W.I.G. Enterprises, Inc. attempts to bill your Payment Method and does so unsuccessfully, you grant T.W.I.G. Enterprises, Inc. the right to attempt to process and bill your Payment Method for up to 180 days as well as bill your Payment Method for any unsuccessful accruing billings during such time.
Cancellation
You may cancel your purchase to T.W.I.G. Enterprises, Inc. at any time during regular business hours, and cancellation will be effective immediately. To cancel, please call 888-776-0985 - T.W.I.G. ENTERPRISES, INC. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY CANCELLATIONS.
Electronic Communications
By using the T.W.I.G. Enterprises, Inc. website, you consent to receiving electronic, phone, and mail communications from T.W.I.G. Enterprises, Inc. These communications will include notices about your cart (e.g., shipping and receiving e-mails) and information concerning or related to our stores. These communications are part of your relationship with T.W.I.G. Enterprises, Inc. and you are entitled to receive them as part of the T.W.I.G. Enterprises, Inc. Customer Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Website Testing
From time to time, we test various aspects of our website, and we reserve the right to include you in these tests without notice.
Use of Information Submitted
T.W.I.G. Enterprises, Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to T.W.I.G. Enterprises, Inc., including, without limitation, responses to questionnaires or through postings to the T.W.I.G. Enterprises, Inc. website without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and purchasing products and creating, modifying or improving the T.W.I.G. Enterprises, Inc. website or other websites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
Intellectual Property
Copyright
All content included on the T.W.I.G. Enterprises, Inc. website and delivered to customers as part of our services, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of T.W.I.G. Enterprises, Inc., or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of T.W.I.G. Enterprises, Inc., and protected by
Trademarks
T.W.I.G. Enterprises, Inc. is a registered trademark of T.W.I.G. ENTERPRISES, INC., TWIGenterprisesinc.com, and other marks indicated on our site are trademarks of T.W.I.G. Enterprises, Inc. All T.W.I.G. Enterprises, Inc. graphics, logos, page headers, button icons, scripts and websites names are trademarks or trade dress of T.W.I.G. Enterprises, Inc. T.W.I.G. Enterprises, Inc.'s trademarks and trade dress may not be used in connection with any product or websites that is not T.W.I.G. Enterprises, Inc.'s, in any manner that is likely to cause confusion among customers, in any manner that dilutes T.W.I.G. Enterprises, Inc.'s rights, or in any manner that disparages or discredits T.W.I.G. Enterprises, Inc. All other trademarks not owned by T.W.I.G. Enterprises, Inc. that appear on the T.W.I.G. Enterprises, Inc. website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by T.W.I.G. Enterprises, Inc.. Any images of persons or personalities contained on the T.W.I.G. Enterprises, Inc. website shall not be an indication of endorsement of any particular product or our websites unless otherwise specifically indicated.
Cart Access & Identity Protection
In order to provide you with ease of access to your cart, T.W.I.G. Enterprises, Inc. will place a cookie (a small text file) on any computer from which you access the T.W.I.G. Enterprises, Inc. website. When you revisit the T.W.I.G. Enterprises, Inc. website, this cookie will enable us to recognize you as a previous user or as the cart holder and provide you with direct access to your cart without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your cart.
You are also responsible for maintaining the confidentiality of your cart and password and for restricting access to your computer. You may not share your cart with other people by providing them your password. However, if you decide to share your cart with other people, you take full responsibility for their actions and liabilities. Users of public or shared computers should log out at the completion of each visit to the T.W.I.G. Enterprises, Inc. website.
If you find that you're a victim of identity theft and it involves a T.W.I.G. Enterprises, Inc. cart, you should notify customer websites. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. T.W.I.G. Enterprises, Inc. reserves the right to place any cart on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. T.W.I.G. Enterprises, Inc. is not obligated to credit or discount a customer for holds placed on the cart by either a representative of T.W.I.G. Enterprises, Inc. or by the automated processes of T.W.I.G. Enterprises, Inc.
Payment obligations
The Shopper understands that a valid form of payment must accompany all orders.
Warranty
All warranties for products purchased through T.W.I.G. Enterprises, Inc. are the responsibility of the respective manufacturers and their agents. All issues, claims and questions concerning product warranties should be submitted directly to the T.W.I.G. Enterprises, Inc.. In the event that the product is a health related device or nutritional supplement, all information contained on the website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. The information on the T.W.I.G. Enterprises, Inc. website, or information provided by the manufacturers of the products, or information on product packaging or labels is not meant to be a substitute for the advice of a physician or other medical professional and should not be used for prescribing a medication or diagnosing a health problem. Statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Copyrights
T.W.I.G. Enterprises, Inc. and its supplier and distribution partners reserve ownership and copyright to all materials published by T.W.I.G. Enterprises, Inc. Reproductions and alterations of individual product images and descriptions are strictly prohibited. You must receive written consent from T.W.I.G. Enterprises, Inc. for any other use or any modification of product images and other copyrighted materials. T.W.I.G. Enterprises, Inc. allows its customers to view the products we have from our suppliers.
Products
T.W.I.G. Enterprises, Inc. diligently strives to provide as accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, T.W.I.G. Enterprises, Inc. makes no warranty expressed or implied with respect to accuracy of the information, including price, product descriptions or product specifications. Both the product and manufacturer names are used only for the purpose of identification. Shoppers are responsible for making sure the product information is correct prior to buying any products from this site with the product's respective Manufacturers.
Data Export
T.W.I.G. Enterprises, Inc. diligently strives to provide as accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, T.W.I.G. Enterprises, Inc. makes no warranty expressed or implied with respect to accuracy of the information, including price, product descriptions or product specifications. In addition, due to size, volume of requests and resource constraints; Data Exports, at times, may be delayed or contain data older then what is displayed on the website.
Viewing
Manufacturer may require strict adherence and how their intellectual property is advertised. As such it is the viewer's responsibility to verify with the manufacturer, any product information, images and descriptions prior to purchasing any and all products. Product images are subject to change at anytime and are not to be construed as exact representations of any products ordered since the manufacturers can change their products at any time without any notice.
Shoppers are not allowed to repackage, reproduce, or otherwise view T.W.I.G. Enterprises, Inc. technology, and/or data without express written consent from T.W.I.G. Enterprises, Inc. Also, bulk downloading or "screenscraping" of data from the T.W.I.G. Enterprises, Inc. website or subsidiary websites is prohibited without prior express written permission. Violation will result in the cart being canceled and depending on the severity of the violation, we reserve the right to press criminal charges and/or seek civil compensation for damages, expenses, and revenues lost.
Contacting T.W.I.G. Enterprises, Inc.
T.W.I.G. Enterprises, Inc. provides access to information about suppliers including but not limited to, trade name, brand(s), and product specifications, pricing and availability. T.W.I.G. Enterprises, Inc.'s agreement with the supplier may restrict T.W.I.G. Enterprises, Inc. customers from contacting the supplier directly. At T.W.I.G. Enterprises, Inc.'s sole discretion, your cart may be canceled, without refund, if the customer attempts to contact and establish a direct relationship with T.W.I.G. Enterprises, Inc.'s suppliers. T.W.I.G. Enterprises, Inc. will make every attempt, within reason, to accommodate a Shopper’s request for additional products, pricing, or services for a supplier on behalf of the Shopper.
Shipping and handling
T.W.I.G. Enterprises, Inc. and its distributors/suppliers reserve the right to restrict shipments to within the Continental U.S.,
Shipping and handling charges
You are responsible to pay the shipping and handling charges for all products purchased from T.W.I.G. Enterprises, Inc. You are responsible for these charges for shipments that are refused or returned for any reason. We are not responsible for incidental or consequential damages or losses to defective products, errors in shipping your order, or other errors. The limit of our liability is the replacement cost of any item you purchase from us. ANY ODD SIZED OR EXCESSIVE WEIGHTED ITEMS MAY REQUIRE A CUSTOM SHIPPING COST CALCULATION FROM T.W.I.G. ENTERPRISES, INC. ON THESE OCCASIONS, THE ORDERS WILL NOT SHIP UNTIL YOU HAVE APPROVED THE CUSTOM SHIPPING COST. Depending on information provided by the supplier, T.W.I.G. Enterprises, Inc. may publish the shipping weights of items. The publication or absence of, shipping weights can not be used to determine ship cost and/or your financial obligation. The 'Ship Cost' provided on every product page and in the shopping cart should solely be used for determining the ship cost.
Order placement
T.W.I.G. Enterprises, Inc. is not responsible for loss, or damages as a result of misplaced, mis-ordered or other typographical errors that occur during order placement. The Shoppers has sole responsibility for verifying the accuracy of the order, including actual item, pricing, shipping, and/or handling, prior to order submission. Order placement means (single, batch or API) does not change the customer’s responsibility and subsequent financial responsibility.
Order changes
Once an order is placed, it cannot be changed in any way. However, under certain circumstances, orders can be canceled and/or modified. If the Shopper contacts T.W.I.G. Enterprises, Inc.'s customer service department at 888-776-0985 Option #2 or by using the online form as soon as possible with a change request, it may be occasionally possible to amend the order. T.W.I.G. Enterprises, Inc. is not responsible for any loss, or damages that are a result of a change request occurring after the order has been placed.
Order Returns
All Sales are final. All items are shipped fully insured and have full Manufacture's warranty when available. Your satisfaction is our primary concern; please let us know if there are any problems with your item(s). E-mail us at: returns@twigenterprisesinc.com
Taxes
As a customer of T.W.I.G. Enterprises, Inc., you understand that you are absolutely independent entity from T.W.I.G. Enterprises, Inc. You are responsible to pay taxes to state, federal or local authorities in accordance with any and all applicable laws. This tax responsibility includes collecting and remitting all appropriate sales taxes to state and local authorities.
Age
The visitor/shopper, by agreeing to the purchase, hereby represents that they are of the legal age of the state in which they reside.
Products Sales & Venue Disclaimer
Although all the suppliers T.W.I.G. Enterprises, Inc. works with are authorized distributors of the products they sell, and T.W.I.G. Enterprises, Inc. is authorized to act as a venue to supply said products, this does indicate that all items are suitable for resale under any particular circumstance or venue. T.W.I.G. Enterprises, Inc. acts only as a venue to provide access to retail customers.
It is also the Customer's responsibility as a businessperson to ascertain the legal implications of purchasing items that may be prohibited, by law or otherwise, in certain regions or venues.
For anyone who plans to sell items through online auctions, it is recommended that you review the terms and conditions of the online auction, as well as check to be sure any product you hope to sell is not prohibited by the online auction. eBay sellers can review eBay’s list of prohibited and otherwise restricted items at the following pages:
Please note, some items which are prohibited are not necessarily against the law to sell, but are simply items that eBay has decided to prohibit based on their own decision. T.W.I.G. Enterprises, Inc. has no control over what is and isn't legal in any venue or region and is not responsible for the sale of any product through our websites.
Legal recourse
Your and T.W.I.G. Enterprises, Inc. agree that the laws of the State of New York and Suffolk County shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and T.W.I.G. Enterprises, Inc. relating in any want to the T.W.I.G. Enterprises, Inc. websites or these Terms. You and T.W.I.G. Enterprises, Inc. expressly and irrevocably consent to personal jurisdiction and venue in these courts. The non-prevailing party shall pay all attorney's fees and court costs.
Limitations on use
You must be 18 years of age or older to subscribe to the T.W.I.G. Enterprises, Inc. websites. While individuals under the age of 18 may utilize the websites, they may do so only with the involvement of a parent or legal guardian. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the T.W.I.G. Enterprises, Inc. website without our express written consent. Any unauthorized use of the T.W.I.G. Enterprises, Inc. website or its contents will result in legal action.
Confidentiality
Viewer understands that all information provided by T.W.I.G. Enterprises, Inc. is confidential and proprietary to T.W.I.G. Enterprises, Inc. and must be used by viewer according to the terms of this agreement. Viewer agrees to not provide any confidential or proprietary information received from T.W.I.G. Enterprises, Inc. to any business entity that may compete with T.W.I.G. Enterprises, Inc. Any violation of confidentiality is grounds for immediate legal action.
Amendments
T.W.I.G. Enterprises, Inc. reserves the right to make amendments to this agreement at any time. Amendments may be the result of changes in economic, legal, or other factors that affect the business of T.W.I.G. Enterprises, Inc.
Product Export
Due to the nature of the product export no refunds will be granted from T.W.I.G. Enterprises, Inc.
Payment
It is the Shopper's responsibility to obtain payment or assurance of payment from their individual customers before ordering with T.W.I.G. Enterprises, Inc. T.W.I.G. Enterprises, Inc. strongly recommends providing proper address verification systems (AVS) for credit card purchases and making sure all checks are submitted and cleared before shipping of the order with T.W.I.G. Enterprises, Inc. Orders placed with T.W.I.G. Enterprises, Inc. are very difficult to cancel, and are subject to any restocking fees. All payment shall be made via credit card payment, U.S. Verified Pay Pal payment, or wire transfer for product orders. T.W.I.G. Enterprises, Inc. reserves the right to restrict payment to wire transfer for orders over $2,000 U.S. dollars or any other order deemed to have high fraud risk. All payments shall be made via major credit cards backed by
Severability
If one or more of the provisions of the policies and procedures in this user agreement are deemed void by law in a court of competent jurisdiction, the balance of the policies and procedures' remaining provisions, or any provision in the T.W.I.G. Enterprises, Inc. manual, shall continue in full force and effect.
Website information
While www.TWIGenterprisesinc.com(hereafter the "Website") and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms and Conditions, the Shopper is responsible for reading and understanding all information contained on the Website. T.W.I.G. Enterprises, Inc. is not responsible for any inconvenience, loss of profit, or other complication that the Shopper, his or her business, or his or her customers may experience as a result of the Shopper's failure to read and understand all information on the Website. Furthermore, it is the responsibility of the Shopper to contact and question T.W.I.G. Enterprises, Inc.'s customer website representatives regarding any portion of the Website that they have read but do not understand. The Shopper, for example, is responsible for all information contained in the following pages of the website as well as all information that is accessible by following links found on the following pages:
In addition to all information contained on the Website, the Shopper is cartable for any and all new information added to the Website at any time in the future. Such information is often, but not always, referenced in the Help Desk (Customers only).
Last updated on January 27, 2008.