Whoopass Enterprises, LLC, owns and operates bobbleme.com, whoopassenterprises.com, bobblecircus.com, bobblepets.com, bobblegolf.com, and bobblexmas.com collectively to be known henceforth as, the "Site."
Your use of this Site and purchase of product found on this Site is subject to the following terms and conditions:
1. Agreement; Other Documents; Changes.
You Whoopass Enterprises, LLC agree that your order is an offer to purchase the products listed in your order on the terms and conditions listed below which will become a contract when accepted by Whoopass Enterprises, LLC via confirmation that specifically references your order or when Whoopass Enterprises, LLC ships to you the Products you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by Whoopass Enterprises, LLC. When you send your order to purchase Products to Whoopass Enterprises, LCC that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and Whoopass Enterprises, LLC. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement
2. Governing Law.
THE LAWS OF THE STATE OF DELAWARE WILL GOVERN THE SALE.
3. Copyright and Trademark Notice
All screens appearing on this Site including graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement, are the sole property of Whoopass Enterprises, LLC, and are protected by U.S. and international copyright laws. The content on this Site is only for the purpose of shopping on this Site or placing an order and for no other purpose. Any other use, including, modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without Whoopass Enterprises, LLC's prior written permission, is strictly prohibited. All software used on this Site is the sole property of Whoopass Enterprises, LLC or those supplying the software.
All rights not expressly granted herein are reserved.
4. Disclaimer and Limitation of Liability on Site Content
THIS SITE IS PROVIDED BY WHOOPASS ENTERPRISES, LLC ON AN "AS IS" BASIS. WHOOPASS ENTERPRISES, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WHOOPASS ENTERPRISES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHOOPASS ENTERPRISES, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHOOPASS ENTERPRISES OR THROUGH OR FROM WHOOPASS ENTERPRISES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
5. Typographical Errors
In the event a product price is listed incorrectly due to typographical error or error in pricing information received from our vendors, Whoopass Enterprises, LLC shall have the right to refuse or cancel any orders placed for 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 canceled, Whoopass Enterprises, LLC will immediately credit your credit card account in the amount of the incorrect price.
6. Site Content and Information accuracy
Whoopass Enterprises, LLC's Site contains information, advice, text, and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. Whoopass Enterprises, LLC makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products within this Site does not imply endorsement of that product.
7. Order Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Whoopass Enterprises, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. Whoopass Enterprises, LLC reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.
8. Refund Policy
Customers who pay for in-process photo proofs may cancel their order at any time pre-shipment and receive a full refund. We will also make unlimited rounds of changes to these dolls, free of charge, based on the comments you provide on photos.
Purchasers of all prodcuts may request a no questions asked replacement product if they are not satisfied with their original product for an additional charge of $25 per piece, including shipping.
9. Limitation of Liability on Products.
EXCEPT FOR PERSONAL INJURY, WHOOPASS ENTERPRISES, LLC TOTAL LIABILITY WHETHER FOR BREACH OF CONTRACT, WARRANTY, LATE DELIVERY OR NON-DELIVERY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR PRODUCT(S) SOLD WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. WHOOPASS ENTERPRISES, LLC WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Payment Terms.
Whoopass Enterprises, LLC accepts only those credit cards mentioned on the product ordering screens as the payment options for your purchase, as well as Paypal. Your credit card will be charged at the time of your order.
Any defects in material or workmanship will be promptly rectified, provided claims are made and defective parts are return shipped within 10 days of receipt of goods for our timely examination. Other than assisting with shipping damage claims (see Shipping Damage Claims below), no additional warranties, expressed or implied, are provided by Whoopass Enterprises, LLC.
12. Shipping Damage Claims.
All claims for shipping damage must be filed by the recipient with the Whoopass Enterprises, LLC within seven days, including sending digital photographs of the damaged product. All merchandise is carefully packaged for shipment, but Whoopass Enterprises, LLC will remake damaged products and ship the replacement product to the customer within the posted standard order delivery time on the website (where the new remake order is considered received on the date when the shipping damage claim has been recognized by Whoopass Enterprises, LLC)