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Terms & Conditions

This website is operated by Three Merry Frogs.  Throughout the site, the terms “we”, “us” and “our” refer to Three Merry Frogs.  Three Merry Frogs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”).  These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.  If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current site shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least 18 years old, if below that age, you must have the permission of your parent or guardian to use the website, and your parent or guardian must have read and understood these Terms and agree to be bound by them on your behalf.  You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Specifications and Pricing

All features, content, specifications, products and prices of products and services described or depicted on www.threemerryfrogs.com (this “Website”), are subject to change at any time without notice.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.  We make all reasonable efforts to accurately display the attributes of our products.  The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Accuracy of Information

We attempt to ensure that information on this Website is complete, accurate and current.  Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date, or contain typographical errors, or omissions, that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We make no representation as to the completeness, accuracy or correctness of any information on this Website.  For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.  Certain products or services may be available exclusively online through the website.  These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  We have made every effort to display as accurately as possible the colours and images of our products that appear at the store.  We cannot guarantee that your computer monitor’s display of any colour will be accurate.  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.  In addition, we may make changes in information about price and availability without notice.  While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.  We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.  We also may require verification of information prior to the acceptance and/or shipment of any order.  We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Use of this Website

The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material.  You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose.  Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.  We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms of Service.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Three Merry Frogs or its affiliates.  Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners.  Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Three Merry Frogs or such other owner.

Linking to this Website

Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited.  Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited.  Any permitted links to this Website must comply will all applicable laws, rule and regulations.

Third Party Links

From time to time, this Website may contain links to Websites that are not owned, operated or controlled by Three Merry Frogs or its affiliates.  All such links are provided solely as a convenience to you.  If you use these links, you will leave this Website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Website.  Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Payment

Prices which appear on our Website are inclusive of VAT unless otherwise stated, but exclude delivery charges.  Delivery charges applicable to your order will be calculated and displayed on screen prior to your payment details being taken.  We accept most major credit cards and Paypal.  By paying using your credit or debit card, or Paypal, you confirm that the card or Paypal account is yours and that there are sufficient funds or credit available to cover the charges.  Billing to your credit or debit card or Paypal account will take place prior to or at the time of dispatch.

Shipping

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website.  All purchases from this Website are made pursuant to a shipment contract.  As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier.  You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Delivery

Your order will be fulfilled by the delivery date set out in the confirmation email sent to you or, if no date is specified, then within 30 days of the confirmation email.  Products purchased by you will belong to you as soon as we have received full payment for them and will be your responsibility from the time of delivery to you or a person nominated by you to receive them on your behalf.

Personal Information

Your submission of personal information through the Website is governed by our Privacy Policy. [You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.]

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.  Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Privacy Policy

These Terms and Conditions should be read in conjunction with our Privacy Policy, which can be found on our Website.  Your submission of personal information through the store is governed by our Privacy Policy.

Other Important Terms

Even if we delay in enforcing this contract, we can still enforce it later.  For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

If a court finds part of these Terms of Service illegal, that part will be removed and the rest will continue in force.

Contacting Us

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at help@threemerryfrogs.com.