Terms and Conditions

1. TERMS 
This document contains information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. By placing an order for products from this site (gold-graphite-goods.myshopify.com), you accept and are bound by these terms and conditions. You may not obtain products or services from this website if you do not agree to these terms or are not at least 18 years old, or are prohibited from accessing or using this website by applicable law.  
 
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through 

gold-graphite-goods.myshopify.com (the "Site") pages and accounts on Facebook®, Twitter®,Instagram®, and YouTube® (the “Sites). Please read both Terms of Use and Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. Jill Atogwe of Gold and Graphite may modify these Terms from time to time, and any modifications will be effective immediately. All changes made will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
 
2. ORDER ACCEPTANCE AND CANCELLATION.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. DELIVERY OF ANY FILES TO YOU CONSTITUTES ACCEPTANCE, AND THEREFORE, THE CREATION OF A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND GOLD AND GRAPHITE. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Jill Atogwe and you will not take place unless and until you have received your order confirmation e-mail. All partial payments agree to these terms and agree that no products will be sent until after full payment is made.
 
3. PRICING & PAYMENT TERMS
(a) All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Paypal, credit card, and Stripe for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
 
We offer NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE including but not limited to ALL e-books or other intangible, digital products. ALL SALES ARE FINAL because it is impossible to return a digital product.

YOU MAY NOT CANCEL OR VOID THESE PAYMENTS. In the event that any payment is not made, there will be a 3 day grace period between payment due date and a $50 fee being assessed and charged. If payments are delinquent beyond 45 days, balance will be immediately submitted for collections and WILL BE REQUIRED to remove any digital assets that you do not legally own.
 
(b) With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services. To obtain warranty service, you must e-mail us (jill@goldandgraphite.com) during the Warranty Period.
 
4. INTELLECTUAL PROPERTY AND OWNERSHIP
You acknowledge and agree that:
(a) Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
(b) You will not share, distribute or transfer the files to anyone in any way. 
(b) Jill Atogwe is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
 
5. PRIVACY
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
 
6. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF IOWA OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
 
7. FORCE MAJEURE
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
 
8. ENTIRE AGREEMENT. 
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

*Some links included in the e-book are affiliate links which means I earn a small commission if you make a purchase. This comes at no cost to you and simply supports my business! Thank you!