Terms and Conditions

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOU TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

1. Restrictions on Use

All pages within this Website and any material made available for download (collectively the “Site”) are the property of Hey Joanie and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Hey Joanie. The site for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Hey Joanie.

2. Trademark Notice

The logos, trademarks, and service marks of Hey Joanie. All other trademarks, service marks, and logos used on this Site are the trademarks, service marks or logos of their respective owners.

3. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

HEY JOANIE, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Hey Joanie attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform [name of Web site owner] so that it can be corrected. The information contained on the Site may be changed or updated without notice.

4. Confidential and Proprietary Information

Hey Joanie does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Hey Joanie through the Site will be deemed NOT to be confidential. By sending Hey Joanie any information or material, you grant Hey Joanie an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Hey Joanie is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

5. Registration

To use some of the services or features made available to you on this Site you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customerservice@heyjoanie.com. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify Hey Joanie immediately of any breach of security or unauthorized use of your account.

6. Eligibility To Purchase

The purchase of merchandise through the Hey Joanie is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Delaware. In order to make purchases on the Site, you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where Hey Joanie feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

7. Orders

All orders are subject to acceptance and availability, and Items in your shopping cart are not reserved and may be purchased by other customers. Hey Joanie offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our designer suppliers. Consequently, you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to Hey Joanie. Hey Joanie will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at Hey Joanie. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances, we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

Hey Joanie will store a record of your transactions for a minimum of one year.

8. Pricing Policy

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, local sales tax will be charged on all orders (where applicable).

From time to time, prices are subject to change in response to currency exchange rate changes, markdowns, and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

Tier Promotion Return Policy:

In the event that you make a purchase during a promotion where the total discount you received is dependent on the grand total cost of the order (Buy More, Save More Sale) and you wish to return an item(s), then the discount you qualified for is subjected to change to a lower discount as dictated by the promotion.

Refund will then be recalculated accordingly to reflect promotional terms.

Promo Code Policy:

Promotional or discount codes are limited to one per order and cannot be combined with other discount codes. Promo codes cannot be applied to past orders.

9. Acceptance of Order

Once you place an order, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, your order will be accepted upon completion of the packing of your order. The contract between you and Hey Joanie will be deemed completed when the goods are dispatched to you at which time you will receive a second email containing your tracking number, and confirming that your order has been shipped. The sale contract is therefore concluded in the State of California, USA, and the language of the contract is English.

Hey Joanie reserves the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, or that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.

Furthermore, Hey Joanie reserves right not to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. Hey Joanie will not be liable to you or any third party by reason of withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on this SITE are accurate, Hey Joanie may from time to time discover an error in the pricing of products. If Hey Joanie discovers an error in the pricing of a product in your order, we will let you know as soon as possible. Hey Joanie shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, Hey Joanie will email or telephone you to inform you that your order is not accepted and/or that the relevant part of your order has been canceled. If you have already paid for the goods, Hey Joanie shall refund the full amount as soon as possible. In the event that products are recalled in transit, Hey Joanie will process your refund once the products have been returned to us.

10. Payment

Payment can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to Hey Joanie. Payment will be debited and cleared from your account upon completion of the packing of your order by Hey Joanie. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

If the issuer of your credit/debit card refuses to authorize payment to Hey Joanie, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.

11. Links or Pointers to Other Sites

Hey Joanie makes no representations whatsoever about any other website that you may access through this Site. When you access a non- Hey Joanie Website, please understand that it is independent of Hey Joanie and that Hey Joanie has no control over the content on that Website. In addition, a hyperlink to a non- Hey Joanie Website does not mean that Hey Joanie endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

12. Choice of Law and Venue

These Terms and Conditions are entered into in the State of Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the State of Delaware and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

13. Entire Agreement

These Terms and Conditions constitute the entire agreement between Hey Joanie and you pertaining to the subject matter of this Agreement. In its sole discretion, Hey Joanie may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

14. No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to Hey Joanie that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.