TERMS AND CONDITIONS OF SUPPLY

This page (together with the documents referred to on it) tells you the terms and conditions (Terms) on which we supply any of the products, services, membership or information (Products, Services and Information) listed on our website at www.homestagersTODAY.com (Site) to you. Please read the Terms carefully before ordering any Products, Services or Information
from the Site.

You should note that your use of the Site is also subject to our Terms of Website Use and you should understand that by using the Site or ordering any of our Products, Services or Information, you agree to be bound by these Terms and our terms of website use. You should print a copy of both sets of terms and conditions for future reference.

1 INFORMATION ABOUT US

1.1 www.homestagersTODAY.com is a Site operated by Tina Jesson Enterprises LLC. The company is registered in Indiana, USA under EIN number 26-3721319 and is registered at 1735 Cape Hatteras Court, Brownsburg, Indiana 46112.

2 ELIGIBILITY & SERVICE AVAILABILITY

2.1 Please note that you must be at least 18 years of age to order Products, Services or Information from the Site. By ordering from the Site you represent and warrant that you have the right, authority and capacity to enter into a Contract and abide by the Terms.
2.2 Our Site can be used by people around the world irrespective of country. All product and service fees are listed in US Dollars.

2.3 We are not responsible for the availability or content of any third party websites or material you access through this Site. We assume no responsibility for, and have no liability as a result of, the availability of other websites or their content and make no representation or warranty about any such websites or their content. We are not responsible for the privacy practices or terms and conditions of any website other than the Site.

3 YOUR STATUS

3.1 By placing an order through the Site, you warrant that:

3.1.1 you are legally capable of entering into binding contracts;

3.1.2 you are at least 18 years old;

4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order you will receive an e-mail from Tina Jesson Enterprises LLC acknowledging that we have received your order/application. Please note that this does not mean that your order/application has been accepted. Your order constitutes an offer to Tina Jesson Enterprises LLC to buy Products, Services or Information. All orders are subject to acceptance by Tina Jesson Enterprises LLC, and we will confirm such acceptance to you by sending you an e-mail that confirms that Products, Services or Information has been despatched (Dispatch Confirmation), access to or use by you has been authorised (Authorisation email) and Information is available for access or download (Confirmation email). The contract between you and Tina Jesson Enterprises LLC (Contract) will only be formed when we send you the Dispatch Confirmation, or  Confirmation email.

4.2 The Contract will relate only to those Products, Services and Information for which confirmation has been given in the appropriate
Dispatch Confirmation, Authorisation and/or Confirmation emails. We will not be obliged to supply any other Products, Services and Information which may have been part of your order until the dispatch of such Products, Services, Membership and Information has been confirmed in a separate Dispatch Confirmation, Authorisation and/or Confirmation emails as appropriate.

5 OUR STATUS

5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

5.2 We may also provide links on the Site to the websites of other companies, whether affiliated with Tina Jesson Enterprises LC or not. We cannot give any undertaking, that items or services you purchase from third party sellers through the Site, or from companies to whose website we have provided a link on the Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by Tina Jesson Enterprises LLC absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6 CONSUMER RIGHTS

6.1 If you are contracting as a consumer, you may cancel a Contract relating to Products  at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy.

6.2 To cancel a Contract, you must inform Tina Jesson Enterprises LLC in writing and return the Products  immediately, in the same condition in which you received them and at your own cost and risk. 

6.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

6.4 If you are contracting as a consumer, you may cancel a Contract relating to Services or Information at any time prior to the first use or access by you to or of the Services and/or Information. If you use the Services or the Information (whether by download or otherwise) you will no longer have a right to cancel the Contract for the supply of those Services and/or Information.

6.5 To cancel a Contract for Services or Information, where you are entitled to do so, you must inform us in writing BEFORE you use the Services or access the Information. In this case, you will receive a full refund of the price paid for the Services and/or Information in accordance with our Refunds Policy. This provision does not affect your statutory rights.

7 AVAILABILITY & DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Unless there are exceptional circumstances, Services Information Services and/or Information will be available to you immediately following Despatch Confirmation by email.

8 RISK & TITLE

The Products will be at your risk from the time of delivery. Ownership of the Products, Services or Information will only pass to you when we receive full payment of all sums due in respect of the Products, Services and Information, including delivery charges where relevant.

9 PRICE & PAYMENT

9.1 The price of any Product, Service or Information will be as quoted on the Site from time to time, except in cases of obvious error.

9.2 These prices exclude TAX and delivery costs, which will be added to the total amount due. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation, Authorisation and/or Confirmation email.

9.3 Our site contains a large number of Products, Services, and Information and it is always possible that, despite our best efforts, some of the Products, Services, and Information listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Products, Services or Information s correct price is less than our stated price, we will charge the lower amount when dispatching the Products, Services, or Information to you. If a Product, Service, or Information s correct price is higher than the price stated on the Site we will normally, at our discretion, either contact you for instructions before dispatching the Product, Service, or Information, or reject your order and notify you of such rejection. 

9.4 We are under no obligation to provide the Products, Services, Membership or Information to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, Authorisation email and/or Confirmation email, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing.

9.5 Payment for all Products, Services, and Information must be by credit or debit card or via Paypal. We accept payment with list of credit and debit cards.  Payment for Membership must be made on receipt of invoice and it will not begin until payment has been received. 

10 OUR REFUND POLICY

10.1 When you return a Product (for instance, because you have cancelled a Contract between you and Tina Jesson Enterprises LLC, or have notified Tina Jesson Enterprises LLC in accordance with paragraph 16.12 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from
you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation, or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.

10.2 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to Tina Jesson Enterprises LLC

10.3 Products returned by you within the seven-day cooling-off period (see 6.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to Tina Jesson Enterprises LLC

11 OUR LIABILITY

11.1 We warrant to you that any Product, Service or Information purchased from Tina Jesson Enterprises LLC through the Site is of satisfactory quality.

11.2 Our liability in connection with any Product, Service Membership and/or Information purchased through the Site is strictly limited to the purchase price of that Product, Service, Membership and/or Information.

11.3 This does not include or limit in any way our liability:

11.3.1 for death or personal injury caused by our negligence;

11.3.2 for fraud or fraudulent misrepresentation; or

11.3.3 for any matter for which it would be illegal for Tina Jesson Enterprises LLC to exclude, or attempt to exclude, our liability.

11.4 Tina Jesson Enterprises LLC accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11.5 Where you buy any Products, Services or Information from a third party seller through the Site, the seller's individual liability will be set out in the seller's terms and conditions.

12 IMPORT DUTY

12.1 If you order physical Products from the Site for delivery outside the USA, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

13 WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with Tina Jesson Enterprises LLC will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14 NOTICES

All notices given by you to Tina Jesson Enterprises LLC must be given to Tina Jesson Enterprises LLC at 1735 Cape Hatteras Court, Brownsburg, Indiana 46112 or via editor@homestagerstoday.com.  We may give notice to you at either the e-mail or postal address you provide to Tina Jesson Enterprises LLC when placing an order, or in any of the ways specified in section 13 of the Terms. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15 TRANSFER OF RIGHTS & OBLIGATIONS

The contract between you and Tina Jesson Enterprises LLC is binding on you and Tina Jesson Enterprises LLC and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16 GENERAL

Events outside our control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) (a) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) acts, decrees, legislation, regulations or restrictions of any government.

16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

16.4 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.5 A waiver by Tina Jesson Enterprises LLC of any default shall not constitute a waiver of any subsequent default.

16.6 No waiver by Tina Jesson Enterprises LLC of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.

Severability

16.7 If any of these Terms or any provisions of a Contract are determined, by any competent authority in any state or country in which these Terms are intended to be effective, to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law in that state or country.

Entire Agreement

16.8 These terms and conditions and any document expressly referred to in them represent the entire agreement between Tina Jesson Enterprises LLC in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Tina Jesson Enterprises LLC, whether oral or in writing.

16.9 We each acknowledge that, in entering into a Contract, neither of Tina Jesson Enterprises LLC has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Tina Jesson Enterprises LLC prior to such Contract except as expressly stated in these terms and conditions.

16.10 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

Variation of the Terms

16.11 We have the right, at our discretion, to revise and amend these Terms or to make changes to any part of the Site from time to time

16.12 You will be subject to the policies and terms and conditions in force at the time that you order Products, Services and/or Information from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation, Authorisation and/or Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).

17 LAW & JURISDICTION

Contracts for the purchase of Products, Services or Information through the Site and these Terms will be governed by the laws of The State of Indiana USA. Any dispute arising from, or related to, such Contracts or the Terms shall be subject to the non-exclusive jurisdiction of the courts of The State of Indiana.

The pages of the Site are subject to copyright - Tina Jesson Enterprises LLC 2009
Updated Sept 2009

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