TERMS AND CONDITIONS
Terms of Sale
The sale of all A Touch of Love products and services are final.
This sale is subject to the terms and conditions stated herein, on the face of the packing slip, and in all other documents accompanying the purchased product(s) (the "Terms of Sale") which are in lieu of and replace any and all terms and conditions set forth in any documents issued by the customer, including, without limitation, any purchase orders and any specifications. In case of conflict between the terms and conditions stated herein and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENTS ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY SELLER, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HERE UNDER AND SHALL NOT BE BINDING IN ANY WAY ON SELLER. No waiver or amendment to these terms and conditions shall be binding on Seller unless made in a writing expressly stating that it is such a waiver or amendment and signed by Seller.
"Romance Baskets" shall mean such items provided by Seller in display-ready condition; "Product" or "Product(s)" shall mean any content items, including documentation, sold to the customer. "Seller" shall mean the Seller of the Product(s).
All Product orders placed by customer with Seller are subject to acceptance by Seller.
A Touch of Love gladly accepts the following credit cards through EventBrite.com, PayPal.com, and, 5/3 Merchant Banking Services and SquareCash: American Express Card, Discover Card, MasterCard, VISA and debit cards. We do not add any surcharges to your credit card.
Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide Seller with an appropriate tax exemption certificate.
Title to Products passes from Seller to customer upon shipment from Seller's facility.
Returns, Prepayment of Shipping Fees, and Failure to Comply with A TOUCH OF LOVE Return Policy or Procedure
Product(s) purchased from A Touch of Love may not be returned in accordance with A Touch of Love’s NO Return Policy. All shipping charges and costs incurred in purchasing Product(s) from A Touch of Love, including insurance, duties or other fees must be prepaid by customer, AND ARE NOT REFUNDABLE BY A TOUCH OF LOVE. Customer shall assume all risk of loss or damage to Product(s) while in transit from Seller. UNDER NO CIRCUMSTANCES SHALL SELLER REFUND SHIPPING CHARGES TO THE CUSTOMER.
Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault of Seller. Quantities are subject to availability. In the event of production difficulties or Product shortages, Seller may allocate sales and deliveries at its sole discretion.
Exclusion of Implied Warranties and Limitation of Liability
SELLER MAKES NO WARRANTY THAT THE GOODS SOLD HEREUNDER SHALL BE MERCHANTABLE OR THAT SUCH GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. IT IS UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND ADDITIONAL EXPENSES, RESULTING FROM SELLER'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF SELLER, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Substitutions and Modifications
Seller reserves the right to substitute or change materials, Product specifications, or functional attributes at any time without notice. Seller also reserves the right to ship Product in multiple boxes and/or shipments.
United States Government License Rights
United States Government license rights in the Product(s) are limited to those mandatory rights identified in DFARS 252.227-7015 (b).
Governing Law, Jurisdiction and Costs
This agreement is governed by the laws of the State of Ohio, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that Ohio is an appropriate place for venue of any litigation and that Ohio courts have jurisdiction over this agreement and customer. In the event the customer and Seller are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.
Customer may not assign its rights or obligations hereunder without the express prior written consent of Seller.
The Terms of Sale constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
Receipt of order confirmation does not signify our acceptance of an order, nor does it constitute confirmation of our offer to sell. We reserve the right, at any time and without prior notice, to cancel or limit the quantity of product available for any item. Unless otherwise specified, manufacturer mail-in rebates are limited to one (1) per name, per family and/or per address.
Payment Methods Accepted
A TOUCH OF LOVE payment are processed through PayPal, EventBrite, 5/3 Merchant Services, and SquareCash.
Copyrights & Trademarks
©2017 A Touch of Love, LLC.
All materials appearing anywhere on A Touch of Love’s Internet site ("Site") are protected by worldwide copyright laws, trademark laws and treaty provisions. A Touch of Love® is a registered trademark owned by A Touch of Love, LLC. The copyrights respecting the materials appearing on this Site are held by A Touch of Love.
PrioritizingLove.com, Rendezvous Cards, and Personalized Ambiance Enhancement, are all trademarks or registered trademarks of A Touch of Love, LLC. The trademarks, service marks, logos and graphics (collectively, the "Trademarks") appearing on this Site are registered and unregistered Trademarks of A Touch of Love, LLC. and others, all rights reserved, and are subject to copyright and/or other intellectual property rights or licenses held by A Touch of Love, LLC., one of its affiliates, or by third parties who have licensed their materials to A Touch of Love, LLC. No license or right is granted by implication or any other means to use any Trademark or any other proprietary intellectual property appearing on this Site.
None of the materials may be copied, reproduced, modified, published, uploaded, downloaded, republished, displayed, distributed, or transmitted in any form or by any means, including, without limitation, by means of electronic, mechanical, photocopying, recording, or other means (whether now known or later developed), without the prior written permission of A Touch of Love, LLC. or the trademark or copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only - provided that you do not modify the materials and that you respect and retain all copyright, trademark, and other proprietary notices contained in the materials.
The entire content of the Atouchoflove4u.com website is copyrighted and registered as a collective work under U.S. copyright laws, and A Touch of Love, LLC. owns a copyright in the selection, coordination, arrangement and enhancement of the content.
All rights not expressly granted herein are reserved. Permissions terminate automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Copyright Infringement Policy for A Touch of Love's Website
Users of this website are required to honor the protection given to data copyright laws. A Touch of Love, LLC. will, in appropriate circumstances and at its sole discretion, terminate use of this Site by any visitors who infringe on the intellectual property rights of others. If you believe that your work has been reproduced on this Site and that it constitutes copyright infringement, please provide written notice to A Touch of Love, LLC.'s designated agent in accordance with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. Section 512. A Touch of Love, LLC.'s designated agent is provided below.
A notice of claimed copyright infringement by a "complaining party" must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is already infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. In other words, please provide us with a description of the copyrighted work or other intellectual property that you claim has been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit A Touch of Love, LLC to locate the material. In other words, you must provide a description of where the material that you claim is infringing is located on the Site.
- Information reasonably sufficient to permit A Touch of Love, LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. In other words, if you believe that your work has been copied in a way that violates your rights, please provide us with your name, address, telephone number, and e-mail address.
- A statement that the complaining party has a good faith belief that use of the matter complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We need a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner (or authorized to act on the intellectual property owner's behalf).
A Touch of Love LLC's designated agent for notice of claims of copyright infringement can be reached as follows:
John W. Waddy Jr.
Attorney at Law
111 Hamilton Avenue
Columbus, OH 43205
By phone: (614) 463-9518
By fax: (614) 461-1299
By email: firstname.lastname@example.org
By participating in an A Touch of Love Romantic Rendezvous ™, you acknowledge that you have read, understood, and agree to be bound by the Terms of Participation. Please review the Terms of Participation and if you do not agree to the terms, do not participate, reserve, or request any of the products or services of A Touch of Love, LLC. We may revise the following Terms of Participation at any time without notice to you. Any revision or modification of the Terms of Participation will be effective immediately upon posting of the revision or modification. By using this site, its products or services you are agreeing to be bound by the then current version of these Terms of Participation. A Touch of Love, LLC requires that all clients be 18 years of age or older. requesting alcohol be 21 years of age or older A Touch of Love, LLC is not responsible for actions and/or activities taking place between/among participants. A Touch of Love, LLC is not responsible for loss, damages, or theft to client property A Touch of Love, LLC is not responsible for allergic reactions to bathing/massage products, candles, food, beverages, floral arrangements, or any other product relating to our services A Touch of Love, LLC is not responsible for unattended candles A Touch of Love, LLC is not responsible or liable for non-attendance of invited persons A Touch of Love, LLC reserves the right to use photographs of rendezvous packages for marketing and advertising purposes A Touch of Love, LLC clients are responsible for all damages to any and/or all locations associated with our services A Touch of Love, LLC clients are responsible for returning or reimbursing all non-consumable merchandise belonging to A Touch of Love, LLC in the condition it was rendered A Touch of Love, LLC reserves the right of refusal A Touch of Love, LLC clients placing reservations under 14 days are subject to an expedience charge A Touch of Love, LLC requires a non-refundable $125.00 deposit due at time reservations are made. Balances are due 72 hours prior to scheduled reservation.
Please review our Privacy Statement, which also governs your visit to the Site.
Credit cards accepted.
Choose your payment method.
Personal checks are accepted at A Touch of Love retail center provided adequate identification is available. "Starter" checks are not accepted. A Touch of Love’s retail center does NOT accept personal or business checks drawn on foreign checking accounts.
A Touch of Love online shopping purchases are processed through www.paypal.com, Eventbrite.com, 5/3 Merchant Services, and SquareCash.
Your privacy is important to us.
This site is restricted to users from the United States and those not governed by privacy policies of the European Union. Users from the European Union are advised not to disclose personal information on this site.
What personally identifiable information is collected?
In order to provide you superior service, communicate marketing promotions which we believe will be of interest to you, and to administer our business, the A Touch of Love, LLC may gather the following personal information (except where prohibited by law): salutation, name (first/middle/last), billing and shipping addresses, company name (if applicable), email address, phone/fax number (if applicable), payment type (VISA, Check, Cash, etc.), credit card type/number/expiration date. How this information is used and how we protect information collected from online purchases is explained below.
How is the collected information used?
A Touch of Love, LLC’s retail store and our online shop may use your personally identifiable information to provide superior service in the following areas: to process, fulfill and track online orders and in-store pickup orders; bill your credit card for purchases; respond to your customer service inquiries or requests; provide requested services such as rebate redemption and warranty coverage; offer information regarding products and services based on your interests or past purchases; hold contests, giveaways, drawings and promotions; administer shopping or reward club accounts; conduct and administer surveys; mail marketing/sales material via email or postal mail; set up commercial accounts; sign up for new credit card promotions; or use it for other general business purposes to further enhance our business relationship with you.
To enhance your A Touch of Love online shopping experience, we may also collect aggregate information as to which pages you visit, search terms used, etc. - in order to measure the effectiveness of our website and identify areas for improvement (product selection, site performance and/or to streamline the purchasing processes).
Who are the third party entities with whom we may share your personally identifiable information?
Third party service providers:
A Touch of Love, LLC uses third party companies in limited ways.
We may provide your information to reputable organizations that help us to fulfill services on our behalf. For example, we use may use companies to authorize credit card transactions, to ship packages, to schedule and perform event setup and to administer service programs, etc. We may provide information to others to help us maintain records and analyze sales data. We use customer information providers to augment and improve the accuracy of our customer database. We hire third parties to distribute postal and email communications with our offers or important information on our behalf.
The third party companies we hire are not authorized to use your information for any reason other than to provide the above stated services for which we contract them to perform.
The types of marketing partners with whom we may share your personally identifiable information would include financial institutions, event service providers and other entities with whom we have an ongoing business relationship. The types of information we may provide to these partners are your name, address, email address (if you opted in your email address for marketing partners), and products you inquired about or purchased. This information may be combined with other personally identifiable information, such as demographic information, available from our records and other sources. We do not re-sell or distribute to other companies your email address without your permission by opting in. Information we do NOT make available to anyone is financial, credit card transaction information or phone numbers.
How do we protect the security of you’re A Touch of Love online ordering information?
A Touch of Love, LLC. is concerned about your privacy and the security of your important personal information. Therefore, we utilize the expertise of EventBrite, Paypal, SquareCash, and 5/3 Merchant Services’s online transaction processing service. For specific information on each service’s privacy and security protection policies please visit their website.
How do we handle information related to children?
This site is not intended or designed to attract children at all. We do not knowingly or intentionally obtain any personally identifiable information from any person we know to be under the age of 18.
Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary: to comply with legal process such as a search warrant, subpoena or court order; to protect against misuse or unauthorized use of our website and/or A Touch of Love to protect A Touch of Love LLC’s rights and property; or during emergencies, such as when we believe someone’s physical safety is at risk.
In addition, as we develop our business, we may buy or sell assets or business offerings. Customer information, email addresses, and visitor information are generally among the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution, including, but not limited to, a bankruptcy proceeding.