Terms and Conditions.
mangobarn.com (the "Website") is owned and operated by Mango Barn Company. By accessing or using this Website, you are agreeing to follow these rules and be bound by these Terms of Use. If you do not agree with any of the provisions in these Terms of Use or in the Privacy Policy, please do not use the Website. Mango Barn reserves the right to change these Terms of Use from time to time without prior notice.
Use of Website
Subject to your compliance with these Terms of Use, Mango Barn allows you to access and make personal and non-commercial use of the Website. You may not use the Website for any resale or commercial use, including without limitation, the use of any information, services or Content (as defined below) on the Website, such as product listings, descriptions, or pricing. You may not make any derivative uses of any information, service or Content on the Website, download or copy any information, service or Content on the Website for the benefit of a third party, or use data mining, robots, bots, or similar data gathering and extraction tools.
You agree that you will not use this Website, or any of its Content or services for any illegal or prohibited purpose. You are also prohibited from accessing data not intended for you or logging onto an account that you are not authorized to access; attempting to breach our security measures; interfering in any way with the use of or access to the Website; attempting to decipher, decompile, disassemble or reverse engineer any software used by or on our Website; or using any engine, software, tool or other mechanism, including without limitation, browsers, spiders or robots, to navigate or search our Website.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.
All rights not expressly granted to you in these Terms of Use are reserved and retained by gorjana.
Your Account
In order to make a purchase, it is recommended to create an account. Creating an account allows you to save shipping and billing information for speedy checkout, check order status, review order history, create product wish lists to view online, and manage subscriptions.
For your convenience, you may also log in and complete payment using alternative supported platforms.
You are solely responsible for maintaining the confidentiality of your account and password and maintaining your account privacy settings, and you agree to accept responsibility for all activities that occur under your account or password.
Electronic Communication
By using the Website, or by sending us emails, you are consenting to receive communications from us electronically. We may communicate with you by e-mail, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property Owned by Mango Barn
All content made available through the Website, including but not limited to text, information, pricing, graphics, descriptions, copy, page headers, artwork, photographs, images, logos, button icons, audio clips, video clips, data compilations and other content located on the Website (each and collectively, “Content”), is the property of Mango Barn and is protected by California, U.S.A. and international laws. The Website, portions thereof, and all Content are protected by copyright laws and may not be copied, modified, reproduced, posted, downloaded, transmitted, displayed, broadcast or distributed in any way, in whole or in part, without the prior written consent of Mango Barn.
In addition, unless otherwise noted as belonging to a third party, all trademarks, service marks, trade dress, logos and icons on the Website are the exclusive property of Mango Barn.. All other intellectual property and company names used on this Website not owned by Mango Barn are the property of their respective owners.
Nothing in these Terms of Use or any other language on this Website is intended to create a license or give you any right to use any of the intellectual property or content on this Website without the express written consent of Mango Barn. Mango Barn actively enforces its intellectual property rights to the fullest extent of the law.
Third Party Affiliates
We may use third party advertising companies to serve or personalize ads when you visit the Website or thereafter. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here. We do not share this information without your consent.
We will never sell personally identifying information that you provide on the payment page or when you create an account on our Website (such as credit card information, name, birth date, gender, address, or phone numbers).
The Website may reference or provide links to third party websites such as Twitter, Facebook, Pinterest, Instagram, YouTube, LinkedIn and advertisements. gorjana takes no responsibility and assumes no liability for any content, warranties, representations, purchases, or any statements or activities made on or in connection any third party websites.
Breach of Security
Mango Barn takes your security information very seriously and will maintain strong practices in protecting your information. However, you understand that there are ways in which third parties can hack into or steal information from any website. You agree that Mango Barn is not responsible for any consequences from data breaches, hacking, and the like by third parties accessing information from Mango Barn or the Website.
Applicable Laws and Jurisdiction
By purchasing goods from this Website, you agree that the offer and sale of those goods takes place in, and will be governed by the laws of the State of California.
User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. We make no representation that the Website is appropriate or available for use outside the United States, and access to the Website from territories where its content is illegal is prohibited. If you choose to access the Website from outside the United States, you are responsible for compliance with applicable local laws.
Product and Pricing information
Information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product descriptions, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order).
Prices and availability of products on the Website are subject to change without notice. The Website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on the Website may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. Please be aware that Sale and Off Price Items all sales are final and no pricing adjustments will be granted.
We have made every effort to display the colors of our products accurately as they appear on the Website. However, because the colors you see will depend on a number of factors, including your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free. If a product offered by the Website is not as described, your sole remedy is to return it in unused condition for a refund, subject to the return policies described above.
Mobile
The Website contains services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. Not all mobile services or features on our website will work with all carriers or devices. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
Disclaimer and Warranties and Limitations of Liability
This Website and any information, products, content, materials, and any services included on or made available to you through the Website are provided on an "as is" and "as available" basis.
MANGO BARN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, ITS CONTENT, ITS PRODUCTS OR ITS SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GORJANA & GRIFFIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR SOLE RISK.
IN NO EVENT WILL MANGO BARN BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE, FROM YOUR USE OF ANY MANGO BARN SERVICE, OR FROM ANY INFORMATION, PRODUCT, CONTENT, OR MATERIAL INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES OR DELAYS, COMPUTER EQUIPMENT FAILURES, TELECOMUNICATION FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, OTHER ACTS OF NATURE, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, AND NON-PERFORMANCE OF THIRD PARTIES.
If there are any problems with the goods shipped to you (such as damage, wrong shipment, etc.), you agree that your rights are limited only to a refund of the price you paid for the damaged goods and that YOU WAIVE ALL OTHER CAUSES OF ACTION OF ANY TYPE OR NATURE OR REMEDIES.
The Website does not sell products for purchase by children. We may, however, sell children's products for purchase by adults. The Website is not intended or directed to individuals under the age of 14. We reserve the right to refuse service to any person for any reason or for no reason at all.
Mango Barn does not warrant that the services, information, products, content, materials, or other services included on or otherwise made available to you through the Website, Mango Barn servers or electronic communications are free of viruses or other harmful components.
If you are dissatisfied with this Website or any of its Content, or with these Terms of Use, your sole and exclusive remedy is to discontinue using this Website.
Any content provided with respect to any properties of any stone or jewelry piece or Mango Barn product are for entertainment purposes, not scientific and not to be treated as medical advice or relied upon for any purpose.
This DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY shall apply to the extent not prohibited by applicable law. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
To the residents of New Jersey, your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act. The provisions in the Limitations of Liability and elsewhere in this Terms of Use and our Privacy Policy may be different than the rights you might enjoy under the laws of New Jersey. Your rights regarding the Limitations of Liability and other provisions in our Terms of Use and Privacy Policy will be governed by applicable New Jersey law and not by the Terms of Use and Privacy Policy to the extent that the provisions are inconsistent with New Jersey law.
Arbitration clause and class action waiver
.This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”), and we and you intend that this section satisfies the writing requirement of the FAA. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Website, (ii) any data or information you may enter into the Website or that we may gather in connection with such use or interaction, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Website, you agree to binding arbitration as provided below.
General Provisions
Indemnification: You agree to defend, indemnify and hold harmless Mango Barn and its affiliates for any violations of these Terms of Use or of the Privacy Policy by you or your agents.
Severability: If any of the provisions under these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Captions: The captions contained in these Terms of Use and in the Privacy Policy are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions of these Terms of Use or of the Privacy Policy.
Worldwide Applicability: The provisions of this Terms of Use are to apply worldwide.
