Terms and Conditions
By purchasing items through the YaYaandco.com site, you agree to be bound by the Terms of Sale and our Terms and Conditions. If you do not agree to all the terms and conditions set forth in these Terms of Sale, do not purchase items through the Site.
We reserve the right to change or modify these terms of sale at any time and in our discretion. If we make changes to these Terms of Sale, we will post the amended Terms of Sale. We ask that you review these Terms of Sale prior to making any purchases through the site.
Availability and Pricing. All Items for sale through the site are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue offering items without prior notice. All prices are shown in U.S. dollars and applicable Taxes and other charges if any. All prices are subject to change without notice.
Taxes. You are responsible for any sales, use, duty or other governmental taxes or fees due with respect to your purchase of items through the site. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment such as changes in rates of Taxes.
Payments. In the event you would like to change or update payment information associated with your account on the site, you can do so at anytime by logging into your account and editing your payment information. If any of the items in your cart are unavailable, we will charge only the prices, taxes and other applicable charges associated with the items that are included in the shipment.
Shipping and Handling. You agree to pay any shipping and handling charges shown at the time you make the purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. If you have any questions regarding shipping, please contact us by filling out the form on our Let's Connect page. For more information about shipping and handling fees, including international shipping please call our Customer Service at 1 (216) 938-6759.
Returns, Exchanges, and Refunds. We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchased through the Site, you may return the item within 14 days of the date on which the item was delivered to you and elect to:
- Exchange the item for another item available for purchase through the Site;
- Receive a refund in the amount you paid for the item;
- Receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site.
If you return an item to us after the 14 day return period, but between 15 and 30 days of the date on which the item was delivered to you, you may still return the item and elect either to exchange the item for another item available for purchase through the Site or to receive a merchandise credit in the amount you paid for the item less the freight cost incurred. This merchandise credit can be used at anytime for merchandise offered through the Site.
Please allow two weeks for processing your return.
Price Adjustments. If the price of an item you purchased through the Site is reduced due to becoming a permanent sale item within 10days of the date you purchased the item, you may contact us to receive a one-time (single order) price adjustment for the item purchased. The price adjustment applies only to items that become permanent sale items and excludes temporary special promotion items. For questions regarding price adjustments or to submit a request for a price adjustment, please contact us at Let's Connect on the site or call 1 (216) 938-6759.
Errors. We attempt to be accurate as possible and to eliminate errors on the site, however, we do not represent or warrant that the description, pricing or other information on the site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly or to cancel your order and refund any amount charged. Note the following:
- If the correct price of an item you purchased through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.
- If the correct price of an item you purchased through the site is higher than our stated price, we will at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of the cancellation.
Your use of item purchased through the Site is at your sole risk. Such items are provided “as is” and “as available” without warranties of any kind, either expressed or implied, including but not limited to, fitness for a particular purpose, title and non-infringement. You understand and agree that, to the fullest extent permitted by applicable law, Laurel’s Gate Inc. (yayaandco.com) its officers, directors, agents, partners and employees (individually and collectively the Laurel’s Gate Parties) will not be liable to you under any theory of liability, whether based in contract, tort, negligence or otherwise for any indirect, consequential, incidental or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not Laurel’s Gate (yayaandco.com) or another Laurel’s Gate Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, Laurel’s Gate (yayaandco) parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to yayaandco - Laurel’s Gate for such items purchased.
Dispute Resolution, Binding Arbitration. Instead of suing in court, you agree that any dispute relating to these terms of sale, your purchase of an item through the site or items purchased from us will be submitted to confidential arbitration in Cleveland, Ohio. Any arbitration under these terms of sale will be conducted under the prevailing rules of the American Arbitration Association. These rules are different from those found in a court because, among other reasons, there is no judge or Jury and review is limited. An arbitrator can award the same damages and relief, however and must honor the same limitations stated in these terms of sale as a court would.
The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction, to the fullest extent permitted by applicable Law. All arbitration shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however any relief must be individualized to you and will not affect any other customer.
You and Laurel’s Gate (yayaandco) agree that each may bring claims against the other in arbitration only. In your or their respective individual capacities and in so doing you wave the right to a trail by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.
Governing Law. These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the state of Ohio, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in Cleveland, Ohio with respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale.
Severability. If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provision.
Questions. If you have any questions regarding these Terms of Sale, please contact us by filling out the form on the Let's Connect page.