a) Use of this Site. The use of this web site ("Site") is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this Site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. PigeonNews may from time to time revise these terms and conditions by updating this posting. You should therefore periodically visit this page to review the current terms and conditions of this site so you are aware of any such revisions to which you are bound. This Site is owned and operated by PigeonNews. The materials contained in the Site are provided by PigeonNews for informational purposes only. If you do not agree to the terms and conditions set forth in this legal notice, you should not use this Site.
b) Copyright and Trademark Notice. This site is owned and operated by PigeonNews. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of PigeonNews, Copyright ©2017, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without PigeonNews prior written permission. All rights not expressly granted herein are reserved. 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.
c) Third Party Companies and Products. Mention of third party , companies, and Web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. PigeonNews provides this information only as a convenience to users and PigeonNews makes no representation whatsoever regarding the content of any other Web sites. When you access a non-PigeonNews site, please understand that it is independent from PigeonNews and that PigeonNews has no control over the contents on that Web site. A link out to a non-PigeonNews Web site does not mean that PigeonNews endorses or accepts any responsibility for the content or use of such Web Site.
d) Feedback and Information. Any feedback or testimonials you provide at this Site shall be deemed to be non-confidential. PigeonNews and its affiliates shall be free to use such information for any purpose on an unrestricted basis.
e) Your Account. If you use this Site, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. PigeonNews sells products only to adults who can purchase with a credit card. If you are under 18, you may use this Site only with involvement of a parent or guardian. PigeonNews reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
f) Disclaimer and Limitation of Liability as to Products Sold. All of PigeonNews products are guaranteed against defects at the time of shipment. Goods damaged during shipment may be replaced if PigeonNews is notified within ten (10) days of delivery confirmation. Except as expressly stated herein, PigeonNews makes no representations or warranties, either express or implied, of any kind with respect to products sold on the PigeonNews site. Except as expressly stated herein, PigeonNews expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to PigeonNews arising from any product sold on the PigeonNews site shall be the price of the product ordered. In no event shall PigeonNews, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
g) Limitations of Liability. PigeonNews shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials and information in this Site, even if PigeonNews or a PigeonNews authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, in which case the above limitation or exclusion will not apply to you. In no event shall PigeonNews 's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence or otherwise) exceed the amount paid by you, if any for accessing this Site.
h) Product Descriptions. PigeonNews attempts to be as accurate as possible. However, PigeonNews does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. If a product offered by PigeonNews is not as described, your sole remedy is to return it.
i) Jurisdiction and Venue. You agree that any legal action brought against PigeonNews shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the PigeonNews sites shall be an appropriate federal or state court located in San Diego County, California.
j) Sales Taxes. PigeonNews shall automatically charge and withhold the applicable sales tax for orders shipped to New York, California, Tennessee, Delaware, and Utah.
k) Shipping. Most orders will be shipped via USSP ground. Once an order is shipped, it is the customers responsibility to make themselves available to receive the shipment. Once the delivery service has attempted to deliver the package without success, they will return the package to a PigeonNews distribution center. At this point, PigeonNews will credit the customer's account for the undeliverable order (except for shipping and handling charges) and it will be the customer's responsibility to place a new order. Please allow 10 business days for a credit to process. See the FAQs section for questions regarding returned shipments and consumer credits.
l) Risk of Loss. All items purchased from PigeonNews are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
m) Returns and Exchanges. Please read the policies below to gain a better understanding of how PigeonNews can process a return or exchange as quickly as possible. PigeonNews will replace any damaged product if notified within ten (10) days of the delivery confirmation date. Customer is responsible for shipping and handling expenses.
*Returned merchandise must include all original packaging in the same saleable condition in which it was received. Refunds for returns will cover product amount and any sales taxes charged. Refunds will not be made for any shipping and handling charges. Returns not meeting these requirements may be subject to a restocking fee equaling 15% of the price paid for PigeonNews products. (not including taxes). Damaged merchandise, cosmetically or otherwise, is subject to a restocking fee on a case-by-case basis. If an order has shipped, it is the purchaser's responsibility to accept the shipment and return the order per our Return Policy. Orders that are refused at the designated shipping address may incur a 15% restocking fee.
PigeonNews will not accept any returns outside of the 10 day window. Items that are returned more than 10 days after delivery, not in saleable condition, or are missing packaging, will not be accepted for return or exchange.
n) Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, PigeonNews shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. PigeonNews shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PigeonNews shall immediately issue a credit to your credit card account in the amount of the charge.
o) Privacy. Your Privacy is very important to us. The products you order from PigeonNews will require us to collect billing and shipping information (such as your name, address, email address, phone number, and credit/debit card information). We will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order. PigeonNews does collect the e-mail address of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, user specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations.
The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to customize the content and/or layout of our page for individual consumer and used by us to contact consumers for marketing purposes. If you do not want to receive e-mail from us in the future, please let us know by sending an e-mail to us, calling us at one of the above telephone numbers or writing to us at the above address and telling us that you do not want to receive e-mail from our company.