Conditions of Use
Conditions of Use
If you visit or shop at EveniPacific, you accept these conditions. Please read them carefully.
Please review our Privacy and Security Policy, which also governs your visit to EveniPacific.com, to understand our practices.
When you visit EveniPacific.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EveniPacific.com or its content suppliers and protected by Samoan and international copyright laws. The compilation of all content on this site is the exclusive property of EveniPacific.com and protected by Samoan and international copyright laws. All software used on this site is the property of EveniPacific.com or its software suppliers and protected by Samoan and international copyright laws.
EVENI CARRUTHERS, EVENIPACIFIC.COM and other EveniPacific.com graphics, logos, page headers, button icons, scripts, and service names are trademarks of EveniPacific.com, or its subsidiaries. EveniPacific.com's trademarks may not be used in connection with any product or service that is not EveniPacific.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EveniPacific.com. All other trademarks not owned by EveniPacific.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EveniPacific.com or its subsidiaries.
LICENSE AND SITE ACCESS
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EveniPacific.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use EveniPacific.com only with involvement of a parent or guardian. EveniPacific.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. EveniPacific.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant EveniPacific.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EveniPacific.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EveniPacific.com for all claims resulting from content you supply. EveniPacific.com has the right but not the obligation to monitor and edit or remove any activity or content. EveniPacific.com takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from EveniPacific.com 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 or to the person you authorise to pick up the goods from the EveniPacific store behind the Eveni Carruthers flagship store in Apia.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchant affiliates, the List Price may be provided by the merchant.
With respect to items sold by EveniPacific.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by EveniPacific.com..
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY EVENIPACIFIC.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVENIPACIFIC.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.WITHOUT LIMITING THIS GENERAL DISCLAIMER, EVENIPACIFIC.COM SPECIFICALLY DISCLAIMS THE ACCURACY OF THE DESCRIPTIONS AND SPECIFICATION OF THOSE PRODUCTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVENIPACIFIC.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVENIPACIFIC.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EVENIPACIFIC.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVENIPACIFIC.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
TO THE EXTENT EVENIPACIFIC.COM IS FOUND LIABLE TO ANYONE ON ANY LEGAL THEORY OR CLAIM RELATING IN ANYWAY TO THIS WEBSITE, ANY SUCH LIABILITY SHALL BE LIMITED TO THE TOTAL PURCHASE PRICE ACTUALLY PAID TO EVENIPACIFIC.COM FOR THE PRODUCT OR PRODUCTS GIVING RISE TO EVENIPACIFIC.COM LIABILITY.
THIS SITE CONTAINS LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTIES AND ARE NOT UNDER THE CONTROL OF EVENIPACIFIC.COM, AND IT DOES NOT WARRANT, REPRESENT OR ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ACCURACY OR COMPLETENESS OF THEIR INFORMATION AND CONTENTS.
By visiting EveniPacific.com, you agree that the laws of the Independent State of Samoa, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EveniPacific.com.
Any dispute relating in any way to your visit to EveniPacific.com or to products you purchase through EveniPacific.com shall be submitted to confidential arbitration in Apia, Samoa, except that, to the extent you have in any manner violated or threatened to violate EveniPacific.com's intellectual property rights, EveniPacific.com may seek injunctive or other appropriate relief in any country, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to EveniPacific.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.