NOTE: PURCHASE AND POSSESSION OF THE NOVELTY ID(S) ARE LEGAL ACTION. ANY OF YOU CAN BECOME A CUSTOMER OF THE NOVELTY CARDS FROM THIS SITE WITHOUT DIFFICULTY. However, what you are going to do with this card is up to you. The company is not responsible for this.
Here you will find out what are the Terms of Service for the purchase and use of identifiers for sale on ALREADY21.COM online store. Please read this page carefully as it constitutes a legally binding Agreement between you (the Company) and ALREADY21.COM (the Company). Taking into account the Company’s consent to the sale of the Novelty ID(s) to you, you agree to comply with these Terms and Conditions and indicate such consent by submitting the order form as stated in the order form “By submitting this form, you have read and agree to the Terms of Service”.
1. Representations and Guarantees
The Customer hereby represents and warrants that: (a) his/her real age is not less than 18 years; (b) You understand and acknowledge that the Novelty identifier(s) you are about to order are intended for entertainment purposes and not for identification purposes (as they contain inaccurate information), you may not use the identifier(s) to prove the legal age, change in appearance or to cover under another identity; (c) the Customer promises not to use the Novelty ID(s) for: (1) any lawful or unlawful purpose or in connection with such actions; (2) to violate any law or regulation; (3) to violate the copyright, trademark, trade secret or other intellectual property rights of others; or to violate the privacy, publicity or other personal rights of others; (4) any conduct or act that is libelous, obscene, abusive, threatening, abusive, hateful, immoral or harassing in the opinion of the Company with respect to the rights of other individuals or organizations.
The Customer is sole responsible for any damages and losses arising from the purchase, possession or usage of the Novelty ID(s), or in case of possession and usage of the Novelty ID(s) by third parties, taking into account the IDs were bought by the Customer, regardless if the Customer is aware of its using and holding or not, and regardless if the Customer gives a permission of these action to third parties or not. The Company is not responsible for any damages and losses of the Novelty ID(s) arising from the purchase, possession and usage of the products by the Customer or third parties. The Customer will protect, indemnify, and defend the Company, its administration, partners, executives, and other staff members (collectively “Indemnities”) from all kinds of claims, liabilities, losses, and damages, including reasonable legal and accounting fees, incurred such damages arising out of: (1) the use, possession and storage by the Customer of Novelty identifiers, including claims, liabilities, losses, damages incurred as a result of or in connection with the possession or use by any third party of the Novelty identifiers obtained by the Customer, whether such possession or use by the Customer is authorized; (2) the Customer’s violation of these Terms of Service. The Customer hereby releases the Company from compensation for claims, demands and damages of any kind arising out of the purchase, possession or use by the Customer of any Novelty identifiers or the possession and use of the obtained identifiers by third parties, regardless of whether such actions were permitted by the Customer or not. If the Customer is resident of California state, you have to waive California Civil Code Section 1542.
3. No Warranties
The Customer accepts that the identifiers are presented “as is” “with all the shortcomings” “as available”. THE COMPANY PROVIDES NO WARRANTIES (EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY), INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE IDENTIFIER(S); AND ALL WARRANTIES IN RELATION TO THIS SUBJECT IS EXPLICITLY DENIED. The Company reserves the right to change any element, including appearance, materials or method of production of the Novelty ID(s) at any time without prior notice to the Customer.
The Customer must provide only complete, correct and accurate personal information. The ID(S) will be made on the basis of this information provided by the Customer, which you left during the order process. The Customer is solely responsible for the information provided, that it is accurate, complete and has no intentional errors (including spelling). All personal information of the Customer must be presented in a correct and understandable form. The Company is not obliged to check the Customer’s information. Therefore, the Company will not connect to the Customer to verify it or to retrieve the missing piece of information. The Company is not responsible for any errors, defects, inaccuracies and inconsistencies of the Novelty ID(S), which may be associated with the inability of the Customer to provide accurate and clear personal information. The Customer must provide the Company with physical materials (including but not limited to the Customer’s photo, according to the size of the special document) during the ordering process. All of these materials become the property of the Company upon receipt by the Company. The Customer is fully responsible for the quality of the materials provided. The Company shall not be liable for any errors, inaccuracies or defects in any new identifiers resulting from damage to physical materials, regardless of whether these defects arose before or after their receipt by the Company.
5. Refundable and non-refundable
All fees that have been paid for the Customer’s ordered ID(s) will not be refunded once the Company has started production of ID(s). However, the Company may refund the fee for defective or non-conforming Novelty ID(s) in case of: (1) the Customer notifies the Company of defects or non-conformities by email no later than the end of the next business day after receipt of the defective or non-conforming ID(s) with the exact indication of defects or non-conformities and the attached photos; (2) the Customer shall return to the Company the Novelty ID(s) with defects and inconsistencies no later than the end of the fifth business day after receipt of these defective ID(s); (3) the Company shall independently determine that all defects and non-conformities of the Novelty identifiers are due solely to the actions and errors of the Company for which the Company is liable under this Agreement.
The Customer actually selects the desired delivery method on his own. If the selected delivery option is temporarily unavailable, the Company reserves the right to choose any other option, keeping the price for the option chosen by the Customer. All the Novelty ID(s) will be shipped as soon as production has been completed. Please note that the Company does not guarantee that the identifier(s) will be sent and delivered on certain dates. The tracking number will be sent to the Customer as soon as the Novelty IDs are sent. However, the Company reserves the right not to provide a tracking number for any order. The Customer sends a request for a tracking number to the Company by email. The Company shall not be liable for any damages or losses incurred by the Customer or any third party as a result of delays in delivery or arising from the delivery of the Novelty ID(s), even if the Company has been notified of possible defects and damages.
7. Limitation on Responsibility
Any term of this Agreement to the contrary, regardless the Company’s liability for any loss or damage, direct or indirect, arising out of these Terms of Service or the acquisition, storage or use of the Novelty ID(s) or in connection with the possession or use by any third party of the identifiers acquired by the Customer, regardless of whether storage or use has been authorized by the Customer, including without limitation any claim or under an unconditional obligation, is limited to actual, direct damages, but in no event shall not exceed the fees and charges, paid by the Customer to the Company for the Novelty ID(s), in connection with which there was such a responsibility. The Company shall not be liable for lost profits, other consequential damages and any claims against the Customer by third parties. The Company is not be liable for special damages, general damages and consequential damages under any circumstances. All claims are valid for one (1) year after the cause of action arose. This section 7 shall survive the expiration or termination of these Terms of Service for any reason.