terms of use
 

This Website is owned and operated by Ajmerani LLC, Virginia. Ajmerani LLC may be referred to as “Ajmerani,” “we,” “our,” and/or “us” in this agreement (“Agreement”). “You” or “your” refers to an individual who is an Ajmerani customer or who is using, visiting, or browsing our Website.

Using Ajmerani’s Website at www.purestartbaby.com and other domain names (collectively, the “Website”) owned by Ajmerani or its officers and/or placing any order indicates your acceptance of all terms and conditions contained in this Agreement. This Agreement, and any modifications to the terms and conditions that Ajmerani may post from time to time, constitutes the entire Agreement between you and Ajmerani and your use of the Website constitutes your acceptance to this Agreement.

While Ajmerani uses reasonable efforts to include accurate and up-to-date information on the Website, Ajmerani makes no warranties or representations as to its accuracy. Ajmerani assumes no liability or responsibility for any errors or omissions in the content on the Website. Changes may be periodically made to these web pages and these changes may be incorporated without notice.

Intellectual Property
You should assume that everything you see or read on the Website, including but not limited to AjmeraniTM, Pure StartTM, the trademarked plant with raindrop logo, all other trademarks, Website trade dress elements, text, site design, logos, graphics, icons, images, data, color schemes, interfaces, software code, as well as the selection, assembly and arrangement thereof, is copyrighted unless otherwise noted and may not be used except as provided in this Agreement without the written permission of Ajmerani. Copyright Ajmerani, LLC 2009. ALL RIGHTS RESERVED. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.

Pricing and Payment
All prices are shown in U.S. dollars ($), and are valid and effective only for products and services ordered and shipped within the United States through the Website. Taxes, shipping, and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.

All credit cards, debit cards, or other acceptable payment methods used on our Website must be valid and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on this Website) to that card or other payment method. If the card or other payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended and/or cancelled. You agree to keep your payment method information current and that we may submit charges for processing even if the payment method used has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

Third Party Websites
Other Websites accessible through our Website have their own privacy policy, terms of use, and data collection practices. Please review each Website’s privacy policy, terms of use, and data collection practices. We provide these links as a convenience but unless we specifically say so, we do not endorse the third party Websites or anything on them. Ajmerani is not responsible for the contents of any third party Websites or any other sites linked to the Website. Your linking to any other third party pages or other sites is at your own risk.

Retailer or Merchant Purchases
Any purchase made by a retailer or merchant, which is defined as a purchase for any use other than as a consumer, constitutes the purchase of commercial goods and terms of sale shall be construed to be between merchants. Except as agreed in writing, these terms will supersede any terms and/or conditions you include with any purchase order, regardless of whether Ajmerani signs them or not. Ajmerani reserves the right to make changes to this Website and this Agreement at any time. Retailers and/or merchants are not authorized to resell Ajmerani’s products to other retailers, merchants, directly to consumers or customers, and/or below MAP pricing without express written consent from Ajmerani. Retailers and/or merchants are not authorized to sell our products outside of the United States of America without express written consent from Ajmerani.

Returns and Exchanges
We want you to be completely satisfied with your purchase, but if you wish to return or exchange a purchase, please contact us at returns@purestartbaby.com.

To qualify for a refund or exchange, products must be new, unused, and in the original packaging. Products must be returned within 30 days of delivery date and proof of purchase or receipt is required. You are responsible for shipping and handling charges to return the product to Ajmerani. Once the return is received, a refund will be issued, minus the original shipping and handling charges. All refunds will be made to the same credit card, debit card, or other payment method used in the original purchase, or in our discretion, other method.

For exchanges, the new product will be shipped upon receipt of the original product (which must be new, unused, and in the original packaging) by Ajmerani. If the new product costs more than the original product, you will be charged the difference in price and shipping and handling to send the new product. If the new product costs less than the original product, you will be refunded the difference in price and charged shipping and handling to send the new product. Also, any difference in sales tax, if applicable, will be charged or refunded.

For instructions on returns or exchanges and obtaining a Return Authorization number, please email returns@purestartbaby.com. A Return Authorization number is required for all returns or exchanges before they can be processed.

Only purchases made on this Website may be returned. If you purchased Ajmerani’s products somewhere else, please contact the original retailer for their return policy.

Refunds on shipping and handling are credited only when an item is incorrectly shipped or arrives defective or damaged. Please refer to the return instructions on your packing slip, or email us at returns@purestartbaby.com. Items should be returned to:

Ajmerani LLC
Attn: Returns
4201 Wilson  Blvd.  #110-144
Arlington, VA 22203-1859

Return packages must be sent pre-paid. We are not responsible for any loss, damage, or late shipments so we recommend insuring your packages. In case of loss, damage, or late shipments, contact the shipping carrier for all claims.

Guarantee
We guarantee our products are free from manufacturer defects. In the rare chance that you receive a part or product that is defective due to defects in manufacturing and/or workmanship, we will gladly replace that part or product. Simply email returns@purestartbaby.com for instructions and to obtain the required Replacement Authorization number. Replacement or refund requests must be made within 14 days of delivery date and a receipt or proof of purchase is required to process the request. We cannot accept requests for replacement parts or refunds for defective parts and/or products without a Replacement Authorization number. Once we receive your email, we will send a pre-paid return label to your email for returning the product or part to us. If you do not use our pre-paid return label, you will be responsible for the shipping and insurance costs.

Once we have received the merchandise, if it is determined that there is a manufacturer’s defect, a replacement part or a refund minus shipping and handling charge will be issued. If the returned merchandise does not contain a manufacturer’s defect, a replacement will not be issued and you authorize Ajmerani to charge your credit card, debit card, or other payment method the shipping costs paid by Ajmerani (the pre-paid shipping to ship the merchandise to Ajmerani).

For replacement parts, if the original part is not available or out of stock, the parts will be sent as soon as it/they become available or similar parts will be sent in substitution. There is no charge for replacement parts and you will not be charged shipping and handling for the replacement parts. If you have any questions, please contact us at: returns@purestartbaby.com

Shipping and Handling
Shipping and handling costs are included in your total. We determine the most efficient carrier for shipping your orders and may use U.S. Postal Service, FedEx, or UPS. Most orders are shipped within 24 to 48 hours on business days provided the items are in stock. Business days are Monday-Friday, excluding federal holidays within the U.S.

Shipping times are not guaranteed due to weather and other uncontrollable events. Once the order has been processed and/or shipped, order changes cannot be made. Refused or undeliverable shipments that are returned to our warehouse and/or distribution center, will not be processed or receive a credit as the warehouse and/or distribution center is not equipped to handle or accept returned merchandise. Please email returns@purestartbaby.com for instructions on returning a purchase or check out the Returns and Exchanges section of this Agreement. You also agree that you will not obtain or direct shipment of our product(s) for export.

Sales Tax
We are required to charge all applicable state and local sales tax on orders shipped to Virginia addresses. If we ship your order outside of Virginia, you are responsible for any applicable sales taxes.

Website Use
Our Website is for personal use only and you may not use our Website or its contents for any other purposes. By using our Website, you warrant that: 1) you shall not use the Website or its contents for any unlawful or prohibited purpose; 2) that you shall provide us with accurate information; and 3) you shall pay all charges incurred on your debit card, credit card, or other payment method including any applicable taxes, shipping, and handling.

You agree that you shall not transmit any content on and/or through the Website that is unlawful, harmful, pornographic, threatening, invasive of another’s privacy, abusive, harassing, tortuous, defamatory, obscene, vulgar, libelous, hateful or racially, ethnically or otherwise objectionable, or is considered unsolicited or unauthorized advertising and/or spam. You also agree not to violate or attempt to violate the Website’s security. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Ajmerani reserves all rights and remedies available to it.

Ajmerani takes no responsibility and assumes no liability for any user content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Ajmerani liable for any defamation, mistakes, slander, omissions, libel, falsehoods, obscenity, profanity, or pornography you may encounter. Your use of our Website is at your own risk. Ajmerani is not liable for any statements, representations, or user content provided by its users on any part of the Website, including our Blog. Although Ajmerani has no obligation to screen, edit, or monitor any of the user content posted on the Website, Ajmerani reserves the right, and has absolute discretion, to screen, edit, or remove any user content posted or stored on the Website at any time for any reason without notice. Any use of our Website in violation of this Agreement may result in, among other things, termination or suspension of your rights to use our Website. Ajmerani may disclose any information in order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect Ajmerani’s systems and customers, or to ensure the integrity and operation of Ajmerani’s business and systems.

If you post, email, mail, fax, telephone content and/or information to Ajmerani and/or the Website in any form, media, software, or technology of any kind, you grant Ajmerani, a royalty-free, perpetual, irrevocable, non-exclusive, right and license to use, copy, modify, display, archive, store, distribute, reproduce, and create derivative works from your content and/or information. You authorize Ajmerani to include the content and/or information in a searchable format that may be accessed by users of the Website. Additionally, you grant us the right to use any content, material, information, ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services. This does not include personal data submitted with the purchase of any products and/or services from the Website.

Applicable Laws, Indemnification, and Risk of Loss
This Agreement shall be governed by the laws of the United States of America and the State of Virginia without regard to principles of conflict of law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement.

You agree to defend, indemnify, save, and hold harmless Ajmerani, its officers, representatives, employees, consultants, partners, co-brands, successors, assigns, and agents, from and against any and all allegations, claims, actions, damages, expenses, loss, liability, threatened or pending proceedings, orders, or demands, including but not limited to reasonable attorney’s fees and other legal expenses, by third parties arising from or related to your use or misuse of the Website, violation of the this Agreement, or infringement of third-party rights. This indemnification agreement shall survive any termination or suspension of User's use of Website.

Products purchased from this Website are transported and delivered to you by an independent carrier. Title to products purchased on this Website, as well as the risk of loss for such products, passes to you when we deliver these items to the carrier at our facility or at the independent carrier’s facility in Virginia. Ajmerani shall not be liable for either delays in deliveries or failure to deliver due to any cause or event beyond Ajmerani’s control, including, but not limited to: 1) acts of God, acts of the buyer, acts of civil or military authority, fires or other casualty, labor disputes, floods, war, earthquakes, delays in transportation; 2) inability beyond Ajmerani’s reasonable control to obtain necessary labor, materials, components or manufacturing facilities; 3) any other commercial impracticability or cause beyond Ajmerani’s reasonable control; 4) strikes, labor issues, delay or defaults of the independent carriers, or failure or curtailment of Ajmerani’s source of supply. And in addition, Ajmerani shall have the right, in the event of the happening of any of the above or other force majeure contingencies, to cancel this agreement or any part thereof without any resulting liability.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
AJMERANI WEBSITE, ALL CONTENT AVAILABLE ON WEBSITE, AND PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, SERVICES, OR THE WEBSITE OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. AJMERANI DOES NOT MAKE ANY OTHER REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, WE DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND DUTIES, IMPLIED, EXPRESS, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE; AND (B) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY, COMPLETENESS, PRIVACY OR SECURITY. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE, AND THAT AJMERANI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE.

IN NO EVENT SHALL AJMERANI BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF AJMERANI’S PRODUCTS OR THIS WEBSITE, EVEN IF AJMERANI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF ANY DAMAGES. TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.

Ajmerani shall have discretion to enforce any provision of this Agreement or respond to a breach. Failure to respond to or enforce any provision of this Agreement or respond to a breach shall not constitute a waiver of any right. If any provision in this Agreement is invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Updates
Ajmerani may at any time revise this Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.