Terms and Conditions.

Every sale of product on this website by Maisy’s Martinis (the “Company”) is subject to the following terms and conditions. By proceeding with your purchase, you agree to the following:

1.  No Refunds/Returns

All sales are final, and no refunds and/or returns will be given under any circumstance.

2. Indemnification 

You, on behalf of yourself, and your pet, spouse, children, parents, heirs, beneficiaries, representatives, family members and agents, hereby agrees to indemnify and hold harmless the Company and its subsidiaries, owners, affiliates, operating companies and employees harmless from and against any and all claims, losses, liabilities (including reasonable attorneys’ fees), demands or actions of whatever nature due to or arising from the purchase of the product, except for claims arising from the gross negligence and/or willful misconduct of the Company.

3. Limitation of Liability

You expressly agree that the Company’s total and complete liability under this Agreement with respect to any and all products purchased by you shall never exceed the amount you paid for the product (the "Capped Damages"). You, on behalf of yourself, your pet, spouse, children, parents, heirs, beneficiaries, representatives, family members and agents hereby waive any and all claims for damages of any kind exceeding the amount of the Capped Damages including, but not limited to, compensatory, consequential, and/or punitive or exemplary damages.

4. Force Majeure

In the event the Company, or its suppliers, shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of weather, strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature beyond the reasonable control of that party, in performing work or doing acts required under the terms of this Lease, then performance of such act shall be extended for a period equivalent to the period of such delay.

5. Venue/Jurisdiction

You hereby agree that Wayne County Circuit Court or 36th District Court in Michigan (depending on the amount in controversy) shall be the sole and exclusive venue and jurisdiction for any litigation arising in any way from your purchase of product from the Company, and you expressly and knowingly consents to such venue and jurisdiction and expressly waives any claim that you are not subject to the jurisdiction of these courts. Moreover, Client expressly and knowingly waives any right to either file an action in federal court and/or remove any pending action to federal court.

6.  Attorney Fees

In the event any litigation is commenced in any way arising from this Agreement, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party all costs and actual attorney fees incurred in such litigation.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.