Terms and Conditions
Last Updated: 10/27/2017
These Terms & Conditions apply to Gift Shop at Wright’s Farm website located at www.wrightsfarmstore.com and all other sites, services, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “Gift Shop at Wright’s Farm”, “us”, or “we” refers to Gift Shop at Wright’s Farm and its subsidiaries and affiliates.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of Gift Shop at Wright’s Farm or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Gift Shop at Wright’s Farm and protected by U.S. and international copyright laws. Gift Shop at Wright’s Farm and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
Gift Shop at Wright’s Farm grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the UNLAWFUL OR PROHIBITED USES section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
UNLAWFUL OR PROHIBITED USES
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Gift Shop at Wright’s Farm that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
- Make any commercial use of the Site or its content, including making any collection or use of any product listings, descriptions, prices, or images;
- Download, copy, or transmit any content for the benefit of any other merchant;
- Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Gift Shop at Wright’s Farm or generally publicly available browsers;
- Frame, mirror, or use framing techniques on any part of the Site without Gift Shop at Wright’s Farm’s express prior written consent;
- Make any use of data extraction, scraping, mining, or other data gathering tools; create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
- Use any meta tags or any other hidden text utilizing Gift Shop at Wright’s Farm’s name or marks;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- Use a buying agent to conduct transactions on the Site;
- Conduct fraudulent activities on the Site;
- Violate or attempt to violate the security of the Site, including, without limitation:
- Accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
- Trying to change the behavior of the Site;
- Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
- Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”;
- Forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Site (impersonating the Gift Shop at Wright’s Farm website) or to the Site (impersonating another user);
- Send unsolicited or unauthorized email on behalf of Gift Shop at Wright’s Farm, including promotions and/or advertising of products or services;
- Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the functionality of the Site or any activity being conducted on the Site;
- Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- Harvest or collect personally identifiable information about other users of the Site; restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- Use the Site to advertise or offer to sell or buy any goods or services without Gift Shop at Wright’s Farm’s express prior written consent;
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
- Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site’s Copyright Notice
Gift Shop at Wright’s Farm grants you permission to print individual pages from the website, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating or purchasing Gift Shop at Wright’s Farm’s services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:
- Use the materials for any commercial purpose or any public display (commercial or non-commercial);
- Remove any copyright, or other proprietary notations from the materials;
- Transfer the materials to another person or “mirror” the materials on any other server.
Gift Shop at Wright’s Farm makes no warranties or representations to you that your use of any materials displayed on the website will not infringe the rights of third parties.
“Gift Shop at Wright’s Farm,” “Wright’s Farm Restaurant Gift Shop”, “Wright’s Farm Gift Shop”, “Wright’s Gift Shop” its other brand names and its logos are trademarks of Gift Shop at Wright’s Farm. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without the prior written permission of Gift Shop at Wright’s Farm. The use or misuse of any of these marks or other information is strictly prohibited.
Products offered on the website constitute a selection of those which are presented in Gift Shop at Wright’s Farm’s retail store. If you wish to avail yourself of a broader choice, you are invited to visit Gift Shop at Wright’s Farm Retail Store. The products on the website are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act, which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase. If, in spite of all the care taken by Gift Shop at Wright’s Farm, there are inaccuracies in the presentation on the website, Gift Shop at Wright’s Farm shall in no event incur any liability therefor. Gift Shop at Wright’s Farm does not warrant that item descriptions or other content of the website is accurate, complete, reliable, current, or error-free. If a product offered on the website is not as described, your sole remedy is to return it in unused condition for a refund. Photographs illustrating the items for sale are not included within the scope of the contract. They have solely an indicative value, given the alterations that may occur as a result of their uploading onto the site.
Gift Shop at Wright’s Farm strives to display as accurately as possible the colors of the products shown on the Site; however, Gift Shop at Wright’s Farm cannot and does not guarantee that your monitor’s display of any color will be accurate.
Limitation of Warranty and Damages
The information on the website is provided “as is” and without warranties of any kind, either expressed or implied, including all warranties of merchantability and fitness for a particular purpose. Gift Shop at Wright’s Farm makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this website. Gift Shop at Wright’s Farm makes no warranty that the website will be available, uninterrupted, error-free, or free of viruses or other harmful components. Gift Shop at Wright’s Farm further makes no warranty that you will achieve successful results from following any instructions or directions on the website.
The foregoing also applies to any information in any websites hyperlinked to this website. Such links are provided for your reference only. Gift Shop at Wright’s Farm does not control such third party sites and is not responsible for the content of or any products or services offered on those sites. The material could contain inaccuracies or be outdated.
In no event will Gift Shop at Wright’s Farm be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the website or use thereof, or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Gift Shop at Wright’s Farm, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Return & Cancellation Policy
For all returns and cancellations, please see our Return & Cancellation Policy.
Prices are firm and final. They are expressed in U.S. dollars. All taxes are included in the summary of the order, if applicable. Gift Shop at Wright’s Farm reserves the right to modify prices at any time, without notice and without any other formality except to incorporate the modifications into the website, but items ordered are invoiced at the price displayed at the time the order was placed. Despite our best efforts, a small number of the items on the website may be mispriced. 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. Gift Shop at Wright’s Farm reserves the right to limit quantities. All shipping costs are invoiced in addition, and indicated on the summary of the order before its final approval by you. We encourage you to print and maintain a copy of your purchase order for your records.
Payment, expressed in US Dollars, shall be made exclusively online through the website via MasterCard, Visa, American Express, or Discover. Gift Shop at Wright’s Farm does NOT charge your credit card until after your order has entered the shipping process.
Limitations on Quantity
Gift Shop at Wright’s Farm does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.
A guided search allows you to find a selection of items from the Gift Shop at Wright’s Farm’s collection on the website and then to make your choice from this selection in order to place your order. Your order is carried out in three steps:
1. The first step consists of approval – by you – of the articles chosen for your order.
2. The second step consists of your entry of the necessary pieces of identification and other information required for the execution of the order, namely, in particular, the following items: name, complete delivery address, payment information, email and billing address.
To that end, you may create an ‘account’ identified by your e-mail address and a password chosen by you, or you may check out as a guest, without creating an account. If you have already ordered from the website and created an account, these pieces of identification and other information will have been saved; you will then need to call up your account (by inputting your e-mail address and password); once connected to your account, you may, if necessary, modify any information.
3. The third step consists of the final approval of the order.
You are presented with a summary of the order – valid and binding as a purchase order – including all items selected, delivery, payment information and billing addresses, the total amount of the said items, taxes, and shipping and handling costs. At this point, you will verify the summary of the order and make, if desired, any modifications to it. After such modifications, you will be presented with a new summary of the order so modified. Any order whether modified or not must receive final approval on the part of the customer, based on the summary described. This action is effected by clicking on the ‘confirm’ button. This click constitutes an electronic signature that has, between the parties, the same validity as a handwritten name. Gift Shop at Wright’s Farm commits to preparing the order in the shortest possible time. You will be advised of the shipment of the order via e-mail.
AVAILABILITY, ERRORS, AND INACCURACIES
Gift Shop at Wright’s Farm’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Gift Shop at Wright’s Farm makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Gift Shop at Wright’s Farm reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will either contact you with the information you provided or cancel your order and notify you of such cancellation via phone or email address provided.
If you submit information to us or post information or materials to the website, excluding financial information, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, photographs, video or other media materials, concepts or other information (collectively, the “Submitted Information”), you are giving the Submitted Information to Gift Shop at Wright’s Farm free of charge, and the Submitted Information will be treated as non-confidential and non-proprietary and may be used by Gift Shop at Wright’s Farm for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by email, through a form on the website, on a public forum, or in any other manner. Submitted Information may be readily viewed by Gift Shop at Wright’s Farm and the general public.
You grant Gift Shop at Wright’s Farm a royalty-free, perpetual, irrevocable, and fully sub-licensable right to use such Submitted Information throughout the world in any media for any purpose. You further grant Gift Shop at Wright’s Farm and our sub-licensees the right to use the name that you submit with the Submitted Information. You waive any rights you may have in modifications or alterations to your Submitted Information. In addition, you hereby waive all moral rights you may have in the Submitted Information.
If you believe that any Submitted Information has been used on the website in a manner that violates an intellectual property right or other proprietary right, please contact us at firstname.lastname@example.org. You will not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law or seek to exploit or harm children. You are solely responsible for any material you submit to us. You represent and warrant that you own or otherwise have rights to use the Submitted Information; that the same is accurate; and that use of the Submitted Information will not cause injury to any person or entity. You will not submit any material which contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Gift Shop at Wright’s Farm website or any connected network, or otherwise interferes with any person’s or entity’s use or enjoyment of the Gift Shop at Wright’s Farm website. You further agree to defend and indemnify Gift Shop at Wright’s Farm for any breach of this agreement.
Gift Shop at Wright’s Farm does not endorse opinions submitted to our public forums. In addition, the public forums are for noncommercial use. You agree not to use any public forum for commercial solicitations or advertising or to promote websites or entities that are competitive with Gift Shop at Wright’s Farm. While we may not review, monitor, filter or edit every message posted by our visitors, we reserve the right to edit or delete messages in our sole discretion.
Through your usage of the website, you may submit and/or Gift Shop at Wright’s Farm may gather and track your page views, how you came to visit the site, and length of time viewing pages. Gift Shop at Wright’s Farm is free to use such information for internal studies and analysis.
Registration and Online Store
Termination of This Agreement
Gift Shop at Wright’s Farm may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience. You may terminate this agreement at any time by destroying all materials received from the website and ceasing to use the website.
This agreement has been made in and shall be construed in accordance with the laws of the State of Rhode Island. By using this website, you agree to the sole and exclusive venue and jurisdiction of the state and federal courts of Providence County, Rhode Island for any and all disputes arising out of or related to this agreement or the use of this website.
United States Only
All materials on this website are provided solely for the purpose of promoting Gift Shop at Wright’s Farm’s operations, services and products in the United States, its territories, possessions and protectorates. Gift Shop at Wright’s Farm makes no representation that the materials on the website are appropriate or available for use in other locations. If, despite these conditions, you use the website from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.
Any questions may be directed to:
Gift Shop at Wright’s Farm
84 Inman Rd.
Harrisville, Rhode Island 02830
Phone: (401) 765-5745