Terms & Conditions
These terms and conditions, and those on the referred in the following, (these “Terms“) apply to the purchase and sale of products and services through Gummydryingtrays.com (the “Site“). These Terms are subject to change by Willow Way (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced above. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see here) as well as our warranties and return terms (see here), all of which are part of the Terms.
Prices and Payment Terms:
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, PayPal, Wire Transfer, and ACH for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Shipments/Delivery/Title and Risk of Loss:
We will arrange for shipment of the products to you. Please check the Ordering & Shipping page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Some equipment on this website may require a freight shipment. Orders requiring a freight shipment will be paid in two payments – the first payment for the equipment total and the second payment for shipping costs. You will be contacted within 24 hours of order placement with an invoice and payment link for your shipping costs. Willow Way reserves the right to cancel an order should a customer refuse to pay shipping charges. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
With international shipments, there is always the possibility of Brokerage fees, Customs fees, Duties, Taxes, Value Added Taxes (VAT), Goods and Services Tax (GST) and General Consumption Tax (GCT) etc. that may be assessed against a shipment. The tax type and tax rate will vary from one county to another. It is your responsibility to know and understand the taxes in the country you are having our products shipped to. Some countries will require that duties and taxes are paid prior to the release of the goods. Please be prepared to act quickly to avoid delays or incur storage fees. These fees are not included in your payments to Willow Way.
Force Majeure:
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Dispute Resolution and Binding Arbitration:
YOU AND WILLOW WAY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by the following The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration shall take place Indianapolis, Indiana and the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability/validity of this arbitration provision, including any unconscionability challenge.