Terms Of Service
Welcome to the Punny Kreations Website! The Website is made available by Punny Kreations Gifts Trading LLC. Throughout the website, the terms “we”, “us” and “our” refer to Punny Kreations.
Overview
Punny Kreations offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.Punny Kreations.com, including any content, functionality and services offered on or through www.Punny Kreations.com (the "Website"), whether as a guest or a registered user.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you accept and agree to be bound and abide by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Registration, Accounts and Passwords
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including without limitation if, in our opinion, you have violated any provision of these Terms of Use.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. Punny Kreations reserves the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your card has been charged, we will issue a credit to the same account in the amount of the charge.
Pricing and Content Information
While Punny Kreations strives to provide accurate pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We do our best to provide you with great values on our website. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.
Modifications to the service and prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Trademarks and Copyrights
All of the names, titles, logos, and designs on Punny Kreations identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of Punny Kreations Gifts Trading LLC. All other names, titles, logos and designs appearing on Punny Kreations are the property of their respective owners. Any use of any trademarks appearing on Punny Kreations without the express written consent of the owner of the trademark is strictly prohibited.
Punny Kreations contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Content”) and the entire contents of Punny Kreations also are protected by copyright as a collective work and/or compilation under the UAE copyright laws, international conventions and other copyright laws. Punny Kreations and/or its affiliates own the copyright in the Content original to Punny Kreations and in its selection, coordination, arrangement and enhancement of the Content.
Products and Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Color and Image Disclaimer
Despite every effort to provide accurate images of each product's color and design, actual colors and design may vary slightly, due to different device screen settings, the lighting in the installation location, slight differences in product finishes over time and other factors. Punny Kreations will not accept responsibility for any color or design differences that are not factory faults. In purchasing from Punny Kreations, you agree to accept the small risk that there will be a slight variation between the actual color and design, and the representation on our website. In addition, please be aware that colors and textured finishes often vary between manufacturers.
Any returns for a product due to customer dissatisfaction with a finish (that is not a fault) will need to comply with Our Refund and Exchange Policy.
Indemnification
You agree to defend, indemnify and hold harmless each of Punny Kreations, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on Punny Kreations, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use Punny Kreations or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from Punny Kreations. You shall use your best efforts to cooperate with us in the defense of any claim.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL PUNNY KREATIONS, INCLUDING WITHOUT LIMITATION ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER PUNNY KREATIONS HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF PUNNY KREATIONS, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO PUNNY KREATIONS OR ANY OF THE SERVICES.
You expressly acknowledge that Punny Kreations Gifts Trading LLC has entered into this agreement, and has or may make Punny Kreations and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Punny Kreations. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Disclaimer
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH OUT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PUNNY KREATIONS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, PUNNY KREATIONS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Governing Law / Jurisdictional Issues
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Emirate of Dubai, UAE. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of Dubai and to waive any objections based upon venue.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
United Arab of Emirates is our country of domicile.
Minors under the age of 18 are prohibited to register as a User of this website and are not allowed to transact or use the website.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
Arbitration and Actions
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, Punny Kreations reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Termination
You acknowledge and agree that Punny Kreations, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of or access to Punny Kreations, and remove and discard any information or content related to Punny Kreations for any reason, including where Punny Kreations believes that you have violated any of these Terms and Conditions. You further agree that Punny Kreations shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with Punny Kreations or with any terms, conditions, rules, policies, guidelines, or practices of Punny Kreations Gifts Trading LLC in operating Punny Kreations, your sole and exclusive remedy is to discontinue using Punny Kreations or service.
General Provisions
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Punny Kreations and you pertaining to your use of Punny Kreations and supersedes any prior agreements between you and Punny Kreations with respect to the subject matter hereof. Punny Kreations’ failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
Punny Kreations does utilize “cookies” to help recognize you as a repeat visitor and to track traffic patterns on our site. We use this information only to improve the user-friendliness and functionality of Punny Kreations.
Changes to the TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.