Terms & Conditions
These terms and conditions (the "Terms") set forth the terms on which Attitude Novelty LLC. governs your access to and use of this web site.
By visiting or using the Website, you acknowledge that you have read and that you agree to abide by the Terms, including the Privacy, Refunds, Exchanges and Refund, and Shipping Policy. You must be the age of legal accountability or older in your place of residence to use the Site. If you allow a minor to use your computer, as defined below, to access the Site, you agree to supervise and be responsible for the minor’s actions. If at any time you no longer agree to be bound by these Terms, you should immediately cease use of this Site.
You agree that the use of The Website is at your sole risk.
Limitations of Liability. EXCEPT AS SPECIFICALLY STATED ON THIS SITE, UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE SHALL ATTITUDE NOVELTY LLC NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, RELATED COMPANIES, SUBSIDIARIES, MERCHANTS, CONTENT PROVIDERS OR ANY OTHER PARTY INVOLVED IN THE CREATION OR MAINTENANCE OF THIS SITE BE LIABLE FOR THE FOLLOWING ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE: INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. ATTITUDE NOVELTY LLC, ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IN NO EVENT DOES ATTITUDE NOVELTY LLC ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY USER CONTENT AND YOU AGREE TO WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST ATTITUDE NOVELTY LLC WITH RESPECT TO SUCH USER CONTENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Shopping. Products, price, and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Attitude Novelty does not guarantee, warrant, or endorse any product. Attitude Novelty does NOT have any liability or responsibility for the quality or performance of any product purchased. The Website will require certain information from you if you want to order from Attitude Novelty. Please read the Privacy Policy for more detailed information.
When an order is placed, we may ask you for certain information (for example your name, phone number, postal address, email address, billing card name and address).
This information will be kept securely and may be used to:We will never collect sensitive information about you without your agreement.
The prices on our website do not include any Sales Tax that may be due. (Depending on your shipping address) If any sales tax is due, it will be added to the final bill amount at the end of the transaction.
We always try to make sure that all prices on our website are accurate, but errors may occur. We will inform you as soon as possible using the contact details you have provided if we discover any error in the pricing of the products you have purchased. You will then have an option to cancel the order or reconfirm your order at the correct price. If we are unable to reach you or you do not get back to us in 10 business days, we will cancel your order.
Orders and Acceptance. All orders are subject to these Terms. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Attitude Novelty reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Color. Attitude Novelty has made every effort to display as accurately as possible the colors of the advertised products that appear on the Site. However, the actual colors you see will depend on your monitor.
Promotional Offers and/or Contests. Attitude Novelty reserves the right to cancel any order due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel any promotion due to system error or unforeseen problems at any time. Please read the Terms and Conditions and the official rules that may accompany each promotion, offer, coupon, discount, and/or contest. Promotional offers and discounts do not apply to shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
Privacy
Attitude Novelty takes your privacy and the protection of your personal data very seriously. This statement describes why a nd how we collect and use personal data and provides information about your rights in relation to that data. We aim to be transparent about what data we collect, why we collect it and what we use it for. Please see the relevant sections of this statement for specific details.
To enable you to purchase goods from us, we need to collect certain personal information from you when you make a purchase, contact us, or interact with us.
We only ever collect information that is necessary for us to be able to process payments for your orders and to be able to
deliver your products to you. We may also collect certain information when you contact or interact with us by way of email
or by using the website contact enquiry form. We will keep your information for as long as is needed and only for the
following purposes:
º legitimate business activities
º statutory or legal obligations
º auditing and regulatory purposes
When you make a purchase or an enquiry about any of the products we offer, we will require you to provide us with certain
information. This may include some or all the following:
º full name
º billing address
º delivery address
º mobile phone number or landline number
º email address
The information we hold is always visible to you when you log in on the website and visit to the "Account" section accessible from the top of the page or home page. The specific information including billing and delivery addresses for each order are accessible through the orders in the account section. You can update your personal details and email preferences through this page at any time, although historical order address and billing information cannot be changed as this is required for legitimate business purposes.
We do not share or pass any of your information on to any third parties and your information is always securely stored in our systems.
When you visit our website, we will collect certain data automatically. This may include (but isn’t limited to) the
following:
º your IP address
º your device screen resolution
º information about your browser software
º geolocation data such as the city or region to which your IP address is
allocated
We will also place cookies on your device to enable you to browse and make purchases from the website. Please see our Cookie Policy on the website for further details. Please remember, that whilst we make every effort to secure your personal information, the internet is not 100% secure. We cannot guarantee the security of any information you send us online. We are also not responsible for any loss or damage you or others may suffer as a result of losing the confidentiality of your information.
Purchase and delivery of products and services. We use your information to be able to process payment for goods purchased from the website and in order to be able to deliver purchased products and services to you. We will also contact you with emails confirming that an order has been received and emails advising of status updates to your orders along with dispatch information to enable you to track the arrival of your purchases where applicable.
Where your information has been collected as a result of your making an enquiry by way of email, telephone or the website contact form, we will use your information to contact you with a response to your enquiry.
Where you have indicated by way of signing up to our newsletter by subscribing on the website, or by opting in to receive marketing and promotional material at the checkout, we will use your personal data to contact you with newsletters and/or promotional material we believe may be of interest to you. Occasionally we may run prize draws, competitions, promotions, and surveys. If you take part in these promotional activities, we'll use the personal data you provide for these activities.
We may use performance tracking technology within our emails to capture information including (but not limited to) the time and date you open our emails and the type of device you used to open them. This allows us to determine if our emails are opened, and what links our customers click on within them. We use this information to improve the emails we send to our customers and the services we provide.
If you do not wish to receive newsletters or emails containing promotional materials from us as explained above, you can update your preferences by logging into your account and updating your preferences. If you are not registered for an account with us, you can unsubscribe from the newsletter by clicking on the "unsubscribe" link displayed at the top and bottom of each newsletter.
Data protection laws require that in order to collect and process your personal data, we must have a legitimate reason for
doing so. These reasons can be any one or more of the following:
º to fulfil a contract we have with you
º if we have a legal duty to use your data for a particular reason
º when you consent to it
º when it is in our legitimate interest
We use the basis of contract because you provide us with your personal data in order to make purchases from our website. Our use of your information is therefore governed by contract terms. You choose to provide us with this information - if you choose not to provide it, you will not be able to make purchases from our website.
Under the basis of contract, we process your data for the following purposes:
º enabling you to access our website and purchase our products
º advising you about significant changes to our products, terms, or privacy policy
º providing customer support
º sending you service-related communications
º responding to enquiries and complaints
º managing competitions and promotions
When we collect other information from you, we will seek your consent. An example of this would be when you use our website, we will seek your consent to placing one or more cookies on your device to enable you to make purchases from the website. If you do not want to give consent, or you remove your consent at a later point, we may not be able to provide some of the functionality that you require.
We will also seek your consent in the following circumstances:
º Marketing and promotional material – from time to time we would like to let you know about products,
promotions and offers that may be of interest to you
º Prize draws and competitions – occasionally we run competitions and prize draws for our customers. In
order for you to be included in these offers, we would require your consent
Legitimate interests are our business and/or commercial reasons for using your data. In the United States of America, the law allows this where the benefits of doing this are not outweighed by the interests or fundamental rights or freedoms of the individuals concerned.
Under the basis of Legitimate interests, we process personal data for the following purposes:
º in order to comply with legal and regulatory requirements - as a business we have an obligation to
maintain records for company and tax reporting purposes
º maintaining our records and other administrative purposes - to enable us to maintain up-to-date and
accurate details
º for the resolution of complaints and disputes - in the event of complaints or problems, we can
investigate to resolve issues for our customers
º marketing purposes - in order to grow our business and deliver better service to our customers, we use
information to market products. We ensure that customers can access the information that we hold and that they can
clearly understand how we use that data. We also ensure that you have the right to correct or restrict that information
and how to complain if you are unhappy about how we use your data.
º tracking website activity - this helps us to understand how our customers use our website and enable
us to identify ways to improve our user experience
º email tracking - this helps us to improve the way that we communicate with our customers in order to
better meet their needs
º staff training - to enable our staff to offer the best possible standard of service, we use the
information that we collect to train our staff
You have the right to be informed about the collection and use of your personal data. We do this in our website Privacy Policy and other documents on the website.
You have the right to access your personal data and supplementary information, and to amend and correct such data.
If you are a registered customer on our website, this can be done by logging into your account on the website and visiting the "Account" section where you can view and amend all the personal information that we hold on to.
If you are not registered as a customer on the website, you have the right to obtain:
º confirmation that your data is being processed
º access to your personal data
º other supplementary information
You have the right to have your personal data erased if:
º the personal data is no longer necessary for the purpose which it was originally
collected
º we rely upon consent as the lawful basis for holding the data and you withdraw
consent
º we rely upon legitimate interests as the lawful basis for processing, and you object to the processing
of your data and there is no overriding legitimate interest to continue this processing
º we are processing your personal data for direct marketing purposes and you
object to that processing
º we have processed your personal data unlawfully
º we have to do it to comply with a legal obligation
The right to erasure does not apply where processing is necessary for one of the following reasons:
º to exercise the right of freedom of expression and information
º to comply with a legal obligation
º for the performance of a task carried out in the public interest or in the
exercise of official authority
º for the establishment, exercise or defence of legal claims
We will not charge for initial requests to provide information, but may charge a fee if requests for further copies of the same information are made. We will provide the requested information to you within a month of receiving your request.
Where a request is manifestly unfounded or excessive, particularly if it is repetitive, we may charge a fee to provide the information requested or refuse to respond. In such cases, we will inform you and explain our reason.
Before we proceed with any request, we will take steps to verify the identity of the person making the request.
To exercise any of your rights detailed above you can contact us as detailed below. We take the privacy of your personal
information very seriously. If you ever feel you need to complain about how we've handled your personal information
and data, you can contact us as follows:
In writing:
Data Protection Officer/Privacy Officer
Attitude
PO BOX 5114
Englewood CO 80155
Email: info@attitudenovelty.com
We keep your data only for as long as we need it. How long we need data depends on what we are using it for, whether that is to provide services to you, for our own legitimate interests (described above) or so that we can comply with the law.
We will regularly review the information we hold and when there is no longer a customer, legal or business need for us to hold it, we will either archive it securely or delete it entirely.
We protect your personal data against unauthorized access, unlawful use, accidental loss, corruption or destruction.
We use technical measures such as encryption and password protection to protect your data and the systems they are held in. We also use organizational measures and controls to restrict and limit the number of people who have access to any personal information. We constantly review these security measures and refer to industry security standards to keep up to date with current best practice.
Please remember, that whilst we make every effort to secure your personal information, the internet is not 100% secure. We
cannot guarantee the security of any information you send us online. We are also not responsible for any loss or damage you
or others may suffer as a result of losing the confidentiality of your information.
It is important for you to protect against unauthorized access to your password and to your computers, devices, and
applications. We recommend using a unique password for your account that is not used for other online accounts. Be sure
to sign off when finished using a shared computer.