THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE PAGAN-MART STORE, APP STORE, AND BOOKSTORE SERVICES. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES.
A. PAGAN-MART STORE, APP STORE, AND BOOKSTORE TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
The Pagan-Mart Store, App Store, and Bookstore services (“Services”) accept these forms of payment: credit cards, payments through your PayPal account, Pagan-Mart Store Gift Certificates, Content Codes, and Allowance Account balances. If a credit card or your PayPal account is being used for a transaction, Pagan-Mart may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction. If you are using 1-Click purchasing or your PayPal account, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on your statement. If a Pagan-Mart Store Gift Certificate, or Allowance Account is used for a transaction, the amount is deducted at the time of your transaction. When making purchases, content credits are used first, followed by Gift Certificate, or Allowance Account credits; your credit card or PayPal account is then charged for any remaining balance.
You agree that you will pay for all products you purchase through the Services, and that Pagan-Mart may charge your credit card or PayPal account for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PAGAN-MART WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the payment process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online in the Account Information section of Pagan-Mart; this may temporarily disrupt your access to the Services while Pagan-Mart verifies your new payment information.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable. No customers are eligible for tax exemptions.
All sales of products are final.
Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Pagan-Mart.
GIFT CERTIFICATES, PAGAN-MART CARDS, ALLOWANCES, AND CONTENT CODES
Gift Certificates, Pagan-Mart Cards, and Allowances are issued and managed by Pagan-Mart (“Issuer”).
Gift Certificates, Pagan-Mart Cards, Content Codes, and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts, Gift Certificates, or Pagan-Mart Cards; used to provide Allowances; used for purchases on the Pagan-Mart Online Store. Unused balances are not transferable.
Gift Certificates, Pagan-Mart Cards, Content Codes, and Allowances purchased in the United States may be redeemed through the Services only in the United States.
The Gift Certificate/Pagan-Mart Card cash value is 1/10 of one cent.
Neither Issuer nor Pagan-Mart is responsible for lost or stolen Gift Certificates, Pagan-Mart Cards, Content Codes, or Allowances.
Pagan-Mart reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, Pagan-Mart Card, Content Code, or Allowance is fraudulently obtained or used on the Service.
PAGAN-MART, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, PAGAN-MART CARDS, CONTENT CODES, ALLOWANCES, OR THE PAGAN-MART STORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, PAGAN-MART CARD, CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, PAGAN-MART CARD, CONTENT CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
Risk of loss and title for Gift Certificates, Pagan-Mart Cards, and Allowances transmitted electronically pass to the purchaser in Virginia upon electronic transmission to the recipient. Risk of loss and title for Content Codes transmitted electronically pass to the purchaser in California upon electronic transmission to the recipient.
GIFTS
Gifts purchased from the Services may be purchased only for, and redeemed only by, persons in the United States. Gift recipients must have compatible hardware and parental control settings to utilize some gifts.
PRE-ORDERS
By pre-ordering products, you are authorizing the Services to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available.
ELECTRONIC CONTRACTING
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Pagan-Mart is not responsible for typographic errors.