Terms Of Service

EPIPHANYWITHTIFFANY.COM TERMS AND CONDITIONS

Effective Date: May 1, 2021

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH EPIPHANYWITHTIFFANY.COM OFFERS YOU ACCESS TO ITS SERVICES AND THE PURCHASE OF ITS PRODUCTS AND/OR SERVICES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ITS PRODUCTS OR SERVICES.   

Tiffany Gaines provides this website, epiphanywithtiffany.com (“Website”) and the related services (“Services”) to You the user (“You,” or “Your”). As a condition of Your use of the Services, You, the user, agree to these Terms and Conditions (“Agreement”) along with the epiphanywithtiffany.com Privacy Policy, which is hereby incorporated into this Agreement by reference. Should You not agree to the terms of this Agreement, please do not use this Website or the related Services. When you book a Service through the Website, You will be required to agree to the terms of this Agreement which shall apply to all Services provided to You by Tiffany Gaines.  

We may amend this Agreement from time to time by posting new Terms and Conditions to the Website.  Users are required to check this Agreement for updates periodically and we have no obligation to inform users of any amendments to the Agreement. Any use by a user of the Website or Services after the new Terms and Conditions are posted shall be deemed to constitute an agreement by the user to the amended Agreement.

  1. Purchase of Products and/or Services. The Products and Services offered by the Website allow consumers to purchase astrology readings, life coaching sessions, and styling consultations, products (“Products”) and services (“Services”). To purchase Products and Services through this Website, You will be required to select the Products or Service, complete the online form, and provide all the required information. We may modify, change, add, or discontinue Products and Services from time to time without any prior notice to users and we reserve the right to modify or change pricing for Products and Services without any prior notice to users.

  2. No Minors. You must be at least eighteen (18) years of age to use the Products and Services and are available only to individuals who can form legally binding contracts under applicable law. We reserve the right to refuse access to or use of the Website, Products, or Services to anyone not complying with this Agreement, at any time, in its sole discretion.

  3. Credit Cards. All orders of Products and Services will require a valid credit card. You represent and warrant to us that You are the valid holder of the credit card used to purchase Products and Services, and if You are not the account holder of the credit card, You have all requisite power and authority to use and incur charges on such credit card on behalf of the account holder. In the event that we believe that You are not authorized to incur charges on the credit card, we may immediately suspend Your order.

  4. No Substitutions. The Products offered through the Website have been preselected and we will not allow You to substitute or modify Products or Services.

  5. Incomplete Information. In order to purchase the Products and Services, You are required to provide us with complete information. If the information is incomplete, we will attempt to contact You. However, in the event that we are unable to contact You, we may cancel Your order or service.

  6. Shipping and Delivery. Delivery is limited to addresses located within the United States of America. All Products will be shipped to the delivery address that You provide and will be shipped within three (3) business days of when You place Your order. All Products will be shipped through standard ground delivery, and we will email you a tracking number once the order is shipped.

  7. Cancellation or Changes. You may cancel or change an order or service booked so long as such cancellation or change is made within twenty-four (24) hours of the initial order by contacting us at tiffany@epiphanywithtiffany.com No cancellation or changes after that time will be permitted.

  8. Sales Tax. Sales tax will be added to all orders based on the shipping address of the order and will be based on the current tax rate for the delivery location on the date of the order.

  9. No Returns. We do not permit returns of any Products or Services purchased through the Website except as provided in Section 10 below.

  10. Damaged Items or Incomplete Products. In the event that any items in a Product are damaged or the Service is incomplete, You may contact us at tiffany@epiphanywithtiffany.com within fifteen (15) days of the delivery date or service appointment. We, in our sole discretion, may issue a replacement Product or Service or allow You to return the Product or Service subject to our right to require photographic evidence of any damage before issuing a replacement. In the event that we accept a return, You will be responsible for paying all shipping costs for the return.

  11. Electronic Communications. When You send emails, order Products or Services through the Website, or visit the Website, You are communicating with us electronically. By providing us with a telephone number, email address, and other contact information when ordering Products or Services, You agree to receive communications, including email and calls (including text messages), from or on behalf of us at the email address or telephone number You provided, even if that number is on a National or State Do Not Call List.

  12. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TIFFANY GAINES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FORGOING LIMITATIONS SHALL NOT APPLY TO RESIDENTS OF STATES WHERE SUCH LIMITATIONS ARE PROHIBITED.

  13. Limitation of Liability. YOU AGREE THAT TIFFANY GAINES, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES.

  14. Indemnification. You agree to indemnify and hold harmless this Website, Tiffany Gaines, their officers, directors, employees, third party licensors, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims related to Your use of the Products and Services.

  15. Governing Law and Venue. Your use of the Website, use of the Services, use of the Products, and this Agreement shall be governed by the laws of the State of California where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction located in Contra Costa County, California.

  16. Class Actions. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN, OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AS TO ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST TIFFANY GAINES OR THIS WEBSITE. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT.

  17. Attorneys’ Fees. In the event that we must bring legal action in order to enforce this Agreement or You bring legal action against us, and if we prevail, You shall pay our costs of litigation, including reasonable attorneys’ fees and court costs.

  18. Assignment. This Agreement and any rights granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction

  19. Notice and Service of Process. All notices, requests, claims, demands and other communications to Tiffany Gaines shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for Service of Process to Tiffany Gaines).

We are authorized to send any notices to You under this Agreement to the mailing address, facsimile number and/or e-mail address associated with You, as such information may be updated by You from time to time. In the event that You have not provided us with a valid mailing address, facsimile number and/or e-mail address, You agree that Service of Process through the Secretary of State where You reside shall be deemed effective service of process. 

  1. Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.