Terms + Conditions
1. Ownership: EssexDuck.com (the “website”) is owned by Essex Duck (the “company”), a privately-held company based in the State of Connecticut (USA). For purposes of this agreement, EssexDuck.com and Essex Duck may be used interchangeably. Do not remove back cover—serious electrical shock may occur!
3. Product Selection: Essex Duck offers for sale an eclectic selection of rubber ducks and related products for people and pets. Participation by designers, artisans, manufacturers, and their respective representatives (collectively, “vendors”) is by invitation or approval only. Highly flammable—keep away from open flame!
4. Proprietary Information and Trade Secrets: We do not want to receive proprietary or confidential information or trade secrets through this website. Any information, materials, ideas, suggestions, or comments sent to us via this website (with the exception—of course—of personal and financial data required to process orders) will be deemed non-confidential, and by submitting such, you are granting us an unrestricted and irrevocable license to use, reproduce, modify, display, transmit, and distribute the same for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless required by law to identify the source of the information, materials, ideas, suggestions, or comments, or unless we first obtain your permission. Hold hands and look both ways before crossing the street!
5. Protected Material: EssexDuck.com contains content and material protected by United States and international copyright laws. All content and protected material on this website are the exclusive property of Essex Duck, its associates, and other respective owners. You may not download (other than page caching), copy, modify, delete, augment, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit for commercial or non-commercial purposes any of the content or protected material, in whole or in part, without the express written consent of Essex Duck, its associates, or other copyright, service mark, or trademark holder. Essex Duck’s content or protected material may not be used in connection with any product or service that is not Essex Duck’s or in any way likely (intentionally or unintentionally) to confuse customers or disparage or discredit Essex Duck or its owners. All activities are recorded on video tape to aid in the prosecution of any crime committed against this facility.
6. Electronic Communications: When you visit this website or send email to us, you are communicating electronically and consent to electronic communications from us. You agree that all notices, disclosures, agreements, and other communications that we provide you electronically (via email or website postings) satisfy any legal or other requirement that such communications be in writing. Mind the gap!
7. Security: We are committed to handling any personal data you provide to us with high standards of information security. We take appropriate physical, electronic, and administrative measures to maintain the security and accuracy of personally identifiable information we collect. Please note that email is not encrypted and is not considered to be a secure means of transmitting credit card information. Restricted area—authorized personnel only.
8. Privacy: We will not share your personal data with anyone, except as needed to process transactions or communicate with you. Where we do so, it will be on the basis of strict confidentiality and for no other purpose than to carry out services performed for you in behalf of Essex Duck. Furthermore, we will not sell to—or share with—any commercial entity your name, physical address, email address, telephone number, credit card information, or other specific personal information without your consent. Exceptions to this policy include: transfers of assets in the development of company business or the sale of the company or a substantial portion of its assets (which generally includes visitor and customer information); information given to cooperate with local, state, and federal officials in an investigation relating to purported unethical or unlawful activities of any user; information given to facilitate the payment for, or delivery of, goods or services you order or request from us or our associates. No trespassing—private property.
9. Placing an Order: Orders may be placed online or by calling 860.581.8578. After placing your order, you will receive an email from us acknowledging your order. Please note that this does not mean your order has been accepted. Your order constitutes an offer to purchase. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email. A contract between us will only be formed when we send you the acceptance email. We may choose to reject an offer of purchase if we feel we cannot supply you with the standard of service necessary to comply with our terms and conditions. May be habit forming.
10. Availability: In the event of us not being able to supply you with the goods promptly, or an item is no longer available, we will contact you to discuss your order. We will not be able to ship any items until we hear back from you. If you are no longer interested in placing the order, we will return full payment. Caution: filling may be hot!
11. Delivery: Your order will be fulfilled by the delivery date specified in the acceptance email, unless there are exceptional circumstances. A tracking number and a link to the relevant courier’s website will be emailed to you so that you may track the progress of your shipment. Please use other entrance.
12. Insurance: Essex Duck insures each purchase during the time it is in transit until it is delivered to the address specified by you, at which point responsibility for your purchased goods passes to you. Fragile—handle with care.
13. Payment: We accept Visa, MasterCard, and American Express. Prices exclude applicable sales tax and delivery costs, which will be added to the total amount due. Delivery costs are calculated according to the weight, size, and destination of your package, and any special handling or set up fees. Mix well before use.
14. Returns: When you return a product to us for a refund (under the conditions below), we will examine the product and notify you of the refund via email as soon as possible. In most cases, the refund will be by the same method used by you to pay for the purchase. If a product is returned because of a defect, we will refund the purchase price and the reasonable cost to you of returning the product. Please do not return items via overnight or otherwise expedited service. In all other cases, we will refund only the purchase price (but not the original delivery costs). You will be responsible for the cost of returning the product to us. All requests for returns must be initiated within seven days of delivery. Returned items will only be refunded to the original purchaser. Refunds in full will only be made for items returned in their original condition and packaging. Certain items are not eligible for return or exchange. These include (but are not limited to) items that are engraved, monogrammed, inscribed, or otherwise customized as to render them unsalable under normal conditions. In most cases, but not all, items not eligible for return or exchange will be so noted in the product description, in the order acknowledgement, or in the sales contract. All items for return or exchange must have a Return Merchandise Authorization (RMA) number. RMA numbers can be obtained by calling us at 860.581.8578. Once received, your RMA number should be written on your original invoice and on the return shipping label. The address to which the return should be sent is Essex Duck, 51 Main Street, Essex, CT 06426. Returns received outside the above conditions are accepted solely at our discretion. Emergency vehicles only beyond this point.
15. Product Liability/Warranty: We hope you will be totally satisfied with your order. Our liability in connection with any product is strictly limited to the purchase price of the product. We accept no liability for any loss of income or revenue, loss of business, waste of management or office time or for any indirect or consequential loss or damage of any kind, for any cause, even if foreseeable. Electronic material—
do not crush or drop.
16. Transfer of Rights and Obligations: The contract between us is binding on us and on our respective successors and assigns. You may not transfer, assign, charge, or otherwise dispose of a contract, or any of our rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract. Beware of dog!
17. Suitability of Content: We endeavor to provide non-offensive content and have the right to determine the suitability of any material, product, information, advertisement, or other form of participation on this website. However, we are not responsible for claims, damages, or liabilities resulting from the inclusion of content that others may deem unsuitable for such a website. We may remove or edit content at our sole discretion. Kids, don’t try this at home.
18. Use by Minors: Essex Duck’s offerings include gifts for children, but its products and services are only for use by adults. If you are under 18, you may use EssexDuck.com only with the involvement of your parent or guardian. Contents under pressure—
do not puncture or incinerate!
19. Associates: Essex Duck does not warrant or assume responsibility or liability (and shall be indemnified and held harmless by you) for the services; products and product descriptions; offers; offerings; pricing information or change in prices; business practices; actions; terms and conditions; shipping errors; claims; disputes; dissatisfaction; quality; fraud; damages; refunds; representations; restrictions; privacy or other policies; advice (gift related or otherwise); website content; operations; or any other issue of any associate (including vendors and other service providers). The associates of Essex Duck are subject to change. We make no claim or guarantee that associates and/or their offerings will remain the same or that a particular associate and/or its products, services, or other offerings will be available at all times. We are not responsible for associates that are no longer in business or that change their physical or Internet location(s). Don’t feed the bears.
20. Use/Links to Website: You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with us. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, is strictly prohibited. In any event, we are not responsible for, not do we endorse or accept liability for, the content of any third party websites that provide links to EssexDuck.com. Yield to oncoming traffic.
21. Third Party Websites: EssexDuck.com might contain links to third-party websites that are operated by others. These links are provided solely for your information and convenience. This does not mean that we endorse these websites. We do not make any warranties or representations about any website you might access via EssexDuck.com. We do not warrant that such websites are free from viruses or any other harmful elements. Furthermore, our privacy practices might differ from these third-party websites. If you access these websites, you do so at your own risk. If rash develops, discontinue use and seek medical attention!
22. Errors and Inaccuracies: Essex Duck attempts to provide content that is as accurate as possible. However, we do not warrant that the content of this website, our publications, or the websites of our associates are accurate, complete, reliable, current, or error-free. This website might contain typographical mistakes, inaccuracies, or omissions, some of which might relate to pricing and availability. Some information might not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions—including after an order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause. Contents may settle during shipping.
23. Force Majeure: We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations that is caused by events, acts, omissions or accidents outside our control, including, but not limited to: strikes or other industrial action, civil commotion, invasion, terrorist attack, war, fire, storm, flood, earthquake, or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. We will use our reasonable endeavors to find a solution by which our obligations may be performed in such an event. Watch your head.
24. Disclaimers and Limitations of Liability: This website is provided on an “as is” and “as available” basis. Essex Duck makes no representations or warranties of any kind, expressed or implied, as to the operation and availability of this website. We do not warrant this website, its servers, or email sent from us (or the websites, servers, and email of our associates) to be free of viruses, errors, defects, or other harmful components. Under no circumstances shall Essex Duck or its associates be liable for direct, indirect, incidental, punitive, special, consequential, or other damages that result from the use of or the inability to use EssexDuck.com (or the websites of our associates) including, but not limited to delays in operation or transmission, deletion of files or email, or any failure of performance, whether or not resulting from acts of God, power failures, communications failure, theft, destruction, or unauthorized access to our records, programs, or services. In states that do not allow the exclusion or limitation of liability for consequential, incidental, or other damages, liability is limited to the fullest extent permitted by law. To the full extent permissible by law, Essex Duck disclaims all warranties, implied warranties, and fitness for a particular use or purpose of the information, suggestions, advice, products, services, or associates represented on this website. Under no circumstances shall Essex Duck be liable for any losses, claims, disputes, dissatisfaction, mental or emotional anguish, or other damage caused by your reliance on information obtained through Essex Duck, its associates, or its publications. It is your responsibility to evaluate the information, opinions, advice, or other content available through Essex Duck, its associates, and its publications. No lifeguard on duty—swim at your own risk!
25. Jurisdiction and Applicable Law: For any dispute between you and Essex Duck, jurisdiction shall be the State of Connecticut, and the laws of the State of Connecticut shall apply in all cases. We may seek injunctive or other appropriate relief in any state or federal court in the State of Connecticut, or, at our sole discretion, submit disputes to confidential arbitration in the State of Connecticut. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. Danger—this equipment starts and stops automatically!
26. Indemnity: You agree to defend, indemnify, and hold harmless the company, its officers, directors, employees, and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert, and accounting fees, incurred in connection with any claims, actions, or demands alleging or resulting from your use of the material (including software), your breach of this agreement, or your violation of law or of the rights of any third party. The company shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit, or proceeding. Don’t feed the bears!
27. General: If any provision of this agreement is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. The failure of the company to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website must be filed within one (1) year after such claim or cause of action arose or be forever barred. Watch for falling rocks!
28. Termination of Use: We may terminate or suspend your access to all or part of EssexDuck.com, without notice, for any conduct we, in our sole discretion, believe violates any law or is harmful to our interest or the interests of our associates. Refrigerate upon receipt.
29. Website Modification and Severability: Essex Duck reserves the right to make changes to its website, policies, and terms and conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, said condition(s) shall be deemed severable and shall not affect the validity and enforceability of any remaining condition(s). Draw bridge ahead.
30. Acceptance: This agreement represents the entire understanding between you and Essex Duck. By using this website, you agree to be bound by this agreement and expressly agree that the use of EssexDuck.com is at your own risk. If you do not wish to be bound by these conditions, please exit this website immediately. Buckle up!