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Terms of Use

Terms of Use
Last updated: July 24, 2023


Welcome to purplefernbooks.com

Purple Fern Books/Quik Send Express LLC and/or its affiliates provide website features and other products and services to you when you visit or shop at purplefernbooks.com, use Purple Fern products or services, use Purple Fern applications for mobile, or use software provided by Purple Fern in connection with any of the foregoing (collectively, “Purple Fern Services”). Purple Fern provides the Purple Fern Services subject to the following conditions.
By using Purple Fern Services, you agree to these conditions. Please read them carefully.


PRIVACY
Please review our Privacy Notice, which also governs your use of Purple Fern Services, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you use Purple Fern Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included in or made available through any Purple Fern Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Purple Fern or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Purple Fern Service is the exclusive property of Purple Fern and protected by U.S. and international copyright laws.

TRADEMARKS
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Purple Fern Service are trademarks or trade dress of Purple Fern in the U.S. Purple Fern trademarks and trade dress may not be used in connection with any product or service that is not Purple Fern, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Purple Fern. All other trademarks not owned by Purple Fern that appear in any Purple Fern Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Purple Fern.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Purple Fern or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Purple Fern Services. This license does not include any resale or commercial use of any Purple Fern Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Purple Fern Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Purple Fern or its licensors, suppliers, publishers, rightsholders, or other content providers. No Purple Fern Service, nor any part of any Purple Fern Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Purple Fern. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Purple Fern without express written consent. You may not use any meta tags or any other “hidden text” utilizing Purple Fern name or trademarks without the express written consent of Purple Fern. You may not misuse the Purple Fern Services. You may use the Purple Fern Services only as permitted by law. The licenses granted by Purple Fern terminate if you do not comply with these Conditions of Use or any Service Terms.


PROCESSING TIMES
Orders may take up to 10 days to process. You will receive a notice once your item has shipped. Special Orders may take up to 6 months to fulfill (but probably won’t). We will not bill you until your book is ready to ship. You may receive a separate invoice if the item has taken a long time to receive.


PRODUCT AVAILABILITY
All of the items on our website are available in our store. We do hope you will visit us in person if you are in the Santa Fe area!
You can view your order status by logging into your account, or by contacting books@purplefernbooks.com

RISK OF LOSS
All purchases of physical items from Purple Fern are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


RETURNS and REFUNDS
Purple Fern only accepts returns for damaged products. For more details, please visit our refunds and returns page.

In the event that you are unsatisfied with your purchase, and your order has not started the fulfillment process at our store, we will cancel your order and refund your purchase. We do reserve the right to charge a processing fee. Please contact us at books@purplefernbooks.com for more information.


PRODUCT DESCRIPTIONS
Purple Fern attempts to be as accurate as possible. However, Purple Fern does not warrant that product descriptions or other content of any Purple Fern Service is accurate, complete, reliable, current, or error-free.

PRICING
New books are priced based on the suggested retail price of a product as provided by a publisher, supplier, or seller. Some of our used items will vary in pricing depending on condition and availability.
With respect to items sold by Purple Fern, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Purple Fern is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not charge your credit card until after your order has entered the shipping process.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Purple Fern Books SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Purple Fern SERVICES ARE PROVIDED BY Purple Fern ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Purple Fern MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Purple Fern SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Purple Fern SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Purple Fern SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, Purple Fern DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Purple Fern DOES NOT WARRANT THAT THE Purple Fern SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Purple Fern SERVICES, Purple Fern SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Purple Fern ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Purple Fern WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Purple Fern SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Purple Fern SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

APPLICABLE LAW
By using any Purple Fern Service, applicable federal law without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Purple Fern.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Purple Fern Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.