Web Store Sales Terms December 1st, 2006 ALL PURCHASES FROM THE WEB STORE AT PASSIONATE ABOUT PURSES.com ARE SUBJECT TO THESE SALES TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, WE WILL NOT BE ABLE TO ACCEPT YOUR ORDER. THE WEB STORE IS OPERATED BY PASSIONATE ABOUT PURSES.com (“MERCHANT”).
1. Products. Product availability, product descriptions and product prices are subject to change by Merchant at any time without prior notice. Product descriptions and product images are provided to Merchant by its vendors. Merchant does not independently verify the accuracy of product descriptions. Merchant makes commercially reasonable efforts to keep product information current, but some information may be out of date from time to time. Certain weights, measures and similar descriptions are approximate and are provided for convenience only.
2. Order Acceptance. All orders submitted through the Web Store are subject to acceptance by Merchant at its location. Merchant may issue an electronic confirmation of order receipt. Confirmation of order receipt does not constitute acceptance by Merchant. Merchant may accept an order in a written acceptance or by processing payment for or fulfilling the order.
3. Shipping. Merchant has arranged for product vendors to ship products directly from their locations to purchasers. If you order products supplied by different vendors, products will be shipped to you separately from the respective vendor locations. Products will be shipped only to locations in the United States. Merchant reserves the right not to ship to post office boxes; we may require a street address for shipping. Neither Merchant nor any vendor will be responsible for fulfilling orders that cannot be shipped because of incomplete or inaccurate billing or shipping information. Risk of loss and title for products purchased from the Web Store pass to you upon delivery of products from the vendor to the shipping carrier. That means that if any products are lost or damaged in transit, you will be responsible for making any claims with the carrier. Neither Merchant nor any of its vendors will be responsible for products lost or damaged in transit.
4. Price and Payment. Product prices are subject to change from time to time by Merchant without prior notice. The price charged by Merchant for any product will be the price listed for such product in the Web Store catalog at the time an order is submitted to Merchant. Product prices do not include shipping and handling fees or sales taxes. Merchant will add shipping and handling charges to your order. If Merchant is required to collect sales tax from you, Merchant will also add sales tax to your order. Please refer to the Shipping, Handling and Sales Tax guide for applicable rates. Orders must include current, valid credit card information. By submitting an order to purchase products through the Web Store, you authorize Merchant to charge to the credit card identified in your order the price for all products purchased in the order, plus all applicable shipping and handling charges and taxes.
5. Warranties. Warranties for all products purchased through the Web Store are limited to those warranties provided by the respective manufacturers, distributors or suppliers of such products. Merchant has no responsibility for such warranties, if any. DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MERCHANT DISCLAIMS ALL PRODUCT-RELATED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MERCHANT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED IN THE WEB STORE. MERCHANT DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECTS, PRODUCT MISUSE OR ABUSE, IMPROPER PRODUCT SELECTION OR NON-COMPLIANCE OF ANY PRODUCT WITH APPLICABLE LAWS OR REGULATIONS. THIS DISCLAIMER SHALL BE LIMITED TO THE EXTENT (IF ANY) THAT IT IS PROHIBITED BY APPLICABLE LAW.
6. Refund Policy –We want you to be happy with your purchase. In the unlikely event that you are not completely happy with your purchase you can return or exchange any brand new item in it’s original condition with tags attached within 14 days of receipt. The original invoice must be included. Sorry, shipping costs are not refundable.
Please contact us before sending a return.
7. Limitation of Liability. THE LIABILITY OF MERCHANT AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (THE “MERCHANT PARTIES”) TO ANY PURCHASER OR ANY OTHER PERSON FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE THROUGH THE WEB STORE SHALL BE LIMITED TO ACTUAL DAMAGES IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE PAID TO MERCHANT FOR THE PRODUCT OR TRANSACTION FROM WHICH THE CLAIM ARISES OR TO WHICH IT RELATES. IN NO EVENT SHALL ANY OF THE MERCHANT PARTIES BE LIABLE TO ANY PURCHASER OR TO ANY PERSON CLAIMING BY, THROUGH, UNDER OR ON BEHALF OF PURCHASER, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED AND WHETHER OR NOT ANY OF THE MERCHANT PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Modification. These Web Store Sales Terms may be modified from time to time by Merchant without prior notice. Each purchase made through the Web Store will be subject to the Web Store Sales Terms in effect at the time an order is submitted to Merchant. A printed version of these Web Store Sales Terms and/or of any notice given by Merchant in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records obtained or maintained by Merchant in printed form.
10. Governing Law. Merchant is located in California, and all orders are submitted to and subject to acceptance by Merchant at its location. All use of and purchases made through the Web Store shall be governed by the laws of the State of California without regard to any rule that would require the law of any other jurisdiction to be applied.
11. Venue. Any legal or equitable action with respect to the Web Store or any purchase made through the Web Store shall be brought only in a federal or state court located in Malibu, CA. To the fullest extent permitted by applicable law, no action brought by any individual with respect to the Web Store or any purchase made through the Web Store shall be joined with an action involving any other person who may assert similar claims with respect to the Web Store or any other purchase made through the Web Store.
12. Limitation on Claims. Any claim or action that any party may have arising from or related to use of the Web Store or any purchase made through the Web Store must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.
13. Severability. If any provision of these Web Store Sales Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision will deemed to be severed from this agreement and the remaining provisions shall continue in full force and effect.