TERMS AND CONDITIONS FOR ONLINE SALES
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREBY. THESE TERMS AND ENFORCEMENT THEREOF REQUIRE THE USE OF ARBITRATION IN ALL CASES ON AN INDIVIDUAL BASIS ONLY. IN NO INSTANCE ARE CASE CONSOLIDATIONS OR CLASS-ACTIONS PERMITTED TO ENFORCE THE RIGHTS AND OBLIGATIONS CONTAINED HEREIN. BY ENTERING INTO ANY TRANSACTION HEREUNDER, YOU ACKNOWLEDGE THE REVIEW OF THIS DOCUMENT IN ITS ENTIRETY AND CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 21 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION, EITHER FEDERAL, STATE, OR OTHER.
(1) Applicability of Terms and Conditions: These terms and conditions (these “Terms”) shall apply to your purchase of products and related services through cuulturedconnections.com (the “Site”). These Terms are subject to change at any time without prior written notice by Jefferson Ecommerce Solution LLC d/b/a Cultured Connections (“Company”). The most recent version of these Terms shall be posted for your review at any time on the Site. By engaging in any transaction on the Site, you acknowledge your review and acceptance of these terms in their entirety. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
(2) Online Orders: When placing an order on the Site, you are offering to purchase whatever products and services you select. Company reserves the right to accept or reject any order in Company’s own discretion. Company will only accept or reject an order in its entirety. Should Company elect to accept your offer, you will receive a confirming email at the email address provided at such time. Notwithstanding, Company reserves the right to cancel any order once accepted by Company (as evidenced by a confirming email) at any time in Company’s sole discretion. Additionally, you have the option of cancelling your order, but only in its entirety, at any time prior to Company having sent to you the confirming email referenced herein.
(3) Payment Terms: All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by Company in its sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable federal, state, or local law, rule, or regulation.
(4) Shipping Information: It is Company’s responsibility to ship your accepted order to you at the address provided when making the order. You will be responsible for all associated shipping & handling charges. While Company agrees to use reasonable efforts to meet the shipping and delivery dates provided online, Company shall not be responsible for any delays in shipments.
(5) Returns: If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within fifteen (15) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you and unopened. Once the goods are received by Company, the purchase price, less the original shipping & handling charges, shall be returned. All returns may be subject to a twenty percent (20%) restocking fee at Company’s sole discretion. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise). Your refund will be credited back to the same payment method used to make the applicable purchase.
(7) Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability:
(a) Buyer’s R&Ws: You represent and warrant to Company as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable federal, state, or local law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; (iii) that you are buying the goods or services from the Site solely your own use, and not for resale and/or export; and (iv) that you are of legal age in the applicable jurisdiction to use the product purchased from the Site, but in all instances not less than twenty-one (21) years of age.
(b) MANUFACTURER’S WARRANTY AND COMPANY’S DISCLAIMERS: COMPANY’S SOLE ROLE IN THE PROVISION OF THE PRODUCTS AND SERVICES ON THE SITE IS THE RE-PACKAGING AND DISTRIBUTION OF THE PRODUCTS AND SERVICES. COMPANY DOES NOT PRODUCE (OR DIRECT THE PRODUCTION OF) ANY OF THE PRODUCTS OFFERED ON THE SITE IN ANY WAY. THE AVAILABILITY ON THE SITE OF ANY PRODUCTS DOES NOT CONSTITUTE AN AFFILIATION WITH OR ENDORSEMENT OF ANY OF THE PRODUCTS OR THEIR PRODUCER(S). AS SUCH, SUBJECT TO APPLICABLE LAW, COMPANY IS PROVIDING THE PRODUCTS TO YOU “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY: (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY OF TITLE; OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE.
(c) LIABILITY CAP: UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
(8) Third Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
(9) Force Majeure: Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, pandemic or epidemic, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
(10) Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third-party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without Company’s prior written consent in each instance, and any attempt to do so shall be null and void.
(11) Partial Invalidity: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, that part or portion of the Terms shall be limited and interpreted as to have the fullest force and effect under law. The remaining provisions shall be interpreted to ensure the Terms continue in full force and effect to the greatest extent possible.
(12) Governing Law/Binding Arbitration:
(a) Governing Law: These Terms shall be governed by the laws of the State of Oregon without regard to conflict of laws principles.
(b) Binding Arbitration: Subject to subsection (c) below and all applicable laws, you agree (i) to litigate any claims that may arise hereunder in court or before a jury; and (ii) not to attempt to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by the arbitrator in Portland, Oregon and administered by and in accordance with the then existing Rules of Practice and Procedure of the Arbitration Service of Portland, Inc. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrators shall be bound to adjudicate all disputes in accordance with the laws of the State of Oregon. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature against company or its affiliates. This Section (12) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms shall be in full force and effect to the greatest extent possible.
(c) Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submitting to binding arbitration, but only if you provide Company with written notice of your desire to do so within ninety (90) days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
(13) No Waivers: Company’s failure to enforce any of Company’s rights hereunder will not constitute a waiver of Company’s right to make such enforcement in the future, subject to applicable law.
(14) Notices: Company may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided Company with your current email and mailing addresses. You can contact us at any time by (i) personal delivery, overnight courier, or registered or certified mail to ATTN: Cultured Connections Support; or (ii) by email at: email@example.com.