Soft, LLC d/b/a Soft Clothing for All Children, LLC -Terms and Conditions of Sale
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF SALE. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT SUBMIT AN ORDER FROM THIS WEBSITE.
These Terms and Conditions of Sale (the "Terms and Conditions of Sale") apply to your purchase of products and/or services offered on this website (the "Website") or otherwise by Soft, LLC d/b/a Soft Clothing for All Children, LLC ("us," "we" or "our", as appropriate). By placing your order, you accept and are bound to these Terms and Conditions of Sale. These Terms and Conditions of Sale shall apply unless you have a separate purchase agreement with us, in which case the separate agreement shall govern.
PAYMENT TERMS, TAXES AND PRICING
We endeavor to deliver products ordered through our Website as soon as possible after you place your order. However, all shipping and delivery dates are estimates only and we will have no liability to you for delays associated with shipping and delivery. Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility, and in the event of product damage or loss during transit, it is your responsibility to file a claim with the carrier. For carriers selected by us, we will use our discretion in selecting a reputable carrier and appropriate means of shipment, and you must notify us within 48 hours after receipt of your order if you believe any part of your purchase is missing, incorrect or damaged.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS SOLD ON THIS WEBSITE. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE, LOSS OF USE, INJURY OR DEATH OR ANY PERSON OR DAMAGE TO PROPERTY AS A RESULT OF OR ARISING OUT OF THE USE OF THE PRODUCTS, OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE PRODUCTS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, WE ARE NOT RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE PRODUCTS. THE REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON WARRANTIES SO THESE LIMITATIONS MIGHT NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
While it is our goal is to meet all of our obligations to you, we may be unable or delayed by reason of matters or occurrences beyond our control, such as, but not limited to, acts of God, acts by you, or of civil commotion, delays in transportation, material shortages, strikes or other labor disturbances, fire, flood, accident, riot, war, government intervention, embargoes, or equipment failures. We shall not be liable for any such failure or delay as a result of any such matter or occurrence wholly or partially beyond our control. Quantities are subject to availability. In the event of shortage, we may allocate sales and deliveries in our sole discretion.
Our failure to insist upon strict performance of any provisions hereof shall not be deemed a waiver of our right and remedies. If any provision of these Terms and Conditions of Sale is deemed by a court to be unenforceable, the remainder shall stay in effect.
Each provision of these Terms and Conditions of Sale shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
These Terms and Conditions of Sale may not be altered, supplemented or amended by the use of any other document unless otherwise agreed in writing by both us and you.
These Terms and Conditions of Sale and all purchases hereunder shall be governed by and construed under the law of the State of New York, without regard to conflicts of laws rules. You agree that the courts of New York shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in New York, NY. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions of Sale more than one (1) year after the cause of action has arisen.
You shall defend, indemnify and hold harmless, us and our successors, assigns, affiliates, agents and contractors, and the officers, managers, directors and employees of any of the foregoing, from and against any damage, loss, claim, judgment or other liability or expense (including but not limited to reasonable attorneys' fees) which may in any way arise out of any act or omission in connection with your use of this Website and, except to the extent caused by us, the purchase or use of product(s) by you, any third party or your successors, assigns, affiliates, agents and contractors, or the officers, managers, directors or employees of any of them. We reserve the right, without being required to do so, and without waiver of any indemnity hereunder, to defend any claim, action or lawsuit coming within the scope of this indemnity provision. If we take legal action against you for non-payment, or any other breach of these Terms and Conditions of Sale, and a court makes an award in our favor, we shall be entitled to recover from you our reasonable attorneys' fees and costs incurred in the action.
The section headings used in these Terms and Conditions of Sale are for convenience of reference only and do not form a part of these Terms and Conditions of Sale, and no construction or inference shall be derived therefrom.
QUESTIONS AND COMMENTS
We welcome your questions or comments about these Terms and Conditions of Sale. Please contact us at firstname.lastname@example.org or write to us at 109 Ingraham Street, #306, Brooklyn, NY 11237.