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All sales made by Aargee Inc. ("Seller") to you
("Customer") are governed by these Terms and Conditions of Sale
unless otherwise indicated by Aargee Inc. in writing.
PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING
AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND
CONDITIONS AND AGREE TO ABIDE BY THEM. AARGEE INC. RESERVES THE RIGHT TO AMEND
OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE
DISCRETION.
Sale is Contingent on Customer's Acceptance of Terms and
Conditions.
Seller shall not accept Customer's purchase orders unless and
until Customer consents to these Terms and Conditions of Sale. These Terms and
Conditions of Sale supersede the terms and conditions of Customer's purchase
order(s) and will govern all transactions between Customer and Seller. These
Terms and Conditions of Sale also apply to all future transactions unless
modified in writing signed by Seller and Customer.
Payment Terms
Seller accepts Visa, Mastercard, American Express and Discover. Company checks
will be accepted only with pre-approved credit. Customer will be charged a $25
service charge for any returned check.
Shipping
For orders received and paid for in full, prior to 5:00 PM (Eastern Standard
Time), Seller will endeavor to ship the order within the next two business
days, subject to availability. Inventory will fluctuate on seasonal items.
Orders are shipped by UPS. Seller will not be responsible for shipping delays
caused by a carrier. Shipping charges may be billed separately on credit card
orders.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer
shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER'S RECEIPT OF THE
MERCHANDISE of any claims for damages resulting from any defect in the
merchandise discovered by Customer, including, without limitation, claims
related to shortages, quality, or specification. Seller shall not be
responsible for shortages when shipments are directed to a third party other
than Customer.
Returns and Cancellations
Authorized returns and exchanges must be made within 7 days after Customer's
receipt of merchandise. All returned merchandise must be accompanied by a
completed Return Form, which will be provided upon request. No orders can
be cancelled after dispatch. Customer will be responsible for all freight
and shipping charges on items returned that are not the result of Seller's
error. All returns and exchanges will be subject to a 15% re-stocking fee in
addition to freight. Returns will not be accepted on merchandise that has
been returned in a non-re-sellable condition. All sales are final on
overstock items; returns are not accepted on overstock items under any
circumstances.
Obtaining Return Authorization
Please email: returns@aargeeinc.com for Return Autorization form and instructions.
Customer will receive a credit memo for any such return once it is
received and checked in by Seller's warehouse. Please allow 5-7 business days
for credit memo to be mailed.
Customer Acceptance of Defective Merchandise
Customer's failure to provide written notice of a claim, as set forth in these
Terms and Conditions of Sale, shall constitute a waiver of any claim Customer
may have for damages resulting from such defects.
Prices,
Quantities, Styles, Colors
Prices are subject to
change without notice. All merchandise will be shipped at the prices in effect
at the time of shipping. Aargee Inc. reserves the right, at its sole
discretion, to change unit/pack sizes or to discontinue products. Due to
the limitations of suppliers overseas, some products may vary slightly in
color, size, or style from the images depicted. All orders are subject to
availability.
DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF
STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND
EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL
NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES
(EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR
PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER?S
MERCHANDISE.
Jurisdiction/Governing Law
Seller is headquartered in the State of New York, United States of America.
These Terms and Conditions of Sale shall be governed by and interpreted under
the laws of the State of New York (without regard to its conflicts of laws
principles) and the federal laws of the United States of America. If any
provision of these Terms and Conditions of Sale is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions
which shall remain in full force and effect. Customer expressly agrees that
exclusive jurisdiction for any dispute with Seller, or in any way relating to
these Terms and Conditions of Sale, resides in the courts of the State of New
York and you further agree and expressly submit to the personal and exclusive
jurisdiction of the courts of the State of New York in connection with any such
dispute including any claim involving the merchandise or Seller or its
affiliates, subsidiaries, employees, contractors, officers, directors.
Force Majeure
Neither Buyer nor Seller shall be liable to the other for delays in performance
of its obligation hereunder caused by acts of God, war (declared or
undeclared), government regulation, terrorism, disaster, strikes, civil
disorder, curtailment of transportation facilities, or similar occurrence
beyond the party's control, making it impossible, illegal, or commercially
impracticable for one or both parties to perform its obligations under these
Terms and Conditions of Sale, in whole or in part.
Miscellaneous
These Terms and Conditions of Sale constitute the entire agreement between
Seller and Customer, superseding any prior agreements between Customer and
Seller. The failure of Seller to exercise or enforce any right or provision of
these Terms and Conditions of Sale shall not constitute a waiver of such right
or provision. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to these Terms and
Conditions of Sale must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in these Terms and
Conditions of Sale are for convenience only and have no legal or contractual
effect.
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