WE MAKE NO OTHER WARRANTIES AND REPRESENTATIONS AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
We will use our reasonable efforts to ensure the Product is delivered in acceptable condition.
In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
your specifying with reasonable detail the way in which it is alleged that the Product is damaged or nonconforming; and
your providing us with any information as we reasonably require.
If you would like us to replace or provide a refund for the Product where it did conform to the Order and we (at our sole discretion) determine that the Product has:
been misused, abused or subjected to neglect;
been involved in any accident or damage caused by an incorrect attempt at use; or
been dealt with or used contrary to its ordinary use;
we may decide not to replace or refund you for the Product and we may require you to pay all reasonable carriage costs and servicing costs. To the fullest extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
Limitation of Liability
You acknowledge and agree that we limit our liability in respect of all claims for a nonconforming or damaged Product, at our option, to replacement of the product or payment of having the Product supplied again.
You agree that our total aggregate liability for all claims relating to the Product is limited to the retail price and shipping costs paid by you to us for the product.
This Limitation of Liability shall not apply to claims for personal injury, willful conduct, gross negligence or fraud related to your use of a Product.
To the fullest extent permitted by law, we exclude all representations or terms (whether express or implied) other than those expressly set out on the Site and these Terms and Conditions.
We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen.
To the fullest extent permitted by applicable law, we may cancel an Order by written notice to you for any of the reasons stated herein.
We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen.
General Provisions
No failure or delay by us in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms and Conditions.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these Terms and Conditions or an Order shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Order its assent to any such term.
These Terms and Conditions and Order shall be governed and construed in accordance with the laws of the State of Georgia. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Fulton County, Georgia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.