| PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS
THAT MAY APPLY TO YOU.
This statement contains the terms and conditions that apply to your
purchase from the unincorporated entity "Sweet Chestnut Designs".
By advancing advanced payment to Sweet Chestnut Designs, which completely
clears in the designated bank account of Sweet Chestnut Designs,
its heirs or assigns, for the purchase of Tiara(s) ordered from Sweet
Chestnut Designs, other products and/or services and support described
on the order placed with Sweet Chestnut Designs that the payment
corresponds to, the Customer agrees to be bound by and accepts these
terms and conditions. These terms and conditions are subject to change
without prior written notice at any time, at Sweet Chestnut Designs
sole discretion.
- Other Documents. These terms and conditions may NOT be altered,
supplemented, or amended by the use of any other document(s),
except as otherwise noted. Any attempt to alter, supplement or
amend this
document or to enter an order for product(s) or services and
support that are subject to additional or altered terms and conditions
will
be null and void, unless otherwise agreed to in a written agreement
signed by both Customer and Sweet Chestnut Designs.
- Governing
Law. ANY SALES MADE BY SWEET CHESTNUT DESIGNS SHALL BE GOVERNED
BY THE COURTS AND THE LAWS OF ENGLAND AND WALES.
- Payment Terms;
Orders; Quotes; Interest. Terms of payment are at Sweet Chestnut
Design's sole discretion, and unless otherwise agreed
to by Sweet Chestnut Designs is advance, payment must be received
by Sweet Chestnut Designs prior to Sweet Chestnut Design's acceptance
of an order. Payment for the products and services and support
will be made by cheque (Check) or Postal Order or some other prearranged
payment method. Invoices are due and payable within the time period
noted on the Invoice, measured from the date of the invoice. Sweet
Chestnut Designs may invoice parts of an order separately. Orders
are not binding upon Sweet Chestnut Designs until accepted by Sweet
Chestnut Designs. Any quotations given by Sweet Chestnut Designs
will be valid for the period stated on the quotation.
- Shipping
Charges; Taxes. Separate charges for shipping and handling will
be shown on Sweet Chestnut Design's invoice(s). Unless Customer
provides Sweet Chestnut Designs with a valid and correct tax exemption
certificate applicable to the product ship-to location prior to
Sweet Chestnut Design's acceptance of the order, the Customer is
responsible
for sales and all other taxes associated with the order, however
designated, except for Sweet Chestnut Design's franchise taxes
and taxes on Sweet Chestnut Design's net income. If applicable,
a separate
charge for taxes will be shown on Sweet Chestnut Design's invoice.
- Title; Risk of Loss. Title to products passes from Sweet Chestnut
Designs to Customer on shipment from Sweet Chestnut Design's facility.
Loss or damage that occurs during shipping by a carrier selected
by Sweet Chestnut Designs is not Sweet Chestnut Design's responsibility.
Loss or damage that occurs during shipping by a carrier selected
by Customer is the Customer's responsibility.
- Warranties. THERE
ARE NO WARRANTIES FOR SERVICES PROVIDED BY SWEET CHESTNUT DESIGNS.
SWEET CHESTNUT DESIGNS MAKES NO EXPRESS WARRANTIES
ABOUT ANY PRODUCTS THAT IT OFFERS. SWEET CHESTNUT DESIGNS DISCLAIMS
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF' MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Sweet Chestnut Designs reserves the right to modify its
warranty at any time, in its sole discretion.
- Return Policies.
Sweet Chestnut Designs Products and Services are purchased directly
from Sweet Chestnut Designs by an end-user Customer
and may be returned by Customer if the Customer notifies the offices
of Sweet Chestnut Designs of their intention to return the Product
or Service within 24 hours of the Customers receipt of the Product
or Service. The Customer will then be responsible for returning
the product or service within Six (6) days of the notification
of the
intention to return the Product or Service to Sweet Chestnut Designs
and at that time, when the returned Product or Service has been
successfully returned to the offices of Sweet Chestnut Designs
will Sweet Chestnut
Designs issue a full refund.
- Exchanges. From time to time, Sweet
Chestnut Designs may, at its sole discretion, exchange products
or portions of a product. Any
exchanges will be made in accordance with Sweet Chestnut Design's
exchange policies in effect on the date of the exchange.
- Products.
Sweet Chestnut Design's policy is one of on-going product update
and revision. Sweet Chestnut Designs may revise and discontinue
products at any time. Changes between what is shipped and what
is described in the Sweet Chestnut Designs Website are possible.
The
Images presented in the website and all approximate measurements
enjoy speculative status only. As Sweet Chestnut Designs' products
are all hand made to order some variance in size and shape is to
be expected.
- Limitation of Liability. SWEET CHESTNUT DESIGNS DOES
NOT ACCEPT LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE,
OR ANY LIABILITY
FOR ANY LOSS EXCEPT THAT AS PROVIDED BY LAW. SWEET CHESTNUT DESIGNS
WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED
OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS
EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES
BOTH TO PRODUCTS
AND SERVICES. THE CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED
TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS,
SWEET CHESTNUT DESIGNS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT
OF DAMAGES ABOVE THE AGGREGATE UK STERLING AMOUNT PAID BY CUSTOMER
FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES
THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT
BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, SWEET CHESTNUT DESIGNS
IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE
UK STERLING AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES
UNDER THIS AGREEMENT. THE CUSTOMER HEREBY COVENANTS THAT THEY KNOW,
UNDERSTAND AND CAN APPLY THE CORRECT PROCEDURES FOR PLACING AND/OR
WEARING ANY PRODUCT THAT SWEET CHESTNUT DESIGNS SUPPLIES. THE CUSTOMER
HEREBY AGREES NOT TO HOLD SWEET CHESTNUT DESIGNS LIABLE FOR ANY
LOSS SUFFERED TO THE CUSTOMER AND/OR THE END USER AND/OR ANY OTHER
THIRD
PARTY BY THE FAILURE TO APPLY THE KNOWLEDGE AND UNDERSTANDING OF
PLACING AND/OR WEARING THE PRODUCT(S) SUPPLIED BY SWEET CHESTNUT
DESIGNS TO THE CUSTOMER OR TO THE INTENDED END USER OF THE PRODUCT(S).
- Headings. The section headings used herein are for convenience
of reference only and do not form a part of these terms and conditions,
and no construction or inference shall be derived from them
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