Terms and Conditions for the sale of Brett Cards4Less.com Boxed Christmas Cards on the Internet.
Any order from a customer for Christmas Cards from BrettCards4Less.com is deemed to constitute acceptance of the following terms and conditions.
- Prices are determined by reference to BrettCards4Less.com price list current at the date of acceptance of the order by MyCards4Less.com.
- Sales tax will be added to all orders shipped within the State of Colorado.
- Every effort is made to display the prices accurately. However, on rare occasions, mistakes happen. In this instance, BrettCards4Less.com will correct the mistake and inform the Customer so that they can decide whether to continue with the order at the correct price.
- BrettCards4Less.com acknowledge orders on their website on the understanding that delivery is subject to availability. Should an item not be available, the customer will be informed and an alternative offered.
- Any dates quoted for delivery of orders are approximate only and BrettCards4Less.com shall not be liable for any delay in delivery of the orders however caused. Time for delivery shall not be of the essence unless previously agreed by BrettCards4Less.com in writing.
- If BrettCards4Less.com fails to deliver the order for any reasons other than any cause beyond MyCards4Less.com’s reasonable control or the Customer’s fault and BrettCards4Less.com is liable to the Customer, MyCards4Less.com’s liability shall be limited to the invoice price of the goods.
- The Customer shall upon delivery, examine the goods and shall promptly (but in any event within 14 working days of delivery) notify BrettCards4Less.com of any apparent damage, defect or shortage. In default of such notification, BrettCards4Less.com shall be deemed conclusively to have properly performed its obligations in relation to the purchase and sale of the goods. All illustrations, designs and general descriptions contained on the BrettCards4Less.com website or otherwise provided to the customer are intended for general guidance only and shall not be binding on BrettCards4Less.com and are only approximate indications of the type, size or color of goods and are intended to represent a general idea of the goods described therein and the sales of such goods shall not be reference thereto. The customer shall take the goods at his own risk as to their corresponding with such examples or as to their quality, condition or sufficiency for any purpose.
- In the event of a claim, settlement will be limited to the value of the goods defectively produced and will in no way extend to consequential loss, howsoever caused.
- Risk of damage to or loss of the goods shall pass to the customer at the time of delivery or if the customer wrongfully fails to take delivery of the goods at the time when BrettCards4Less.com had tendered delivery of the goods.
- BrettCards4Less.com shall not be liable to the customer or be deemed in breach of the agreement by reason of any delay in performing, or any failure to perform any of BrettCards4Less.com obligations in relation to the goods, if the delay or failure was due to any cause beyond MyCards4Less.com’ reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond MyCards4Less.com’ reasonable control:
- Act of God, explosion, flood tempest, fire or accident
- War or threat of war, sabotage, insurrection, civil disturbance or requisition.
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of governmental, or local authority
- Import or export regulations or embargoes
- Strikes, lock-outs or any other industrial actions or trade disputes (whether involving employees of BrettCards4Less.com or of a third party)
- Difficulties in obtaining raw materials labour, fuel, parts or machinery.
- Power failure or breakdown in machinery.
- The validity, construction and performance of this agreement shall be governed by US Law.
Terms of Website Use
All content included on this site, such as text, graphics, logos, button icons, and images, is our property or the property of our content suppliers and protected by the United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by the United States and international copyright laws.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and Amazon for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting our site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
Any dispute relating in any way to your visit to our site or to products or services sold or distributed by us in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY