TERMS OF SALE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THE WEBSITE (DEFINED BELOW), YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT AT LEAST 18 YEARS OF AGE AND OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CLOVERLAND (DEFINED BELOW) OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms of Sale”) apply to the purchase and sale of products through cloverlandhome.com (the “Website”) by Cloverland Home, LLC., a Massachusetts limited liability company (“Cloverland,” “us,” “we,” or “our”). These Terms are subject to change by us without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on the Website, and you should review these Terms of Sale immediately prior to purchasing any products that are available through the Website. The Terms of Sale in effect at the time of your purchase will govern your transaction.
ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After we receive your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and Cloverland will not take place unless and until you have received your order confirmation email.
PRICES AND PAYMENT TERMS
All prices posted on the Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) any credit card or other financial information you supply to us is true, correct, and complete, (ii) you are authorized to use such credit card or other payment method for your purchase, (iii) charges incurred by you will be honored by your credit card company (if applicable), and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
SHIPMENTS; TITLE AND RISK OF LOSS
We will arrange for shipment of the products to you. Please check the individual product page or cart summary for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon delivery of the products to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
RETURNS AND REFUNDS
Except for any products designated on the Website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition (unworn, unused, with tags, and in its original packaging). To return products, you must email our Returns Department at email@example.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
If your return is accepted, we’ll send you a return shipping label, as well as instructions of how and where to send your package.
Refunds are processed within approximately 10 business days of our receipt of your merchandise. Following inspection and approval, your refund (minus any return shipping charges) will be credited back to the same payment method used to make the original purchase on the Website. No refunds are available on any products designated as non-returnable.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT FOR A PERIOD OF 90 DAYS FROM THE DATE OF SHIPMENT (THE “WARRANTY PERIOD”), THE PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. THIS WARRANTY IS EXTENDED ONLY TO THE ORIGINAL PURCHASER OF THE PRODUCT.
NO WARRANTY IS PROVIDED FOR THE PERFORMANCE OR YIELD OF ANY PRODUCTS, AND THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGES DUE TO YOUR TRANSPORTATION, STORAGE, IMPROPER USE, FAILURE TO FOLLOW THE PRODUCT INSTRUCTION, MODIFICATIONS OF THE PRODUCT, UNAUTHORIZED REPAIR, OR NORMAL WEAR AND TEAR.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AT OUR SOLE DISCRETION AND ONLY AS SET FORTH IN THIS WARRANTY STATEMENT.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD; HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT; HOWEVER, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
APPLICABLE LAW & USE
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemics, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage (each, a “Force Majeure Event”). We will give notice to you within fifteen (15) days of a Force Majeure Event, stating the period of time the occurrence is expected to continue. We will then use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized, and we will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause of the Force Majeure Event.
You agree to indemnify, defend and hold harmless Cloverland and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Sale or the documents and agreements they incorporate by reference, or your violation of any law or the rights of a third-party.
LIMITATION OF LIABILITY
To the fullest extent allowed by law, and except in the case of our gross negligence or willful misconduct OR AS OTHERWISE PROVIDED IN THESE TERMS OF SALE, in no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your PURCHASE OR use of THE PRODUCTS, or for any other claim related in any way to YOUR PURCHASE OR USE OF THE PRODUCTS, even if advised of their possibility.
We may provide any notice to you under these Terms of Sale by sending a message to the email address you provide. Notices sent by email will be effective when we send the email. It is your responsibility to keep your email address current.
To give us notice under these Terms of Sale, you must contact us by either (i) overnight courier or registered or certified mail to Cloverland Home, [VIRTUAL ADDRESS] or (ii) via email at firstname.lastname@example.org. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Notices sent via email will be effective upon sending.
In the event that any provision of these Terms of Sale 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 of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
You shall not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No purported assignment or delegation relieves you of any of your obligations under these Terms of Sale. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
The failure by us to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.
All matters relating to these Terms of Sale or the products sold hereunder, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Sale or the website shall be instituted exclusively in the federal or state courts of Massachusetts.
Questions about the Terms of Sale should be sent to us at email@example.com.