GARLAND COLLECTIONS, INC.
TERMS OF PURCHASE
Last Updated Date: October 21, 2021
PLEASE READ THESE TERMS OF PURCHASE (THESE “TERMS”) CAREFULLY.
BY PURCHASING PRODUCTS FROM GARLAND COLLECTIONS, INC. ON THIS SITE (THE “SITE”), YOU ACCEPT AND AGREE TO ABIDE BY THESE TERMS. YOU AGREE THAT THE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT ACCEPT THE TERMS, YOU MUST CLICK ON THE “CANCEL” BUTTON AND NOT PURCHASE THE PRODUCTS. WHEN USED IN THIS AGREEMENT, THE WORDS “YOU” AND “YOUR” MEAN THE PERSON THAT IS PURCHASING THE PRODUCTS AND THE WORDS “WE,” “OUR,” “US” AND “GARLAND” MEAN GARLAND COLLECTIONS, INC.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR, IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOUR PARENT OR GUARDIAN HAS NOT CONSENTED TO YOUR PURCHASE OF PRODUCTS AND AGREED TO BE RESPONSIBLE FOR YOUR PURCHASE OF PRODUCTS, (C) ARE NOT A RESIDENT OF THE UNITED STATES OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
- Changes to Terms
We reserve the right to revise these Terms at any time by updating this posting, and also to modify or terminate any products, services or features on this Site at any time without prior notice, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product are available through this Site. Your purchase of products on the Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. All products, services or features available on or through this Site are subject to these Terms.
- Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services 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 orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- Prices and Payment
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service 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 strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We will charge the total price specified in the order confirmation email to the credit card account specified in the order confirmation email. All payments will be made in United States dollars.
We will, and you expressly authorize us to, use the information you provide in your order to: (a) process orders including, without limitation, processing payments and communicating with you about the status of your order and (b) communicate with you about other products we offer or other topics we think you might find of interest.
You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges.
If we are unable to bill charges in the manner designated in your order, we will promptly notify you at the e-mail address specified in your order and will cancel the processing of your order.
You will be responsible for and will pay all applicable sales, value added use or similar taxes if any, imposed by taxing authorities by reason of the sale and delivery of products herein provided.
- Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs incurred in the processing, handling, packing, shipping, and delivery of your order. Garland does not ship to locations outside of the contiguous United States.
Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
All Sales are final. If you are dissatisfied with the Product please contact us at email@example.com. All return requests must be made within thirty (30) days of the date of delivery of the product.
We may refund your purchase price (less any shipping and handling costs) to the credit card you used to make the original purchase and provide you instructions on returning the product. Notwithstanding the foregoing, Garland does not control when a specific credit card company processes a credit transaction. You are responsible for contacting your credit card company if you have questions about the status of the credit.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
- Disclaimer and Limitations
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS (A) PRODUCTS ARE PROVIDED AS IS AND AS AVAILABLE AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO ANY PRODUCTS WILL NOT EXCEED THE FEES ACTUALLY PAID TO US FOR THE PRODUCT.
- Goods Not for Resale or Export
You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You may not resell, transfer or otherwise commercially exploit products.
- Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms 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, 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.
- Governing Law & Jurisdiction
These Terms are governed by and construed under the laws of the Commonwealth of Massachusetts, without giving effect to principles of conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You consent to the exclusive jurisdiction of the state and federal courts in Boston, Massachusetts in order to settle any claim, action or controversy arising out of or related to this Agreement.
- No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.