Standard Terms and Conditions of Use Agreement
This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from SilkLetter.com or any of its subsidiaries or affiliates (collectively, “SilkLetter.com”). By accepting delivery of the product(s) purchased from SilkLetter.com and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and SilkLetter.com. These terms and conditions are subject to change without prior written notice at any time, at SilkLetter.com’s sole discretion.
- “We”, “us” and/or “our” means Silkletter.com.
- “You” or “your” means the individual or entity named on the invoice.
- Payment Terms, Orders, and Interest. Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within SilkLetter.com’s sole discretion, and unless otherwise agreed to in writing by SilkLetter.com, payment must be received by SilkLetter.com before SilkLetter.com’s acceptance of an order. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. SilkLetter.com may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law. SilkLetter.com is not responsible for pricing, typographical or other errors in any offer by SilkLetter.com and we reserve the unilateral right to cancel any orders resulting from such errors.
- Taxes. Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
- Shipping, Title and Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by SilkLetter.com is SilkLetter.com’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Shipping dates are only estimates. You must notify SilkLetter.com of damaged or missing items from your order within seven (7) calendar days after you receive your product.
- Return Policy. You may return SilkLetter.com products purchased directly from SilkLetter.com in accordance with SilkLetter.com’s Return Policy. Please keep in mind that, among other things, you: (a) must contact us directly before you attempt to return the product; (b) must return the product to us in its original or equivalent packaging; and (c) are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Additional fees may apply.
- Limited Product Warranty for Domestic Customers and Disclaimer of Warranties. BRANDED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WARRANTY AND SERVICE FOR NON-SilkLetter.com BRANDED PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY SilkLetter.com. SilkLetter.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, EXCEPT THOSE STATED IN THIS SECTION AND IN SilkLetter.com’s APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND SilkLetter.com WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON SilkLetter.com’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
- LIMITATION OF LIABILITY. SilkLetter.com DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. SilkLetter.com 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. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, SilkLetter.com IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
- Products. SilkLetter.com continually upgrades and revises its products and service offerings. SilkLetter.com may revise and discontinue products at any time without prior notice to customers. SilkLetter.com will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building SilkLetter.com products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted SilkLetter.com SKU numbers for SilkLetter.com-branded products are of the quality specified by SilkLetter.com on its website and conform in all material respects with the SilkLetter.com product specification current on the date such products were shipped.
- Binding Arbitration. You and SilkLetter.com agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims (“Dispute”) against SilkLetter.com, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), SilkLetter.com’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at http://www.arb-forum.com, or via telephone at 800.474.2371) under its Code of Procedure then in effect. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
- Governing Law. This Agreement and any sales hereunder shall be governed by the laws of the state of California, without regard to conflicts of laws principles, and excluding the United Nations Convention on the International Sale of Goods.
- Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SilkLetter.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SilkLetter.com and protected by U.S. and international copyright laws.
- Trademarks. You will not register or use any Internet domain name that contains SilkLetter.com trademark or trade name (i.e., SilkLetter.com) in whole or in part or any other name that is confusingly similar thereto. All SilkLetter.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of SilkLetter.com. SilkLetter.com’s trademarks and trade dress may not be used in connection with any product or service that is not SilkLetter.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SilkLetter.com. All other trademarks not owned by SilkLetter.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SilkLetter.com.
- Risk of Loss. All items purchased from SilkLetter.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Product Descriptions. SilkLetter.com attempts to be as accurate as possible. However, SilkLetter.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SilkLetter.com itself is not as described, your sole remedy is to return it in unused condition.
- Validating Your Order. After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
- Order Acceptance/Confirmation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The SilkLetter.com website reserves the right at any time after receipt of your order to accept or decline your order for any reason.
- Order Limitations. We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
- Order Limitations/Limited Quantities. SilkLetter.com may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same SilkLetter.com website account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. SilkLetter.com reserves the right to limit or prohibit sales to dealers.
- Termination of Use. SilkLetter.com may, in its sole discretion, terminate your account or your use of the SilkLetter.com website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. SilkLetter.com reserves the right to change, suspend or discontinue all or any aspects of the SilkLetter.com website at any time without prior notice.
- Miscellaneous Provisions. 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 therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.