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| 1. Customer Acknowledgment.
Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from DressForPrincess.com.
The Customer agrees that any dispute with DressForPrincess.com arising out of the Customer's purchase from DressForPrincess.com shall be brought by the Customer exclusively in the state or federal courts situated in the State of California; and the Customer hereby agrees that such venue is appropriate and that DressForPrincess.com agreement to sell and deliver products to the Customer is dependent on this provision.
2. Purchase Price.
(a) Prices are listed in DressForPrincess.com's web site, and are subject to change without notice. Prices for certain governmental, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties.
(b) Payment is due before shipment, unless credit terms have been arranged in advance with DressForPrincess.com's Credit Department. In such case, payment terms shall be as set forth in the credit agreement.
(c) DressForPrincess.com sales and use taxes for sales made to residents of the State(s) of California. DressForPrincess.com shall not be liable for handling or customs charges for shipments outside the United States.
3. Shipping Terms.
DressForPrincess.com will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Risk of loss is upon Customer once DressForPrincess.com delivers the Product to the carrier. Delivery times are estimates only and DressForPrincess.com shall not be liable for delays.
4. Vendor License Agreements.
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
5. International.
Products sold by DressForPrincess.com, including equipment and software, may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
6. LIMITED MANUFACTURER'S WARRANTY.
(a) DressForPrincess.com warrants that it has good title to the hardware Products it sells, and that it has proper authority to license the software Products it distributes.
(b) DressForPrincess.com does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective Products.
(c) YEAR 2001 DISCLAIMER. DressForPrincess.com ENCOURAGES ITS SUPPLIERS TO MAKE THEIR PRODUCTS AND SERVICES YEAR 2001 COMPLIANT. HOWEVER, DressForPrincess.com CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT IT ADVERTISES OR SELLS IS FREE FROM DATE RELATED ERRORS RESULTING FROM THE TURN OF THE CENTURY (THE YEAR 2001). ANY INFORMATION PROVIDED ON PRODUCTS HAS BEEN FURNISHED BY THE MANUFACTURER AND IS PROVIDED TO END USERS "AS IS."
STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2001 INFORMATION AND READINESS DISCLOSURE ACT. IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF.
(d) DressForPrincess.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY.
IN NO EVENT SHALL DressForPrincess.com BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S OR PUBLISHER'S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL DressForPrincess.com LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM DressForPrincess.com. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
8. Returns.
Returns of Products are subject to DressForPrincess.com current return policies, which are set forth on the web site, and shipping statement, subject to any additional or lesser return rights adopted by the manufacturer or publisher. These Terms of Sale represent the complete and final agreement between the Customer and DressForPrincess.com for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in DressForPrincess.com's invoice for the relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and conditions, and the like shall have no effect.
9. General.
(a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of California.
(b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.
(c) DressForPrincess.com shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.
(d)These Terms of Sale may be modified from time to time by DressForPrincess.com without notice, and are current as of the date of the web site. Please refer to the current web site.
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