TERMS OF SALE
LEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SALE, YOU ARE NOT AUTHORIZED TO MAKE PURCHASES THROUGH THE EXTRAORDINARILY DIFFERENT WEBSITE.
These terms and conditions of sale (“Terms of Sale”) constitute an agreement between you and Extraordinarily Different, LLC (“Extraordinarily Different” or “us” or “we”), a Florida corporation with offices at 349 Oak Street, Hollywood, FL 33019, USA.
These Terms of Sale apply to the purchase and sale of products and services through this website (referred to as the “Extraordinarily Different Website”). By placing an order for such products and services, you agree to be bound by and accept these Terms of Sale. If you do not agree to these Terms of Sale, you should not obtain products or services through this Extraordinarily Different Website.
1. Order Acceptance and Cancellation
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. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We sell to final customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our Extraordinarily Different Website.
We make every effort to maintain the availability of our Extraordinarily Different Website. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept Paypal payment for all purchases. You represent and warrant that (i) the Paypal/credit card/bank information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by the financial institution supplying your payment method, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our Extraordinarily Different Website.
All pricing for the products and services available on our Extraordinarily Different Website is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4. Shipping Policy
We offer shipping options via UPS and FEDEX to meet your shipping needs. Please check the individual product page for specific delivery options. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. Shipping is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
You must provide us with a U.S. domestic shipping address for delivery of your purchases. We will not ship your order to an international address, and you cannot pick-up your order directly from us. All items are shipped by a third party, and the risk of loss passes to you upon delivery to such third party.
You acknowledge and agree that we will ship your order as promptly as reasonably possible, but that no shipping and/or delivery date is guaranteed, and that you shall not be entitled to a refund for our failure to ship or deliver an order by any particular date.
These shipping terms are accepted by you by placing an order with us.
5. Advertising Disclaimer and Trademarks
The descriptions of products and services that are posted on our Extraordinarily Different Website are the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products and services available through our Extraordinarily Different Website are the sole property of their respective owners. Photographs are courtesy of the respective manufacturers.
6. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our Extraordinarily Different Website is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS EXTRAORDINARILY DIFFERENT WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS EXTRAORDINARILY DIFFERENT WEBSITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE. IN NO EVENT SHALL EXTRAORDINARILY DIFFERENT, LLC OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) OR ITS PROVIDERS/SUPPLIERS HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS EXTRAORDINARILY DIFFERENT WEBSITE. NO EMPLOYEE OR REPRESENTATIVE OF EXTRAORDINARILY DIFFERENT IS AUTHORIZED TO MODIFY THIS LIMITATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS/SUPPLIERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR EXTRAORDINARILY DIFFERENT WEBSITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR EXTRAORDINARILY DIFFERENT WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
7. Warranty and Return Policy
You understand that we do not operate or control the manufacturers of the products or services offered on the Extraordinarily Different Website and you acknowledge and agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our Extraordinarily Different Website.
If your order arrives in a defective condition, you must do the following in order to be eligible for, at our discretion, a credit, replacement, exchange or repair of the product: (a) within 48 hours of delivery of the order, you must inform us of the product defect and send us a photo showing the defect, and (b) you must contact our Returns Department (tel: +13054035200 or email: firstname.lastname@example.org) to obtain a Return Merchandise Authorization (RMA) number before shipping your product back to us at the location we designate; and (c) you must return the merchandise in its original packaging it which it arrived. NO returns of any type will be accepted without an RMA number. For faster service, please provide the following information when you contact our Returns Department: customer name, invoice or order number, SKU number, and nature of the problem. Any item that is missing the UPC can ONLY be replaced with the same item. Manufacturer restrictions do apply.
Returns of NON-DEFECTIVE are subject acceptance at our discretion. You must inform us of your request within forty-eight (48) hours of receipt of your order to be eligible for, at our discretion, a credit or exchange. All NON-DEFECTIVE returns are subject to a 15% restocking fee. Manufacturer restrictions do apply. you must contact our Returns Department (tel: +13054035200 or email: email@example.com) to obtain a Return Merchandise Authorization (RMA) number before shipping your product back to us at the location we designate; and (c) you must return the merchandise in its original packaging it which it arrived. NO returns of any type will be accepted without an RMA number. For faster service, please provide the following information when you contact our Returns Department: customer name, invoice or order number, and SKU number.
To expedite the processing of your return, we ask that products be returned within fifteen (15) days of the date that we issue the RMA. All returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items; we will match your shipping method for any replacement, exchange or repair. You must insure the shipment or accept the risk of loss or damage during shipment. We 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.
Questions regarding our warranty and return policies should be addressed via e-mail to [email: firstname.lastname@example.org] or by regular mail to [Extraordinarily Different, LLC], [16200 NW 59th Avenue, Suite #103, Miami Lakes, FL 33014, USA], Attention: Returns Department. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our Extraordinarily Different Website.
8.Privacy and Customer Information
At any time you may update your customer account information by following the instructions posted elsewhere on this Extraordinarily Different Website. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
9. Service and Support
All requests for service and support with respect to the products and services available through our Extraordinarily Different Website should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products. Should you have any other questions or concerns, you should contact us and we will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
10. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our Extraordinarily Different Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
11. Precedence of Conflicting Terms
To the extent to which any other terms, conditions, or agreements applicable to your use of the Extraordinarily Different Website are in conflict or inconsistent with these Terms of Sale, these Terms of Sale shall take precedence with respect to the purchase of any product or service on or through the Extraordinarily Different Website.
12. Choice of Law and Forum
THIS AGREEMENT AND ALL MATTERS OR ISSUES RELATED THERETO SHALL BE CONSTRUED AND GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, USA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES OR COMITY. THE STATE AND FEDERAL COURTS IN MIAMI-DADE COUNTY, FLORIDA, USA, SHALL HAVE EXCLUSIVE JURISDICTION AND VENUE WITH RESPECT TO ANY DISPUTES ARISING HEREUNDER, AND EACH PARTY WAIVES OBJECTION TO SUCH JURISDICTION AND VENUE. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS, AS AMENDED FROM TIME TO TIME, ARE EXCLUDED FROM APPLICATION TO THIS AGREEMENT.
Any cause of action brought by you against us or our Affiliates must be instituted with one (1) year after the cause of action arises or be deemed forever waived and barred.
© 2015 Extraordinarily Different, LLC. All rights reserved.