Terms and Conditions of Sale
The following General Terms and Conditions of Sale govern the sale of merchandise by 13 Rattles, Inc. (the "Provider" or "we") to you through the US section of www.Strauss-Malcolm.com ("US Site"). The US Site is available only for purchases made and delivered within the United States. Your use of the US Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.
ORDERS & PRODUCTS
All orders are subject to e-mail confirmation by us. Please note that the products displayed on the US Site may be out-of-stock or discontinued, and availability is not guaranteed. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. You may purchase products on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
All prices are in US Dollars. Prices may change without notice. The total invoice price (Total amount due) is inclusive of Sales Tax applied with individual State and local regulations according to the State of your shipping address. An estimation of the tax charges will be indicated in the Confirmation page of the “Body Bag”. This estimation will also be equal or less than the exact Sales Tax applied. Exact tax charges will be calculated automatically after your order is shipped and the final order total is indicated in the invoice you will receive with the Shipping Confirmation Email. Depending on the tax laws in each state, you may be required to pay Use Tax on purchases for which Sales Tax has not been collected. All prices are inclusive of customs and import duties.
Use Tax Notice for Purchasers from all states except New York:
The Provider is not required to and does not collect Sales or Use Tax from these jurisdictions. The purchase is subject to Use Tax unless exempt. Purchase of this item over the internet does not alone exempt the purchase from Use Tax. Unless an exemption applies, all Use Taxes applicable to this purchase must be paid and reported by filing a consumer Use Tax return in the applicable jurisdiction. Such forms can be located on the local tax commission website for the applicable jurisdiction. Check with your local professional advisor as to whether an exemption applies to your purchase. The Provider does not advise on income, sales or use tax requirements or issues and any information listed does not represent advice either express or implied.
- SHIPPING COSTS
You are responsible for the shipping costs associated with the delivery of the products you purchase on the US Site as specified on your order confirmation.
- SHIPMENTS AND DELIVERY
You bear all risks of loss and damage to the products from the time the same have cleared our fulfillment house. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier.
RETURNS AND REFUNDS
Please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale.
Our order confirmation, these General Terms and Conditions of Sale and our other Site Policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.
- USER'S SUBMISSIONS
We welcome your comments and feedback regarding the US Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, the “Submissions”) disclosed, submitted or offered to the Provider via the US Site, or otherwise, are not confidential. You represent and warrant that any Submissions that you submit to the Provider are made in compliance with applicable laws, do not violate any right of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any Submissions to the Provider, you grant the Provider and Strauss-Malcolm a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media. You are and shall remain solely responsible for any Submissions you disclose, submit or offer to the Provider or Strauss-Malcolm.
All content included on www.Strauss-Malcolm.com US Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of Strauss-Malcolm or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Strauss-Malcolm, or its content suppliers, as the case may be. Strauss-Malcolm and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Strauss-Malcolm and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the US Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Strauss-Malcolm or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
- LICENSE AND SITE ACCESS
The viewing, printing or downloading of any Content from the US Site grants you only a limited, non-exclusive and non-transferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the US Site and the Content immediately terminates the license granted by the Provider. You will be solely responsible for all damages and other harm resulting from your use of the US Site and the Content. Strauss-Malcolm and the Provider shall not be deemed liable for any use of the US Site and the Content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.
- COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Strauss-Malcolm for further information at info@Strauss-Malcolm.com.
- LINKS TO OTHER WEBSITES
GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE www.Strauss-Malcolm.com US SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE US SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.