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TERMS AND CONDITIONS OF SALE
This Terms and Conditions of Sale, govern your purchase of products and services from SEWINGMACHINE.COM.
1. PURCHASER
You must be at least eighteen (18) years old and living in the United States to order products from SEWINGMACHINE.COM.
2. PRODUCTS & SERVICES
SEWINGMACHINE.COM products and services are available in the United States while supplies last. If we discover price errors, they will be corrected. SEWINGMACHINE.COM reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
SEWINGMACHINE.COM uses reasonable efforts to ensure that all orders are filled in a timely manner. However, because SEWINGMACHINE.COM is not a manufacturer, we may have a delay in filling some orders due to product availability. If your order is not complete upon receipt, please notify us immediately.
3. PURCHASE & RETURNS
All prices are in United States dollars and effective only within the United States . All prices are subject to taxes, shipping and handling charges.
Title to the products passes from SEWINGMACHINE.COM to You upon shipment from SEWINGMACHINE.COM. Loss or damage that occurs during shipment is Your responsibility.
There are certain orders which we will be unable to accept and must cancel. We reserve the right to refuse or cancel any order, within our sole discretion. You will not be charged until your order is shipped. We will use reasonable efforts to contact you should any portion of your order be cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card is charged, we will issue a credit in the amount of the charge.
You may return certain unopened products with the accompanying receipt within thirty (30) days of purchase and receive a store credit, less shipping charges, which will be valid for future purchases with us. This may not apply to commercial machines that we assemble prior to shipping or to special order machine parts.
Terms of payment are within SEWINGMACHINE.COM's sole discretion, and unless otherwise agreed to by SEWINGMACHINE.COM, payment must be received by SEWINGMACHINE.COM prior to SEWINGMACHINE.COM's acceptance of an order. Payment for the products will be made by credit card. Orders are not binding upon SEWINGMACHINE.COM until accepted by SEWINGMACHINE.COM. You agree to pay interest on all past-due sums at the highest rate allowed by law.
4. LIMITATION OF LIABILITY & WARRANTIES
THE PRODUCTS PROVIDED BY SEWINGMACHINE.COM ARE PROVIDED AS IS, PROVIDED HOWEVER THEY MAY BE SUBJECT TO MANUFACTURER WARRANTIES. SEWINGMACHINE.COM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE PRODUCTS AND SERVICES. YOU WILL LOOK SOLELY TO THE MANUFACTURER OF THE PRODUCT SHOULD YOU HAVE ANY CLAIM RELATING TO THE PRODUCTS PROVIDED.
SEWINGMACHINE.COM, IT'S OFFICERS, AGENTS, SUPPLIERS AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SEWINGMACHINE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS, INFORMATION AND SERVICES OFFERED BY SEWINGMACHINE.COM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of SEWINGMACHINE.COM, its officers, agents, suppliers and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever related the products and services provided herein, shall be limited to the amount paid by you for any product, information or service purchased by you which is subject to the dispute.
5. COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between you and SEWINGMACHINE.COM with respect to the products and services, superseding any other agreement between you and SEWINGMACHINE.COM. The provisions which by their nature should survive termination of this Agreement shall so survive. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia without reference to conflict of laws principles, and shall be deemed to be executed in Georgia. Any claim dispute or controversy (whether in contract, tort or otherwise) against SEWINGMACHINE.COM, its officers, agents, employees or affiliates arising from or relating to this ("Agreement"), the products shall be resolved exclusively by binding arbitration administrated by the National Arbitration Forum to be held in Atlanta, Georgia. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.
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