SALES AGREEMENT
1. SCOPE OF AGREEMENT AND INCORPORATION OF TERMS OF USE AND PRIVACY
POLICY. This Sales Agreement pertains to all sales through the
www.tracksandtails website and its agents (“Website”), which is operated
by Tracks and Tails, LLC and incorporates by reference all provisions of
the
Terms of Use and
Privacy Policy of the Website. All
sales of any Tracks and Tails, LLC merchandise through “brick and
mortar” retail stores are governed by the return policies of such retail
stores.
2. RETURN POLICY. Tracks and Tails, LLC thanks you for shopping at
www.tracksandtails.com and we hope you will love your purchase. However,
we understand that occasionally products may be damaged or otherwise
unusable. All sales are final on engraved and personalized merchandise
and these items can not be returned.
A refund will be made to the purchaser if payment has been received,
provided: (1) The customer returns the product in a package postmarked
or sent within fourteen days of a customers’ receipt of the product.,
(2) Returned items are returned unused and otherwise in saleable
condition, are returned with original packaging, and (3) the returning
customer must provide the receipt and name, address, and telephone of
customer with return.
Gift recipients are entitled to a nonrefundable merchandise credit,
provided: (1) The customer returns the product in a package postmarked
or sent within fourteen days of a customers’ receipt of the product.,
(2) Returned items are returned unused and otherwise in saleable
condition, are returned with original packaging, and (3) the gift
recipient provides the name, address, and telephone that person
providing the gift.
We ask that customers call us at (402) 953-9883 or e-mail us at
info@tracksandtails.com let us know the product is on its way, and to
advise us of the reason for returning the product.
3. INVENTORY AND SHIPPING. Products listed on the Website are subject to
inventory availability. All in-stock items will ship within 10 business days.
Customers will be given the option to cancel any order not shipped
within thirty days.
4. CUSTOMER ADVISEMENT REGARDING CARE FOR SILVER.
At Tracks and Tails we only are using very high quality of silver to
make our silver sterling products. Sterling needs to be cared for and
normal wear and tear does occur. To protect your purchase please limit
the exposure to water and intense heat.
5. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY
PROVIDES ALL PRODUCTS AND SERVICES “AS-IS” WITHOUT WARRANTY OF ANY KIND.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR
INABILITY TO USE, COMPANY PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT
PERMITTED BY THE LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ITS PRODUCTS OR
SERVICES WILL MEET YOUR REQUIREMENTS. FURTHER, COMPANY IS NOT LIABLE FOR
ANY INTERRUPTION IN SERVICES PROVIDED BY WWW.TRACKSANDTAILS.COM
6. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR LOST DATA, REGARDLESS OF
THE FORSEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY YOU
TO THE COMPANY, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH
DAMAGES. This limitation shall apply regardless of whether the damages
arise out of the breach of contract, tort, or any other legal theory or
cause of action.
7. GOVERNING LAW. This agreement shall be construed in accordance with
and governed by the laws of the United States and the State of Nebraska,
without reference to their rules regarding conflicts of law. You hereby
irrevocably consent to the exclusive jurisdiction of the state or
federal courts in Omaha, Nebraska, U.S.A. in all disputes between you
and Tracks and Tails, LLC.
8. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent
jurisdiction finds any term or condition in this Sales Agreement to be
unenforceable, all other terms and conditions will remain unaffected and
in full force and effect. No waiver of any breach of any provision of
this Sales Agreement shall constitute a waiver of any prior, concurrent,
or subsequent breach of the same or any other provisions hereof, and no
waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.
9. MODIFICATIONS. Company may, in its sole discretion and without prior
notice, (a) revise this Sales Agreement; (b) modify the Site and/or the
Service; and (c) discontinue the Site and/or Service at any time.
Company shall post any revision to this Sales Agreement to the Site, and
the revision shall be effective immediately on such posting. You agree
to review this Sales Agreement and other online policies posted on the
Site periodically to be aware of any revisions.
10. LIMITATION OF ACTIONS. YOU AGREE THAT ALL DISPUTES, CLAIMS, AND
CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE
MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM, OR CAUSE
OF ACTION ACRRUES; OTHERWISE SUCH DISPUTE OR CLAIM OR CAUSE OF ACTION
SHALL BE PERMANENTLY BARRED.