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TERMS AND CONDITIONS OF SALE
This document contains important information about your rights and obligations. It also contains information about certain limitations and exclusions that may apply to you as well as a dispute resolution clause. Please read it carefully.
By placing an order on our website, you accept and are bound to the terms and conditions of this terms and conditions (hereafter referred to as the “Agreement”), unless you have a separate agreement with ICG America, Inc. (hereafter referred to as the “Company”), in which case that agreement shall apply.
Please note that our Security and Privacy Policy pages also relate to this agreement should you wish to review them.
OTHER DOCUMENTS
Unless agreed to in writing by both the Company and you, this Agreement cannot be altered, amended or supplemented by the use of any other document(s).
SHIPPING TERMS
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify the Company within 30 days of the date of your purchase if you believe all or part of your order is missing, damaged or contains the wrong item(s). Damage or loss that occurs during shipping by carrier selected by you is your responsibility. Conversely, loss or damage that occurs during shipping by a carrier chosen by the Company is the responsibility of the Company.
PAYMENT TERMS
Unless otherwise agreed to by the Company, payment must be made at the time of purchase. Payment terms are within the Company’s sole discretion and your order is subject to cancellation. The company may reserve the right to cancel any order resulting from pricing, typographical or any other error and the Company is not responsible for such errors.
RETURNS, REFUNDS AND CANCELLATIONS
Any and all products purchased from the Company may be returned to the Company for a full refund or replacement with 30 days of delivery. Merchandise must be returned in its original condition and in its original packaging.
After this 30 day period, all sales will be considered final and no merchandise will be accepted for return, replacement or refund.
If you’d like to cancel your ongoing club membership, you must send an email to the Company at support@amazingclubs.com or call the Company at 1-800-507-4660. You must contact the Company by the first day of the month to cancel the current month’s shipment. All cancellation requests received after the first of the month will apply to the following month.
HEADINGS
The section headings used in these Terms and Conditions are for reference only and do not form part of these Terms and Conditions. No construction or inference shall be derived there from.
LIMITATION OF LIABILITY
The Company does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, or loss of business. Except as expressly provided herein, the company will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, the Company is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this Agreement shall apply even if such remedies fail their essential purpose.
BINDING ARBITRATION
Any dispute, controversy or claim (whether in tort, contract, or otherwise, whether present, preexisting or future, and including common law, statutory, equitable claims and intentional tort) between you and the Company, its assigns, successors, principals, employees, agents, and/or affiliates arising from or relating to this Agreement, it’s interpretation, or the termination, breach or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), the Company’s advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its code of procedure then in effect. The arbitration will be limited solely to the controversy or dispute between you and the Company. Any award of the arbitrator(s) shall be binding and final on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The Company will be responsible for paying any fees required to obtain a hearing and any arbitration filing fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
GOVERNING LAW
This agreement and any sales there under shall be governed by the laws of the state of Connecticut, without regard to conflicts of laws rules. |