Sales Terms and Conditions
SALE TERMS AND CONDITIONS
*Tote bag will be included with any Winsornewton.com order placed starting 22/06/16. This limited time offer while supplies last. This offer is valid on orders shipping within the United States or Canada only.
Effective Date: June 17, 2014
1.1 This website is owned and operated by ColArt Interactive, Inc., a New Jersey entity. Our principal place of business is at 11 Constitution Avenue in Piscataway, NJ 08855
1.2 These terms and conditions apply when you buy any goods via this site. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. The use of our website is governed by separate website terms and conditions.
1.3 You are not eligible to buy any goods via this site if it is unlawful for you to buy or use the goods in, or import them into, your country.
1.4 Where you communicate with us on behalf of a company / organization, you promise that you have authority to act on behalf of that entity.
1.5 Where we refer to “Consumer” below we mean an individual acting outside his or her trade, business, craft or profession.
1.6 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
2.1 There is no right of return except to the extent stated in our returns policy.
3. Discount codes
3.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges and applicable sales tax. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated, codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively, and (3) can only be redeemed once per customer. Also, you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms.
3.2 Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
4. Display of goods on our website
4.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made every effort to display as accurately as possible the appearance / color / texture / finish / labelling of our goods. You acknowledge and accept that there may be differences between the actual goods you receive and the way that they appear on our website. For example, the colour tone may differ, or the product labelling and/or packaging may have changed.
5. Payment and price
5.1 Payment is in advance by the means stated on our website. Despatch of the goods is subject to our receipt of full payment in cleared funds.
5.2 The price for the goods you order is as stated on our site at the time you send us your order. You shall pay any applicable sales tax unless we say otherwise.
5.3 If we have mis-priced any item by mistake, we reserve the right to cancel your order. We are not obliged to supply the item at that price.
5.4 You must contact us immediately with full details if you dispute any payment.
5.5 If any amount due to us is unpaid, or unjustifiably charged back, we may charge you:
5.5.1 a reasonable additional administration fee;
5.5.2 the amount of any third party charges imposed on us; and/or
5.5.3 interest (both before and after judgment) on the amount unpaid at a rate of 1.5% per month, or the maximum allowed by law, whichever is greater.
We may also cancel this agreement on written notice (including email).
6. Your order
6.1 Your order is an offer to buy from us.
6.2 You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Pay Now” button (or similarly marked button). This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.
6.3 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
6.4 We will send you a confirmation email after your order but please note that a binding legal contract is formed only when we accept your offer as stated herein.
6.5 All orders are subject to availability. If any goods are unavailable, we reserve the right to cancel your order. If you have been charged, we will arrange for a full refund.
7. Acceptance / unavailability
7.1 There will be no binding contract of any kind between you and us unless and until we accept your offer by emailing you to confirm that we have despatched the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer.
8.1 Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.
8.2 Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these. We recommend that you check with your local customs office in advance.
8.3 Delivery is only to the countries we specify and is otherwise subject to any restrictions on our delivery page.
8.4 Unless otherwise stated, delivery dates given on our website are estimates only. We have no liability for any losses arising from delay in delivery, unless otherwise provided by law.
8.5 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If you do not, or if you are not available to receive the attempted re-delivery, then we are entitled to impose a reasonable administration charge and to deduct this from the amount of any refund due. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available.
9. Risk and ownership
9.1 Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods or to your carrier.
9.2 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. If you are not a Consumer, you must identify the goods as ours and keep them separate from your other goods until ownership passes.
10.1 EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE PRODUCTS OFFERED FOR SALE ON THE WEBSITE AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED IN THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, OR QUIET ENJOYMENT. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS.
10.2 IN NO EVENT WILL WE BE LIABLE FOR (a) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER CONNECTED WITH THE USE OF THE WEBSITE OR (b) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY GOODS PURCHASED FROM THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
10.4 You must give us a reasonable opportunity to remedy any matter for which we may be liable before you incur any costs remedying the matter yourself.
10.5 You must inspect all goods immediately on receipt and you must notify us in writing of any damage to the goods within a reasonable time of delivery and within ten working days you must give notice in writing in detail of any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly.
10.6 You agree to indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
10.7 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
11. Events outside our control
11.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
12. New York law
12.1 These terms and conditions shall be governed by New York law, without regard to conflicts of law rules, and you expressly consent to the exclusive jurisdiction of the state and federal courts located in the county of New York, for the resolution of any disputes arising out of or related to this agreement.
13.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
14.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.