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GINI Direct Store Policy - General Terms and Disclaimers
The following information is provided for reference and to answer most of your questions. If you need more detailed information, please email to sales@ginidirect.com
General
The ginidirect.com Web site were created by GINI Direct for the exclusive use of our customers, and are intended for research and buying purposes only. No GINI Direct or GINI Direct print or online publication may be duplicated, redistributed or modified in whole or part without prior written authorization from GINI Direct. For the purposes of these terms and conditions, "GINI Direct " shall be taken to include GINI Direct and ginidirect.com. All GINI Direct policies, terms and conditions are subject to change without notice. If the General Terms and Conditions provided on our Web site do not answer your specific questions, or if you need more detailed information, please email to sales@ginidirect.com.
Right of Offset
At any time that an amount is due GINI Direct, GINI Direct shall have the right, without prior notice, to set off and apply any amounts otherwise owed by GINI Direct to purchaser, to any amounts owed to GINI Direct by purchaser, in all cases.
Prices & Availability
Because of the fast-moving nature of the industry, prices and availability are subject to change without notice. GINI Direct is unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice.
Typographic, Photographic and Technical Errors
Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right to substitute equivalent items. If an error is made and a product is listed at an erroneous price, GINI Direct may, at its discretion, refuse or cancel any orders placed at the incorrect price. If an order has been confirmed and charged to your credit card at the incorrect price, GINI Direct shall have the right to immediately issue a credit in the amount of the incorrect price.
Warranty Disclaimer and Limitations on Liability:
GINI Direct PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS? WARRANTEES AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS. GINI Direct MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GINI Direct DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GINI Direct SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTAL (INCLUDING LOST PROFITS OR OPPORTUNITIES), OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF GINI Direct FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. LIKEWISE, GINI Direct WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ALL MERCHANDISE IS SOLD "AS IS". PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY. GINI Direct MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST DATA, ETC.
THIS DISCLAIMER BY GINI Direct IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS' WARRANTIES OR GUARANTEES. GINI Direct WILL PROVIDE COPIES OF SUCH WARRANTIES AND GUARANTEES UPON WRITTEN REQUEST. 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 AND REMEDIES THAT VARY FROM STATE TO STATE.
Disputes:
Any claims against GINI Direct relating in any way to your purchases from GINI Direct shall be submitted to confidential arbitration in California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney's fees. In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and GINI Direct shall be brought in the state or federal courts in California, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.
Governing Law:
Transactions between you and GINI Direct, and any disputes arising between you and GINI Direct related to any interaction between you and GINI Direct, including but not limited to claims relating to the content of its catalogs and website, shall be governed by and construed in accordance with the laws of the State of California without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This agreement, the policies printed in the GINI Direct catalogs and on the ginidirect.com Web site, and the policies, terms and conditions stated on the applicable GINI Direct invoice or packing slip, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties.
Jurisdiction:
Unless otherwise specified, this Web site is presented solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by GINI Direct from its offices within the State of California, United States of America. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with laws governing export of software and other applicable laws, including local laws, if and to the extent local laws are applicable.
Title & Risk of Loss:
Title to items being purchased passes from GINI Direct to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. GINI Direct will not incur any forwarding costs on shipments. GINI Direct shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo, or other acts or events nothing within the reasonable control of GINI Direct.
Internet disclaimer:
Internet connectivity requires access services from an Internet Service provider. Contact your local Service Provider for Internet connectivity and access.
Order Cutoff Time:
Each order must be credit approved and transmitted to the shipping warehouse before the cutoff time of that warehouse location. Same-day shipping cutoff times vary by warehouse location and may range from 2:00pm EST to as late as 10:00pm EST.
Orders placed and/or credit approved later than the applicable warehouse cutoff time will ship the next business day. Orders placed and credit approved anytime Saturday and Sunday for in-stock items will be processed on the following business Monday.
We currently provide no price protection after a purchase has been made.
Applicable Taxes:
Any sales, use or other applicable tax is based on the location to which the
order is shipped. If you believe your purchases are not subject to sales tax,
please email to sales@gini.com.
International Orders:
International orders must email to sales@gini.com. Please note that many products' warranties do not provide coverage outside the U.S., and some products may not be exported due to manufacturers' restrictions or U.S. laws. GINI Direct makes no representations regarding warranty coverage, compatibility, or serviceability for products that are used outside the U.S. Orders for shipment outside the US are subject to higher shipping, handling and processing fees, applicable customs, duties and taxes, all of which are the responsibility of the customer. All international orders must be prepaid in full with U.S. funds, by a cashier's check drawn on a U.S. bank or by wire transfer.
Additional Information:
GINI Direct policies are subject to change without notice. We do our best to ship all orders as rapidly and accurately as possible. However, GINI Direct is not liable for late or delayed shipments or system failures. Title to items being purchased passes from GINI Direct to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. All trademarks and registered trademarks are used to benefit and without intent to infringe on the mark holder.
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