TERMS AND CONDITIONS OF PRE-ORDER AND SALE
THESE TERMS AND CONDITIONS OF PRE-ORDER AND SALE (“AGREEMENT”) SET FORTH THE TERMS UPON WHICH PATTERSON GIMLIN LTD ACCEPTS PRE-ORDERS. BY PRE-ORDERING A PRODUCT, YOU ARE AGREEING TO THIS AGREEMENT, WHICH FORMS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. DO NOT PRE-ORDER A PRODUCT IF YOU DO NOT ACCEPT THIS AGREEMENT. THE TERM “YOU” MEANS BOTH THE INDIVIDUAL PLACING THE PRE-ORDER AND THE ENTITY ON WHOSE BEHALF SUCH INDIVIDUAL IS ACTING, IF ANY.
Any orders for Products placed through the Website are binding. All order quantities are firm, and you may not cancel or modify any order, except as set forth in this Agreement.
2. Pricing and Payment.
You agree to pay the price for the particular Product you are purchasing listed on the ‘Uniformes' website by credit card or Paypal in accordance with the payment procedures described on the Website.
3. Transfer of Risk and Title; Refunds.
Risk in the Product passes to you on Patterson Gimlin Ltd delivery of the Product to the carrier, and you are responsible for any loss or damage to Products from that point. Title to the Product passes to you upon Patterson Gimlin Ltd receipt of payment for the Product.
4. Personal Use Only; Restrictions.
You shall use the Product only for personal purposes. You shall not reverse engineer any Product or use the Product to create a competitive product.
5. Replacement of Faulty Product.
If you believe any Product shipped to you is faulty, contact Patterson Gimlin Ltd to trouble shoot the Product and if necessary request a return. Patterson Gimlin Ltd in its discretion, accept returns for goods that are defective or damaged provided that notice of such damage is given to Patterson Gimlin Ltd within 15 days of your receipt of such goods. No returns will be accepted by Patterson Gimlin Ltd thereafter. You will comply with Patterson Gimlin Ltd returns procedures when returning products. Patterson Gimlin Ltd is under no obligation to accept any returns of Products where the defect or fault was caused by you or the defect or fault occurred after shipment by Patterson Gimlin Ltd. Patterson Gimlin Ltd will ship a replacement Product to you only after receipt of the allegedly faulty Product by Patterson Gimlin Ltd.
6. Intellectual Property.
Patterson Gimlin Ltd (Uniformes) and its licensors own all intellectual property rights in the Products. You shall acquire no interest or rights in Patterson Gimlin Ltd intellectual property by virtue of this Agreement.
7. Force Majeure.
Patterson Gimlin Ltd shall not be liable for any breach of this Agreement to the extent arising from any factor outside Patterson Gimlin Ltd reasonable control.
8. Entire Agreement.
If any provision of this Agreement is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties.