Terms of Use
TERMS AND CONDITIONS OF PURCHASES
All purchases made by any person or entity (each, a "Buyer") on this website (the "Website") from Gazza Ladra, LLC (the "Seller") are subject to the following terms and conditions ("these Terms and Conditions"):
1. Buyer shall pay the full purchase price, plus any applicable sales taxes and shipping and handling fees, for all goods at the time an order is placed. ALL PURCHASES ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION. Upon Seller’s approval, Buyer may return goods that are damaged or defective at the time of shipment, or may correct any shortages or delivery errors, but if Buyer contacts Seller within 10 days from the day Buyer receives the goods. If Buyer does not contact Seller within the initial 10-day period, the goods will be deemed accepted. For any properly returned goods, at Seller’s discretion, Seller may replace the goods free of charge, issue a product credit or refund for the product value and shipping charges. All purchases are F.O.B. origin, freight prepaid to destination specified in the order. Title and risk of loss pass to Buyer upon tender of shipment to the carrier. If the goods are lost in transit, Buyer’s recourse is to file a claim with the carrier.
2. Prices displayed on Seller’s Website are subject to availability and are not offers but merely invitations to make an offer. When Buyer places an order, Seller reserves the right to accept or reject the offer, or make a counteroffer with different terms. Prices on the Website may be withdrawn or modified by Seller without notice to Buyer. Prices are exclusive of taxes and shipping and handling charges. When Buyer places an order and such order is accepted by Seller, sales tax (where applicable) and shipping and handling charges will be added to the price. Buyer is solely responsible for processing and payment of all custom duties, import taxes, tariffs, and any other fees and charges applicable to international sales. Standard shipping method is U.S. Priority Mail. International tracking is not provided. Buyer may contact Seller and request a quote for a shipping method that includes international tracking. If international tracking is requested by Buyer, any applicable additional shipping charges will be added to the price. Seller does not provide insurance for goods in transit. Buyer may request a quote from Seller on insurance on the shipment. Orders are normally fulfilled and shipped within 2-4 weeks of purchase, but Seller does not guarantee a specific shipping time.
3. Seller disclaims any and all express or implied warranties of any kind, including without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranty of suitability, or any warranty of result, with respect to the purchases and underlying goods and/or services provided in connection therewith. Seller’s aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the goods Buyer ordered. Seller shall not in any case be liable for consequential, incidental, or other special damages of any kind. Seller shall not be liable for any delay, damage, destruction, liability, injury, or harm resulting in whole or part from failure of its suppliers to ship or deliver on time, any delay in transit, including without limitation, any delay at any international port of entry, or any act of God, casualty, force majeure, or other cause beyond the reasonable control of Seller.
4. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, and all purchases are performable in New York City, New York. These Terms and Conditions, and every provision thereof, shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. Wherever the context shall require, the singular shall include the plural, and the male gender shall include the female gender and the neuter, and vice versa. In the event an action is brought by either party to enforce or interpret any provision of these Terms and Conditions, the prevailing party will be entitled to recover its costs and expenses including, without limitation, reasonable attorney's fees, costs, and necessary disbursements, in addition to any other relief to which such prevailing party shall be entitled to receive. No consent or waiver, express or implied, by a party to or for any breach of any provision hereunder by the other party shall be deemed a consent or waiver to or for any other breach of the same provision or any other provision hereunder. Wherever the context shall require, the singular shall include the plural, and the male gender shall include the female gender and the neuter, and vice versa. Any provision, or part thereof, of these Terms and Conditions held by a court of competent jurisdiction to be invalid or unenforceable shall not impair or invalidate the remainder of these Terms and Conditions and the effect thereof shall be confined to the provision, or part thereof, so held to be invalid or unenforceable. These Terms and Conditions, along with the Terms of Use of the Website, are the final, complete, and entire agreement between the parties with respect to purchases by Buyer from Seller and supersedes all prior communications, oral or written, between the parties. From time to time, and in its discretion, Seller may amend these Terms and Conditions upon written notice to Buyer by posting the same to the Website.