- Acceptance of Terms
- Changes
- Electronic Communications and Notices
- Privacy
- Content, Copyright and Trademarks
- Pricing
- Super Special! items
- Sales Tax
- Shipping and Delivery
- Returns
- Payments
- Order Cancellation
- Images and Colors
- Product Descriptions
- Indemnification
- Disclaimer of Warranties
- Limitation of Liability
The section titles in the Terms of Service are just for convenience and have no legal or contractual effect.
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Acceptance of Terms
Welcome to SpecialsWarehouse.com. This Terms of Service Agreement ("Terms of Service") applies to use of the SpecialsWarehouse.com website located at http://www.specialswarehouse.com (the "Site"). The Site is the property of SpecialsWarehouse.com LLC. Please note that your use of the SpecialsWarehouse.com site, constitutes your unconditional agreement to follow and be bound by these Terms of Service. If you do not agree with any of these Terms of Service, do not use the SpecialsWarehouse.com website.
The Terms of Service constitutes the entire agreement between you and SpecialsWarehouse.com and governs your use of the Service, superseding any prior agreements between you and SpecialsWarehouse.com. The Terms of Service and the relationship between you and SpecialsWarehouse.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and SpecialsWarehouse.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Miami-Dade, Florida. The failure of SpecialsWarehouse.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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Changes
SpecialsWarehouse.com reserves the right to update or modify these Terms of Service at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms of Service as changed. For this reason, we encourage you to review these Terms of Service whenever you use this website.
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Electronic Communications and Notices
When using the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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Privacy
SpecialsWarehouse.com use of personal information that you may submit to SpecialsWarehouse.com through this website is governed by our privacy policy at http://www.specialswarehouse.com/pages/privacy.
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Content, Copyright and Trademarks
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of SpecialsWahouse.com. All other trademarks or service marks are property of their respective owners. The use of any SpecialsWahouse.com trademark or service mark without SpecialsWahouse.com's express written consent is strictly prohibited.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. SpecialsWahouse.com reserves complete title and full intellectual property rights in any Content you download from this website.
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Pricing
While SpecialsWarehouse.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. SpecialsWahouse.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, SpecialsWahouse.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, SpecialsWahouse.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
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Super Special! items
SpecialsWarehouse.com Super Special! items have a promotional or close-out price lower than the original ofered regular price. In some cases these items will have special conditions and different quality requirements. Some Terms of Service will not be applicable to these items, and which Terms of Service are effective or not are at sole discretion of SpecialsWarehouse.com. The special conditions will be made available to the customer on the product description if available.
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Sales Tax
Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within Florida will be charged applicable sales tax according to your area's tax rate.
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Shipping and Delivery
Shipping and delivery information is available under SpecialsWahouse.com Shipping and Delivery secion at: http://www.specialswarehouse.com/pages/shipping.
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Returns
All returns of merchandise are subject to SpecialsWarehouse.com return policy, available under Returns section at: http://www.specialswarehouse.com/pages/returns.
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Payments
You may purchase merchandise from this Website by using any one of the payment options listed in Payment Options, currently Paypal (R) and Google Checkout (R). SpecialsWahouse.com reserves the right to change its payment procedures at any time without prior notice to you.
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Order Cancellation
Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to SpecialsWahouse.com return policy, available at: http://www.specialswarehouse.com/pages/returns.
IN ORDER TO AVOID BEING CHARGED SHIPPING FOR RETURNED ITEMS WHEN CANCELLING, SEND AN EMAIL BEFORE ACTUALLY RECEIVING THE ORDER. THE DATE WE RECEIVE THE CANCELLATION REQUEST EMAIL MUST BE EARLIER THAN THE DELIVERY DATE. WE WILL USE THE CARRIER'S PROVIDED INFORMATION FOR THE DELIVERY DATE.
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Images and Colors
We have made every effort to display the Images and Colors of the products that appear on the Site as accurately as possible. However, as the actual Images and Colors you see will depend on your device (PC monitor or mobile display), we cannot guarantee that your device's display of any color will be accurate.
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Product Descriptions
SpecialsWarehouse.com attempt to be as accurate as possible. However, SpecialsWahouse.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SpecialsWahouse.com itself is not as described, your sole remedy is to return it in unused condition.
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Indemnification
You agree to defend, indemnify and hold SpecialsWarehouse.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
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Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SITE, PRODUCTS, SERVICES, CONTENT, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF SPECIALSWAREHOUSE.COM'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, SPECIALSWAREHOUSE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SPECIALSWAREHOUSE.COM SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT OR CORRESPONDENCE TO DESCRIPTION. -
Limitation of Liability
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL SPECIALSWAREHOUSE.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE SPECIALSWAREHOUSE.COM SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SPECIALSWAREHOUSE.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF SPECIALSWAREHOUSE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT SPECIALSWAREHOUSE.COM SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO SPECIALSWAREHOUSE.COM BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF SPECIALSWAREHOUSE.COM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Last updated: September 2007
