Terms of Sale
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PAYSAGE, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions of sale (these "Terms") apply to the purchase and sale of products and services through www.paysage.com (the "Website"). These Terms are subject to change by PAYSAGE, INC. (referred to as “Paysage.com”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Terms prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website (the “Terms of Use”). You should also carefully review our Privacy Policy before placing an order for products or services through this Website (see Section 10). Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Terms of Use.
1. Order Placement, Acceptance and Cancellation. No contract in regards to the purchase of a product offered on the Website shall exist between you and us until your order has been accepted by us and we send you the Purchase Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.
To place an order, you will be required to create an Account and follow the shopping process online in order to submit the order. After this, you will receive an email from us acknowledging that we have received your order ("Order Confirmation"). Your order constitutes your offer to us to buy one or more products or services from us, under these Terms. All orders are subject to acceptance by us in our sole discretion. We confirm our acceptance by sending you a purchase confirmation email which confirms the order has been processed with our third party vendor or us, as applicable ("Purchase Confirmation"). For all purchases made through the Website you acknowledge and agree that your purchase receipt (including Order Confirmation and Purchase Confirmation) will be provided electronically only; paper copies of receipts will not be provided.
We reserve the right to withdraw any product or service from the Website at any time. We will make reasonable efforts to process all orders. However, if an exceptional circumstance occurs that requires us to refuse to process an order after we have sent you an Order Confirmation and/or Purchase Confirmation; we reserve the right to refuse to process an order at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawal of any product from the Website, even if it is sold, or refusing to process or accept an order after we have sent you the Order Confirmation and/or Purchase Confirmation.
2. Availability of Products. All orders for products are subject to availability restrictions. The products and services described in the Website may not be available in your region. We do not claim that the products and services described in the Website are available for purchase in all jurisdictions. In the event of supply difficulties or because products are no longer in stock or available through our third party vendors, we reserve the right to provide you with information about substitute products or refund money paid. If you do not wish to order such substitute products, we will refund any money that you may have paid. Products offered through the Website are only available for purchase by and delivery to residents of the United States.
3. Prices and Payment Terms. Prices posted on this Website may be different than prices offered by us at our physical location located at 1908 Eastwood Road, Suite 116, Wilmington, NC 28403. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your Order Confirmation. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your Purchase Confirmation. Sales tax is charged (if applicable) according to the shipping address of your order.
We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. If we discover an error in the price of any product(s) or service(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled. If you have already paid for the product(s) you will receive a full refund. We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Purchase Confirmation). All prices are exclusive of shipping charges and sales tax (if applicable).
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. The amount of the purchase will be charged to your card during the online shopping process. By ordering you are confirming that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
4. Shipments; Delivery; Title and Risk of Loss. As long as product is available and there are no exceptional circumstances, we endeavor to fulfill your order for product(s) listed in the Purchase Confirmation as promptly and efficiently as possible. Reasons for delay may include: (i) customization of products or services; (ii) specialized products or services; (iii) unforeseen circumstances; or (iv) delivery area.
We will arrange for shipment of the products to you directly from the vendor or our physical location, as applicable. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs incurred in the processing, handling, packing, shipping, and delivery of your order. Shipping and delivery dates provided in any email confirmations provided to you by us are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Title and risk of loss pass to you upon the transfer of the products to the carrier/delivery.
5. Returns and Refunds. Except as otherwise expressly provided herein, all sales are final and non-returnable.
DUE TO THE CUSTOMIZED NATURE OF OUR PRODUCTS AND SERVICES, WE GENERALLY WILL NEITHER ACCEPT RETURNS ON ANY PRODUCT OR SERVICE NOR REFUND MONEY PAID FOR ANY PRODUCT OR SERVICE.
If you wish to discuss return of an item with us or receive a refund, you must contact our customer service department by email at website@paysage.com immediately following receipt of the item and in any event no later than five (5) days of delivery of the item. We will review your request and the approval of the same is in our sole and absolute discretion. If we notify you in writing of the acceptance of your request, we will accept a return of the product for a refund of your purchase price, less the original shipping and handling costs, in the form of a credit to be used on future purchases through our Website. You are responsible for all shipping and handling charges on any approved returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 25% restocking fee. We will provide you with shipping instructions at the same time you obtain the RMA number. Approved refunds for credit are processed within approximately ten (10) business days of our receipt of your item.
For damaged or defective products, you must immediately contact our customer service department by email at website@paysage.com. If the item is determined, in our sole and absolute discretion, to have been delivered in a defective state other than by reason of damage caused during the shipment process, then we will assist you in returning the defective product to the vendor/manufacturer. HOWEVER WE MAKE NO WARRANTIES OR GUARANTEE THAT THE PRODUCT CAN BE RETURNED. WE DO NOT ASSUME LIABILITY FOR ANY DAMAGE OR COSTS INCURRED IN RETURNING A PRODUCT.
6. Events Outside Our Control. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
7. Product Disclaimer. We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website.
ALL PRODUCTS AND SERVICES OFFERED THROUGH YOUR USE OF THE WEBSITE ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. The applicable paragraph shall not apply to a resident of New Jersey, to the extent damages are the result of our negligent, fraudulent, or reckless act(s), or intentional misconduct.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
PAYSAGE.COM MAKES NO WARRANTY THAT: (A) THE PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE PRODUCT OR SERVICE WILL BE AVAILABLE ON AN ERROR-FREE BASIS; (C) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES. ORDERING ANY PRODUCT OR SERVICE THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK.
Products (such as handcrafted or customized products) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and color variation should be classed as faults; however inconsistencies in these natural characteristics should be expected and appreciated. We use products of the highest quality but natural characteristics are inevitable and should be accepted as a part of the customized and individual appearance of the product.
8. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
9. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
11. Governing Law and Jurisdiction. This Website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of North Carolina.
12. Dispute Resolution and Binding Arbitration. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. Notices. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Paysage, Inc., 1908 Eastwood Road, Suite 116, Wilmington, NC 28403. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
14. Miscellaneous. You shall not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of PAYSAGE, INC. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. Our Order Confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.