(a) You may purchase Products through our Site subject to the terms herein and any additional terms listed on the Site. These Products may have limited quantities.
(b) We endeavor to make the descriptions and photos of Products as accurate as possible but do not guarantee that every description is accurate. The color of some Products may vary slightly from photos on the Site. We may modify product descriptions at any time.
(c) All pricing and availability are subject to change at any time.
(d) We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(e) If you make a purchase online with a credit card or other payment method, you hereby authorize us to charge your credit card or other payment method supplied by you for the pricing displayed on the Site when you make a Purchase.
Acceptance and Delivery
(a) Under no circumstance will we be responsible for any delay in our performance for reasons beyond our control or beyond the control of our suppliers.
(b) The parties agree that, unless otherwise agreed to in writing and signed by both parties, production, shipping, and delivery dates are approximate and that time is not of the essence. All orders by you constitute offers to purchase which are subject to acceptance or rejection by us in Lafayette, Louisiana and any contract for the sale of goods by us is formed and performed in Louisiana. Our acceptance of any order from you is expressly conditional upon your assent to the terms and conditions set forth herein and we expressly limit our acceptance of your order to such terms and conditions and any additional or different terms proposed by you, whether oral, written or electronic are expressly rejected.
(c) Within 180 days of any order, we will (i) ship Products you have ordered (notwithstanding any estimated shipping or delivery dates) or cancel the order for such Products. Unless and until you cancel an order, you consent to the backorder or delay in shipping of merchandise of up to 180 days. If an item is backordered, you may cancel such order at any time by providing notice of cancelation to us.
(a) We will, at our election, either repair, replace, or refund the purchase price (not including shipping and handling charges and restocking fees) for any non-customized Product which is found to be defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise. When making such a claim, you must submit both the original packing slip and the defective merchandise itself (or a sample thereof), unless these conditions are waived by us in writing. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof.
(b) Any refund for merchandise shall not include shipping and handling. At our discretion, we may charge a restocking fee, not to exceed twenty-five percent (25%) for returned merchandise. Title to the merchandise passes to you at and you bear all risk of loss from the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether we pay freight or shipping costs.
(c) Customized products may not be returned and no refunds or credits of any kind will be offered for customized products.
(a) Each shipment of Products shall be treated as a separate transaction. In the event of any breach of these Terms by you, we may decline to make further shipments without in any way affecting our rights under such order. If, despite a default by you, we elect to continue to make shipments, or accept further orders from you, such action(s) shall not constitute a waiver of any default by you, or in any way affect our legal or equitable remedies for any such default, or of any default at any prior or subsequent time. Any refund, credit, gift certificate or discount we offer to you will offset any amounts otherwise owed by us.
Limitation of Warranties and Damages
(a) EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE, OR WITH RESPECT TO ANY APPROVALS, CHARACTERISTICS, CERTIFICATIONS, INGREDIENTS, BENEFITS, USES, STANDARDS, QUALITY OR GRADE OF ANY MERCHANDISE, OR ARISING BY CUSTOM OR TRADE USAGE AND. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
(b) IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE IN ADVANCE. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE BY YOU WILL NOT EXCEED THE TOTAL AGGREGATE SUM PAID BY YOU TO THE COMPANY FOR PRODUCTS PURCHASED.
(c) THIS SITE AND ALL OF THE COMPANY’S PRODUCTS ARE PROVIDED “AS IS,” AND “AS AVAILABLE.” YOU AGREE TO USE THE PRODUCTS SOLELY AT YOUR OWN RISK.