Terms and Conditions
Terms and Conditions for Sale of Print Goods to Consumers
1. Applicability. These terms and conditions of sale (the “Agreement”) are the only terms which govern the sale of the goods (“Goods”) by Evelyn Murray Drayton. (“Seller”) to Buyer. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with this Agreement. This Agreement shall prevail over Buyer’s general terms and conditions of purchase, if any, regardless whether or when Buyer has submitted its purchase order or such terms, unless Seller agrees to such Buyer terms in writing. Fulfillment of Buyer’s order does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend these Terms.
2. Delivery. Seller only ships to U.S. International orders shall purchase on Amazon. The Goods are normally shipped within three (3) business days of your order unless otherwise indicated by Seller. Seller shall not be liable for any delays, loss or damage in transit. Unless otherwise agreed in writing by the parties, the Goods shall be delivered to Buyer from Seller or Amazon. Seller shall arrange for shipment of the Goods to Buyer’s desired location using Seller’s standard methods for packaging and shipping such Goods and such shipping costs shall be paid for by Seller at the time of purchase.
3. Title and Risk of Loss. Delivery shall be made FOB Seller. Title and risk of loss passes to Buyer when the carrier accepts the goods for transport.
4. Return Policy. No exchanges or refunds are accepted.
5. Price. Buyer shall purchase the Goods from Seller at the then current list price. All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes, if applicable; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller’s income, revenues, gross receipts, personnel or real or personal property or other assets
6. Limited Warranty. Seller warrants to the original Buyer that the Goods shall leave Seller’s possession free from any damage or defect in workmanship.
THE ABOVE WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE GOODS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES SET FORTH HEREIN SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH HEREIN.
7. Waiver. No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
8. Assignment. Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Agreement.
9. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
10. Choice of Law. South Carolina law shall govern this Agreement without regard to conflicts of laws, and the courts of the State of South Carolina shall have exclusive jurisdiction, and the state courts of Georgetown County, South Carolina shall have the exclusive venue over disputes arising from this Agreement.
11. Entire Agreement and Severability. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, promises and statements, whether written or oral. This Agreement may be altered, modified or waived only by an instrument in writing signed by the parties which refers to this Agreement. If any provision of this Agreement is determined to be invalid under the laws of any jurisdiction where used, that provision will be deemed modified to the extent necessary to make it valid while accomplishing the purpose most similar to that contained in the original provision, and will not affect any other provision of this Agreement.