1. APPLICATION OF TERMS AND CONDITIONS OF SALE
The following terms and conditions shall govern the sale by the entity ("AngelsDesire.com" or "Seller") named on the invoice that will be provided to Customer for orders for products sold by AngelsDesire.com, unless Customer has signed a separate formal purchase agreement with AngelsDesire.com
By ordering products on AngelsDesire.com's on-line store or by accepting delivery of the products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. AngelsDesire.com reserves the right to change these terms and conditions without prior written notice at any time, at AngelsDesire.com's sole discretion.
2. OTHER DOCUMENTS DO NOT APPLY
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by AngelsDesire.com
3. PAYMENT TERMS
Terms of payment shall be determined at AngelsDesire.com's discretion and otherwise agreed to by, AngelsDesire.com Payment must be received by AngelsDesire.com prior to AngelsDesire.com's acceptance of Customer's order. Payment shall be made by credit card (and Credit Card Only) through third party merchant processors such as PayPal, Authorize.net, ec.
Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and AngelsDesire.com shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
4. PRICES, SHIPPING AND HANDLING CHARGES AND TAXES
AngelsDesire.com will only ship to U.S. locations. All prices do not include charges for shipping and handling, and taxes. Separate charges for shipping and handling will be shown on the invoice. AngelsDesire.com is obligated to withhold sales tax for delivery within Arizona. Unless Customer provides AngelsDesire.com with a valid and correct tax exemption certificate applicable to the product ship-to location prior to AngelsDesire.com's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.
5. LIMITED WARRANTY
A limited warranty statement will be included with each product shipped to Customer. AngelsDesire.com reserves the right to modify its warranty statement at any time, in its sole discretion. AngelsDesire.com will be obligated to honor any such warranty only upon AngelsDesire.com's receipt of payment in full for the product to be warranted.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, AngelsDesire.com DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. AngelsDesire.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
6. PRODUCTS AVAILABILITY
Product availability may be limited. Products may not be available for immediate delivery. AngelsDesire.com reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, AngelsDesire.com may ship products which have the functionality and specifications of the products ordered but there will be differences in the specifications between what was shipped and what was ordered.
7. EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, AngelsDesire.com SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL AngelsDesire.com BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF AngelsDesire.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
AngelsDesire.com SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF AngelsDesire.com
8. GOVERNING LAW AND JURISDICTION
The sale of products shall be governed by the laws of the State of Arizona excluding the conflict or choice of law provisions. Venue and jurisdiction for all disputes will lie in exclusively Maricopa County, Arizona.
9. EXPORT CONTROL
Products purchased or received under these terms and conditions shall be subject to export laws and regulations of the United States of America.
10. HEADINGS
The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
11. RETURN POLICIES.
AngelsDesire.com products that are purchased directly from AngelsDesire.com by an end-user. Customer may return the product only in accordance with AngelsDesire.com's return policy in effect on the date of the invoice.
12. PRODUCTS.
AngelsDesire.com's policy is one of on-going product update and revision. AngelsDesire.com may revise and discontinue products at any time. AngelsDesire.com will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
13. SERVICE AND SUPPORT
AngelsDesire.com endeavors to provide the best customer and technical support. For end-user Customers, AngelsDesire.com promises that its support people will attempt to handle over the telephone and email any problem involving AngelsDesire.com products. AngelsDesire.com will make on-site service available to Customer in the United States in accordance with the then-current terms and conditions set by AngelsDesire.com and/or the third-party service provider.
14. NO ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement without the express written consent of AngelsDesire.com
15. INVALIDITY OF PROVISIONS
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
16. TITLE
Title to products passes from AngelsDesire.com Online Store to Customer on shipment from AngelsDesire.com facility. Title to software will remain with the applicable licensor(s).
17. APPLICABLE LAWS; NOT FOR RESALE
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
18. TRADEMARKS AND COPYRIGHT NOTICE
AngelsDesire.com, the AngelsDesire.com logo, and the AngelsDesire.com products referred to herein are either the trademarks or the registered trademarks of AngelsDesire.com. The absence of a product name or logo on this web site does not constitute a waiver of AngelsDesire.com's trademark or other intellectual property rights concerning that name or logo.
