Terms & Conditions
TERMS AND CONDITIONS OF USE AND PURCHASE
This Use and Purchase Agreement (“the Agreement”) is entered into by and between Goodwill Industries of Fort Worth, the owners of Edgar’s Bath Goods and EdgarsBathGoods.com, (“Us”, “We”, “Our”) and the user/purchaser (“You”, “Your”) utilizing this website, EdgarsBathGoods.com (the “Site”). The Agreement is effective upon Your use of, or your purchase through, the Site. If You do not agree to any of the terms or conditions contained herein, do not use the Site. It is hereby agreed that the terms and conditions set forth herein encompass the complete and entire agreement between You and Us. It is further understood that We may update this Agreement, from time to time, without notice to You. The Agreement posted on the Site reflects the latest Agreement, and you should carefully review the Agreement every time You use the Site and make a purchase through the Site.
Additionally, it is hereby agreed that this Agreement shall apply to your heirs, assigns, beneficiaries, agents, principals, and any and all other related persons or entities associated with, affected by, or otherwise interested in Your use of the Site.
B. Payments and Processes of Invoices
We have the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Us prior to Our acceptance of an order. Unless a credit term has been agreed upon between You and Us, payment for the products shall be made by credit card, debit card, or other acceptable form of payment. Acceptable methods of payment are determined by Us and may be changed without notice to You or anyone. We retain total discretion to cancel or deny orders. We are not responsible for pricing, typographical, or other errors in any descriptions by Us, and We reserve the right to cancel any orders arising from such errors.
C. Refund Policy
Due to the personal nature of Our products, We do not allow any exchanges, refunds, or returns of used, damaged, or otherwise non-returnable products. We reserve the right to determine if a returned product is in a used, damaged, or otherwise non-returnable condition. We do not have to provide a refund if You have changed Your mind about a particular purchase, so please choose carefully. If there was an error in Your order You have THIRTY (30) DAYS from the day You received Your purchase to contact Us regarding the order’s error. We have sole discretion to decide whether to accept the exchange, refund, or return. In any event, proof of purchase is REQUIRED for all orders necessitating Customer Service attention. We are not responsible for products affected by warm or cold weather climate, and such products may be considered non-returnable.
D. Risk of Loss
You hereby agree that risk of loss for purchased products shifts from Us to You upon our delivery of the purchased products to the shipment provider.
E. Product Pricing & Product Descriptions
The price displayed for products on the Site typically represents the full retail price of the product. However, if a product is mispriced on the Site and the item’s correct price is higher than the displayed price, We will, at Our discretion, either contact the purchaser for instructions before shipping or cancel the order and notify the purchaser of such cancellation. We do not warrant that product descriptions or other contents of the Site are accurate, complete, reliable, current, or error-free. If a product on the Site is not as described, Your sole remedy is to return it in an unused, undamaged, returnable condition. The rights and remedies associated with returns are discussed above.
F. Acknowledgment of Rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
G. Fraud and Other Prohibited Activities
Fraudulent activities are monitored on the Site, and if fraud is detected, We shall utilize all remedies available to Us, and You shall be responsible for all costs and legal fees arising from these fraudulent activities. Additionally, unauthorized use of this website may give rise to a claim for damages and/or constitute a criminal offence. You represent, warrant and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the website any materials which: restrict or inhibit any other user from using and enjoying the website; are unlawful, threatening, offensive, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise infringe the rights of Us or any third party including, without limitation copyright, trademark, patent; or contain a virus or other harmful or potentially harmful material or routine that may damage or detrimentally interfere with the Site.
WARRANTY DISCLAIMER AND LIMITATIONS LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ACCESS AND USE OF THE SITE AND ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE’S PRODUCTS AND SERVICES ARE PROVIDED “AS IS, WHERE IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED AND/OR WITHOUT CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITHOUT LIMITATION. YOU EXPRESSLY WARRANT AND REPRESENT THAT NO PROMISE OR AGREEMENT WHICH IS NOT HEREIN EXPRESSED HAS BEEN MADE TO YOU IN EXECUTING THIS AGREEMENT AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OR REPRESENTATION OF ANY AGENT OF US BUT ARE INSTEAD RELYING ON YOUR OWN JUDGMENT.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGE, LOSS OR EXPENSE, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. WE SHALL NOT BE OBLIGATED TO ASSUME THE DEFENSE OR SATISFY ANY CLAIM THAT MIGHT BE MADE AGAINST YOU BY ANY OTHER PARTY. WE SHALL HAVE NO LIABILITY FOR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE’S SERVICES OR PRODUCTS PURCHASED THEREON, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
***IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE TOTAL PRICE OF THE SUBJECT PRODUCTS PAID OR PAYABLE BY YOU TO US.***
The failure of either party to exercise any of their rights under this Agreement for a breach thereof shall not be deemed a waiver of such rights or waiver of any subsequent breach.
J. Choice of Law
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict of laws and principles, and each party hereby submits to the nonexclusive jurisdiction of the state and federal courts of Tarrant County, Texas, for purposes of all legal proceedings arising out of or relating to this Agreement and the services and products contemplated hereby.
Non-Assignability of Your Rights. You may not assign or transfer this Agreement, or its rights, obligations, and duties, including any cause-of-action rights, without the prior written consent of Us.
Assignability of Our Rights. We may assign any and all rights under this Agreement to any person at any time without notice and without Your consent.
If any term or provision hereof, or application thereof, is held invalid or unenforceable by a court or regulating body of competent jurisdiction, the balance of the Agreement shall be valid and remain in force.