Terms of Sale
PLEASE READ THE FOLLOWING TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER. All customers agree that your order is subject to the following terms of sale and other applicable law. If you do not agree to these terms of sale, please do not order.
This Terms of Sale Agreement (this "Agreement") constitutes a binding legal contract between you and IMC Digital Universe, Inc. ("IMC"), the owner and operator of this website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
Orders; Sales Tax
You may place your order on our Site at any time (subject to any planned or unplanned periodic downtime) notice. With respect to taxes, no taxes are due in relation to gift cards purchased through the Site. The gift card holder will be charged applicable sales taxes when merchandise is purchased from IMC and the gift card is used as tender. If other items are purchased from the Site that are subject to sales tax, IMC will make customers aware of the tax amount due at the point of purchase.
We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. From time to time the design of products or product packaging and labels may change, or be substituted with a similar package design. Some items are of a unique nature and may look slightly different than what is pictured.
Please read all product safety warnings, operator's manuals and other warnings prior to using any products purchased from IMC.
Unless otherwise noted, all sales made through the Site are backed by a 30-day money-back guarantee. If for any reason you wish to return the item(s) you purchased, we offer refund (by same method of payment), exchange or store credit for the purchase price. Shipping & handling charges will not be refunded and returning shipping costs will be your responsibility. Items that have been damaged or modified may not be returned.
In order to return an item, please follow these steps:
1. E-mail firstname.lastname@example.org with the following information:
- Order number.
- Date of purchase
- Method of return (refund, credit, exchange). If exchange, please explain the products you would like to receive in exchange.
- The best contact information to reach you by (phone or e-mail).
2. Wait for an e-mail or phone reply to obtain a return merchandise authorization (RMA) number.
3. Send the item back to the address provided with the RMA number. We recommend you use a delivery confirmation service with insurance up to the value of the item.
Please include a copy of your invoice with the package.
4. After we receive your return, we will process the refund, credit or exchange. Please allow up to 7 days for processing after we receive your item.
Payments and Disputed Payments
IMC does not accept checks, drafts, or money orders for orders submitted through the Site. We accept only the methods available in the checkout process. You will bear all costs associated with a disputed credit card charge which results in action from IMC's merchant account provider, otherwise known as "chargebacks".
In the event that a product is mistakenly listed at an incorrect price, IMC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. IMC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, IMC shall issue a credit to your credit card account in the amount of the incorrect price.
If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
IMC makes no guarantees as to delivery dates or transit times on shipment. We will make reasonable efforts to ship your
Disclaimer of Warranties
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF IMC. YOU ACKNOWLEDGE BY YOUR USE OF IMC? PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH IMC? PRODUCTS. IMC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. ý 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Waiver and Limitation of Liability
IMC HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT IMC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. ý 2301.
Follow all instructions and heed all warnings accompanying any products associated with the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. All tools used for construction of craft products must be used carefully and with adult supervision.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST IMC ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS IMC FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS? FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.
Governing Law and Venue
This Agreement, the entire relationship between you and IMC, and any litigation or other legal proceeding between you and IMC (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its choice of law rules. This contract is fully performable in San Diego County, California.