Terms and Conditions of Sale
The following General Terms and Conditions of Sale govern the sale of merchandise by Tomas Maier. The Site is available only for purchases made and delivered within the United States. Your use of the Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.
1. ORDERS & PRODUCTS
All orders are subject to e-mail confirmation by us. Please note that the products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
All prices are in US Dollars. Prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated on the payment page of the cart.
The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation e-mail.
All prices are inclusive of customs and import duties.
3. SHIPPING COSTS
You are responsible for the shipping costs associated with the delivery of the products you purchase on the Site as specified on your order confirmation.
4. SHIPMENTS AND DELIVERY
You bear all risk of loss and damage to the products from the time the same have cleared our fulfillment house. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier.
5. RETURNS AND REFUNDS
Please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale.
6. PRE-ORDERS AND PERSONALIZED PRODUCTS
We may offer products for sale before release (“pre-order”) or products to be personalized at your choice (“Personalized Products”). You can place an order for these items in the same way you would do for other available products. Payments for purchases of pre-order and/or Personalized Products may be made by credit card only. A credit card authorization will be processed when you place the order; however, your credit card will not be charged until the product is shipped to you.
Please be aware that, in this case, it may take an average of 8-12 weeks from the date the order is placed to the date the product is available for delivery. All delivery dates are approximate and may be subject to change. You will receive a confirmation e-mail upon shipment of the product.
You will be charged the amount quoted for the product on the date your order is placed. If the price is increased or reduced on the release date and your order has already been confirmed, no difference between the price you were charged and the release-date price will be applied.
If you place an order that contains both Personalized Products (or pre-order products) and currently-available products, the currently available products will be delivered to you in accordance with our standard delivery timelines and your credit card will be charged for the products delivered and for the shipping charges, taxes and any other applicable charges related to all products ordered. The Personalized Product (or the pre-order product) will be delivered when available and your credit card will be charged for the product upon shipment of such product.
Please be informed that you may not place an order that contains both Personalized Products and pre-order products.
7. BINDING AGREEMENT
Our order confirmation, these General Terms and Conditions of Sale and our other Site Policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.
8. GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE tomasmaier.com SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE US SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
3. FORCE MAJEURE
Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.