Last updated and effective as of: September 25, 2017

 

The following Terms and Conditions of Sale govern the order and sale of merchandise by JAMES CARLESTONS, LLC., a Florida limited liability company (the "Provider" or "we" or “us” or “our”) to you through this website (the "Site").  Your use of the Site to order or purchase merchandise indicates your agreement to follow and to be bound by these Terms and Conditions of Sale and all other portions of the Agreement between you and us and your intent to be legally bound hereby.

1. ORDERS & MERCHANDISE

All orders are subject to e-mail confirmation by us to the e-mail address you provide to us and associate with your order.  Our e-mail to you is a confirmation that your order has been received by us but does not constitute acceptance of your order.  We reserve the right at any time after receipt of your order to accept or decline your order for any reason and will contact you at the e-mail address provided in the order form of our decision to accept or reject your order.  In the event that we reject the order, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order.

Please note that the merchandise displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed.  While we strive to accurately display the colors of merchandise, the actual colors you see will depend on your monitor and may not be accurate.

The purchase of merchandise is subject to availability.  In the event that we advise you that such merchandise is no longer available, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order.

All advertisements, prices and merchandise listings on the Site are invitations to purchase and are not offers to sell.  We reserve the right, in our sole discretion, to accept or reject any order once the order form has been completed and submitted.

2. MODIFICATION OF TERMS AND CONDITIONS OF SALE AND THE AGREEMENT

 

We may at any time modify these Terms and Conditions of Sale or any other part of the Agreement by providing you notice, via the Site, e-mail or mail, all in accordance with applicable laws.  If you do not agree to the modified Terms and Conditions of Sale or of the Agreement, you may cancel your order for a full refund within five (5) days of receipt of the modified Terms and Conditions of Sale or modified part of the Agreement.

 

3. PRICES

All prices are in United States dollars.  Prices may change without notice from time to time.  The total amount due excludes sales tax that may be applied in accordance with applicable federal, state and local laws, rules and regulations.  The applicable sales tax amount may be indicated at the time of payment.

The amount of sales tax charged on your order will depend upon various factors, including, without limitation, the type of merchandise purchased, sales price and destination of the shipment.  Sales tax regulations may change between the time you place an order and the time of payment or credit card charge authorization and this may affect the calculation of sales taxes.  The amount appearing on your payment page of the Site or in your cart may differ from the sales taxes ultimately charged as indicated in the invoice or documentation you may receive with the shipping confirmation e-mail or with your order delivery.  All prices exclude customs and import duties.

4. METHOD OF PAYMENT

When placing an order, your billing address must correspond to the address of your credit card or other form of payment, otherwise we will not be able to process your order.  You may pay for your purchase using a valid VISA, MasterCard, American Express or Discover card or other form of payment that we accept and you authorize us to charge the applicable card for the fees and you represent and warrant that you are the cardholder of the applicable card or payment method.  If your card or payment is rejected for any reason, your order will not be shipped and we will have no obligation to fulfill your order.

5. SHIPPING COSTS

You are responsible for the shipping costs associated with the delivery of the merchandise you purchase on the Site as specified on the Site or your order confirmation.

6. SHIPMENTS AND DELIVERY

You bear all risks of loss and damage to the merchandise from the time the merchandise is provided to the carrier for shipment.  Delivery is deemed complete and title to the merchandise passes to you upon acceptance of shipment by the carrier.

7. RETURNS AND REFUNDS

Please refer to our Return and Refund Policy, which forms an integral part of these Terms and Conditions of Sale and the Agreement, the contents of which are incorporated into these Terms and Conditions of Sale and the Agreement by this reference.

8. BINDING AND ENTIRE AGREEMENT

These Terms and Conditions of Sale, along with the Site’s Terms of Use and the Return and Refund Policy (collectively, the “Agreement”) constitute the entire, complete and only agreement between you and us regarding the subject matter contained herein, the Site and its use, and your order, purchase and use of merchandise, and supersedes all proposals and prior agreements, whether oral or written, and all other communications between the parties relating to this subject matter.   Any modification of any term or condition of the Agreement shall be effective only if in writing and signed by authorized representatives of all parties.  No other act, usage or custom shall be deemed to modify the Agreement.  You may not assign the Agreement to any third party without our prior written consent.  The Agreement will be binding upon and will ensure to the benefit of the parties and their heirs, successors and assigns.

9. GOVERNING LAW AND CHOICE OF FORUM

The Agreement is governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  The parties agree that the Agreement shall not be governed by the Uniform Computer Information Transactions Act (UCITA) should UCITA or any similar legislation be in force or later enacted in any jurisdiction governing the Agreement.  You agree that the sole and exclusive venue for any dispute arising out of or relating to the Agreement or the Site or any merchandise offered, ordered or sold to you or any merchandise’s use or misuse shall be filed, and venue properly lies, only in a state or federal court located in Jacksonville, Duval County, Florida, and that you irrevocably consent to the personal jurisdiction and venue therein.  ALL PARTIES TO THE AGREEMENT WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.      

 

10. LIMITED WARRANTY

 

Subject to applicable conditions and exclusions, handbags are protected from the original date of purchase by a one-year limited warranty, and footwear and all other goods are protected from the original date of purchase by a ninety-day limited warranty that covers defects in material and workmanship under normal use (the “Limited Warranty”).  We will repair or replace the item free of charge with the same or a comparable product.  Defective items will not be returned to you.  You are responsible for any costs associated with shipping the defective product to us for repair or replacement.   

The Limited Warranty does not cover normal wear and tear or damages arising from dye transference, accidents, misuse, neglect, improper care, or from any alteration, service or repair performed by anyone other than us.  The warranty shall only apply to and cover items originally purchased for consumer use directly from us or from one of our authorized resellers.  For warranty service, your proof of purchase is required and must be provided with your item.

Please understand that variations in color and texture are the prized characteristics of beautiful tanned leather.  Over time, leather and other materials will acquire a patina and may also darken or change color due to the oils from your skin, direct sunlight and exposure to other chemicals and materials that may occur during usage.  These instances constitute ordinary wear and tear. 

For warranty service, please contact us at info@jamescarletons.com

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, AS TO THE MERCHANDISE OFFERED, ORDERED OR SOLD TO YOU, AND THE MERCHANDISE IS SOLD AND PROVIDED TO YOU “AS IS” AND WITH “ALL FAULTS” AND WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 

 

11. LIMITATIONS OF DAMAGES AND LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY SIMILAR DAMAGES OF ANY KIND OR NATURE, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SITE OR ANY MERCHANDISE OFFERED, ORDERED, PURCHASED OR SOLD TO YOU OR ANY MERCHANDISE’S USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, CIVIL LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THE AGREEMENT OR ANY FUNDAMENTAL BREACH OF THE AGREEMENT.

PROVIDER’S COMPLETE, AGGREGATE AND TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES, INJURIES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SITE OR ANY MERCHANDISE OFFERED, ORDERED, PURCHASED OR SOLD TO YOU OR ANY MERCHANDISE’S USE OR MISUSE (COLLECTIVELY, A “LIABILITY”), SHALL BE LIMITED TO: (I) IF THE LIABILITY WAS CAUSED BY MERCHANDISE PURCHASED BY YOU, THEN THE AMOUNT OF THE PURCHASE PRICE FOR SUCH MERCHANDISE GIVING RISE TO THE LIABILITY THAT WAS ACTUALLY PAID BY YOU TO US; OR (II) IF THE LIABILITY IS NOT CAUSED BY MERCHANDISE PURCHASED BY YOU, THEN ONE HUNDRED AND NO/100 DOLLARS ($100.00).

CERTAIN STATE LAWS AND JURISDICTIONS 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.

12. SEVERABILITY

Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law.  However, if any provision of the Agreement or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible.  Otherwise, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of the Agreement or the application of the provision to the other parties or other circumstances. 

13. WAIVER

The waiver of a breach of these Agreement or the failure of a party to exercise any right under the Agreement shall only be effective if in writing.  In no event shall any waiver constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under the Agreement. 

 

14. FORCE MAJEURE

Provider shall not be liable for any delay or failure in performance of any obligation under the Agreement caused by circumstances beyond its reasonable control.