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Terms & Conditions

 

AGREEMENT BETWEEN USER AND CLAGETT 
Clagett Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Clagett Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of the Clagett Web Site may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the Clagett Web Site may contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Clagett website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

MODIFICATION OF THESE TERMS OF USE. 
Clagett reserves the right to change the terms, conditions, and notices under which the Clagett Web Sites and Purchases are offered, including but not limited any charges associated with the use of the Clagett Web Sites. You are responsible for regularly reviewing these terms and conditions.

USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION. 
Unless otherwise specified, the Clagett Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Clagett Web Sites.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Clagett or to purchase Clagett products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Clagett is strictly prohibited.

Harassment in any manner or form on the Site or any of the Clagett Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Clagett employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

TYPOGRAPHICAL ERRORS
.In the event a Clagett product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Clagett shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Clagett shall have 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 canceled, Clagett shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Clagett without notice at any time for any reason. 

USER PARTICIPATION.
Clagett does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Clagett is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Clagett reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Clagett at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Clagett in accordance with Clagett's Privacy Policy.

USER SUBMISSIONS.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Clagett will have no obligations with respect to the Communications. Clagett will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

CLAIMS.
Each claim or statement about the effectiveness of Clagett products and/or each claim or statement comparing the effectiveness of Clagett products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

DISCLAIMER.
Clagett makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.

Clagett does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, clagett DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. clagett DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. clagett DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.IN NO EVENT SHALL clagett BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF clagett HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ARBITRATION.
By using this Site, you agree that Clagett, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

GENERAL.
Clagett may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

ITEMS OF SALEAll items sold on Clagett are subject to diminutive change, as most items are handcrafted and none are exactly alike.

RISK OF LOSS.
It is the Buyer’s responsibility to seek compensation from the carrier for damaged or missing freight. Seller shall not be responsible for any claims or damages resulting from a delay in delivery or failure to perform which results from: governmental regulations, strike, lockouts, accident, fire, delays in manufacturing, transportation, acts of God, or any other causes beyond the control Seller. In case of partial or complete destruction of goods, Seller is excused unless destruction is due to Seller’s own negligence.

RETURNS OF GOODS.
No Cash refund will be issued. For returns of goods tendered under this Sales Contract to be effective, the Seller must receive written notice of that return  at its headquarters within 14 days after delivery. Returns are allowed only if nonconformity is substantial and noncurable. A “RETURN AUTHORIZATION” form obtained from Seller must be accompanied by Invoice Number and description of all defects of the goods on which the Buyer intends to rely. The failure of Buyer to comply with these conditions shall constitute irrevocable acceptance of the goods by Buyer and Buyer is barred from any remedy. All returns must be shipped back  to Seller’s headquarters. All goods returned must be clean, free of price tags, and packed neatly. Seller has the right to refuse any returned goods  or to credit the Buyer with the lesser amount paid, if the goods are damaged through improper packing or improper display methods at Buyer’s locations

WARRANTY.
Seller gives 14 days limited warranty unless otherwise specified, from the date of delivery. The warranty will not apply to those goods that are damaged due to misuse,  abuse, negligence or notification by any party other than Seller.

LIMITATION OF DAMAGES.
In no event shall Seller by liable for (i) special, indirect, consequential, or punitive damages including but not limited to labor costs incurred by the Buyer or (ii) any damages whatsoever resulting from loss of use or profits arising out of or in connection with the goods sold hereunder. In no event shall Seller
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