TERMS AND CONDITIONS FOR PURCHASE OF COMPANY PRODUCTS
The following terms of sale shall apply to each and every order for the products (the “Product”) of The Historical Game Company, LLC d/b/a THGC Publishing (the “Company”). Acceptance of your orders shall be subject to these terms and conditions, may be altered only with the Company’s consent in writing and cannot be altered by your terms of purchase. By accepting delivery of Products or contacting the Company or placing an order through the Company’s website or email, you agree to be bound by these terms and conditions.
- TERMS AND CONDITIONS. These terms and conditions are irrevocably binding upon both the Company and you unless any change has been specifically agreed between both parties in writing.
- VALIDITY OF ORDERS. Orders shall be binding on you and the Company howsoever made. By submitting a purchase order or request to the Company or ordering a Product off the Company website, you agree to be subject to these terms and conditions in their entirety. All purchase orders or requests must be bona fide commitments showing definite quantities. No purchase order, whether or not submitted in response to a quotation by Seller, shall be binding upon Seller until Seller has accepted such purchase order by issuing a written order acknowledgement.
- TITLE. Products remain the property of the Company until you make payment in full.
- PRICES. The Company reserves the right to change prices without prior notice.
- CLAIMS. Any discrepancies in invoicing or shortages in delivery Products should be reported within 10 days of receipt of invoice. The Company shall have no liability to you for any delay in the delivery of Products ordered or any other matters to the extent that the delay is due to any event outside the Company’s reasonable control, including but not limited to acts of God, mistakes or delay by postal offices or similar type delivery services, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
- RETURNS. No returns will be accepted. All sales are final.
- TERMS OF PAYMENT. Payment is due in advance or as otherwise agreed in writing. All costs including attorneys’ fees and legal costs incurred by the Company in recovering overdue debts will be payable by you. Payment may be made by Paypal transfer only to the Company (firstname.lastname@example.org) unless otherwise agreed in writing. Late payment amounts shall accrue interest at 9% per annum.
- DELIVERY. Standard delivery is 2 weeks unless overseas in which case delivery times may vary and be longer. Delivery dates quoted are approximate and the Company cannot be held liable for any delay in delivery of goods. Unless otherwise agreed, shipment is only within the United States.
- JURISDICTION. These terms of supply shall be governed by and interpreted in all respects in accordance with the laws of the State of Missouri, and the parties irrevocably hereto submit and agree to the exclusive jurisdiction of state courts located in St. Louis County, Missouri, for all claims, disputes or litigation involving the Products, payment for the Products or the Company.
- EFFECTIVE INCORPORATION. It will not be necessary for you to have seen or signed a copy of these terms and conditions for them to be binding upon you. The contract becomes effective as indicated above. By placing an order with the Company or ordering a Product from the Company’s website or email, you are agreeing to accept these terms and conditions. If you do not agree with the terms and conditions set out here, you should not order the Products. Please note, these terms and conditions can change at any time so please check on the Company’s website before ordering Products in case there are any changes.
- DISCLAIMERS. The Company will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with the purchase, use or resale of any Products even if the Company has been advised of the possibility of such damages. Further, the Company’s aggregate liability to you for all purposes and arising with respect to the Product shall not exceed the total price of the subject Products paid or payable to you. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD AND OFFERED IN THE COMPANY’S WEBSITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE).
- MISCELLANEOUS. The entire agreement between the parties with respect to the subject matter hereof is embodied in these terms and conditions, the general terms of service on the Company’s website and any applicable invoice and no other agreement relative hereto shall bind either party herein unless in writing signed by all parties. In the event that any provision of these terms and conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these terms and conditions shall remain valid and enforceable according to its terms. Any invoice issued by the Company shall be subject to these terms and conditions and these terms and conditions shall govern in the event of any conflict.
END OF TERMS AND CONDITIONS FOR PURCHASE OF COMPANY PRODUCTS