General Terms and Conditions of Sale
Last modified: November 2015
These General Terms and Conditions of Sale govern the sale of merchandise by Planet Pepper, Inc. (“Planet Pepper” or “we”) to you through or in connection with the website www.planetpeppernyc.com (the “Website”). Your use of the Website to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale. Orders All orders are subject to written acceptance by Planet Pepper. All orders will be confirmed by Planet Pepper, in writing, by e-mail. Merchandise displayed on the Website may be out-of-stock or discontinued, and display on the Website is not a guarantee that it is available for purchase. Prices All prices listed on the Website 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 Checkout.]
Purchase for Personal Use Only You may purchase products on the Website only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION. Colors Planet Pepper has made every effort to display as accurately as possible the colors of the merchandise that appear on the Website. However, since the actual colors you see will depend on your monitor, we cannot guarantee that your monitor will accurately display the actual colors of the merchandise.
Shipping Costs You are responsible for the shipping costs associated with the delivery of merchandise you purchased on the Website.
Shipments and Delivery You bear all risk of loss and damage to the merchandise that has cleared Planet Pepper’s inventory storage facility. Delivery is deemed complete and title to the merchandise passes to you upon acceptance of shipment by a common carrier.
Returns and Refunds Due to the nature of our products, we do not offer returns, refunds or exchanges on any of our merchandise.
Disclaimers and Limitations of Liability PLANET PEPPER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PLANET PEPPER 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. PLANET PEPPER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Binding Agreement Planet Pepper’s order confirmation and these General Terms and Conditions of Sale shall be deemed the final and integrated agreement between Planet Pepper and you on the matters contained in these General Terms and Conditions of Sale.
Governing Law and Jurisdiction
All matters relating to the Website and these General Terms and Conditions of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these General Terms and Conditions of Sale or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Severability 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.