Terms of Services
Welcome to Nakazono-Saeki LLC DBA Terra New York website.
"Product" shall mean any item offered for sale or licensing on the www. terranewyork.com Web.
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Orders/ Acceptance by Terra New York/Acceptance of This Agreement by You:
All orders of Products placed by you with Terra New York shall be subject to acceptance by Terra New York. Terra New York reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Terra New York, your order shall not be deemed accepted by Terra New York until Terra New York 's shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
4. Limited Warranty:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TERRA NEW YORK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT. TO THE EXTENT TERRA NEW YORK CANNOT LAWFULLY DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES RELATING TO PRODUCTS, YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS CLAUSE.
5. Payment Terms; Price Confirmation/Billing Errors:
- a. Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product ordering. Terra New York e-boutique accepts Visa, Master Card, American Express, and Discovery and does not accept cash, COD, purchase orders, or personal checks.
- b Terra New York payment terms are subject to change without notice at Terra New York's sole discretion. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on our Web site are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Terra New York shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
6 Products, Content and Specifications.
- a. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), and may not be publicly performed or displayed, and may not be duplicated. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- b. Item Availability. All items on Terra New York e-boutique are in stock unless noted "OUT OF STOCK" If the item you wish to purchase is out of stock, please e-mail us at HYPERLINK "mailto:firstname.lastname@example.org"info@HYPERLINK "http://terranewyork.com/"terranewyork.com to request an email notification when the item is available again for sale
7. Limitation of Liability:
BOTH YOURS AND TERRA NEW YORK'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR TERRA NEW YORK BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR TERRA NEW YORK SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
-Terra New York e-boutique will not disclose your contact details to any third parties.