Terms and Conditions
Convertible Solutions Store Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Convertible Solutions. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Convertible Solutions or purchasing Convertible Solutions products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Convertible Solutions or to purchase Convertible Solutions products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Convertible Solutions. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Convertible Solutions used in the site are trademarks or registered trademarks of Convertible Solutions.
Convertible Solutions provides a product replacement warranty on the identical products and quantity sold should the products prove defective by not conforming to Convertible’s specifications as to the performance of any of the pre-converted features, adhesives, perforations, die-cuts or scores. This replacement warranty is good for up to six months from the date of purchase, subject to Buyer’s proper storage, handling and proper usage of the products in accordance with the Convertible’s applicable product handling instructions. If Buyer believes it has received defective products, Buyer must
notify Convertible immediately, but no later than thirty (30) days after discovery of the alleged defect. Convertible will then give Buyer authorization and instructions for disposition of the products. If requested to do so by Convertible, Buyer agrees to return the products, or adequate samples of any allegedly defective products, to Convertible for inspection prior to any such products replacement or recondition. Convertible’s warranty does not extend to or cover labor, downtime, loss of income, equipment repair or replacement, shipping cost, freight damage(s), alteration, misapplication, improper printing techniques, punitive, progressive or consequential damages of any type. No other warranty is implied, expressed, rendered or available and all implied warranties of merchantability, fitness for a particular purpose, or otherwise are hereby disclaimed. Convertible’s total dollar amount of liability is limited to the replacement or recondition of the identical product and quantity sold.
Product Storage, Handling and Usage
Buyer shall be responsible for the proper storage, handling and usage of the products according to the
specifications outlined in Convertible’s product handling instructions. Failure to follow the instructions on the product handling instructions shall void any warranty associated with the products and in no event will the warranty apply if there has been misuse of the products by the Buyer or its customers.
Limitation of Liability
As between Buyer and Convertible, the parties mutually agree to indemnify one another and hold each other harmless from and against any losses, claims, damages or liabilities, to the extent caused by the negligence or other wrongdoing of the indemnifying party and related or arising in any manner out of any transaction, proposal, sale of products, or any other matter (collectively, the “Matters”) contemplated by this Agreement. Notwithstanding anything to the contrary in this Agreement, Convertible’s aggregate liability related or arising out of any Matter shall not exceed the aggregate amount of compensation collected by Convertible with respect to such Matter.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
Returns and Refunds
Returns and refunds are not allowed on Convertible Solutions products. Defective products will be replaced as described in the Warranty section above.
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 part of them, may be terminated by Convertible Solutions without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Convertible Solutions may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Convertible Solutions.
Your use of this site shall be governed in all respects by the laws of the state of Missouri, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Convertible Solutions products) shall be in the state or federal courts located in Missouri. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Convertible Solutions products) must be commenced within one (1) year after the claim or cause of action arises. Convertible Solutions’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Convertible Solutions may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Convertible Solutions or other licensed employee, host, or representative, as well as 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 which may constitute or encourage a criminal offense, violate the rights of any party or which may 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.
Convertible Solutions 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, Convertible Solutions 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, Convertible Solutions 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) offensive or otherwise unacceptable to Convertible Solutions in its sole discretion.
In an attempt to provide increased value to our visitors, Convertible Solutions may link to sites operated by third parties. However, even if the third party is affiliated with Convertible Solutions, Convertible Solutions has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Convertible Solutions. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Convertible Solutions seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).