Yarn Culture Terms and Conditions of Sale and Limited Warranty
Orders made from Yarn Culture, LLC (hereainfter, “Yarn Culture,” “We,” “Our,” or “Us”) are subject to all of the terms and conditions of the following Terms and Conditions of Sale and Limited Warranty. The Terms and Conditions of Sale and Limited Warranty (the “Terms and Conditions”) apply to any order and purchase of Yarn Culture goods or services (“Products”) whether made in-store, telephonically, by facsimile, or through websites on the World Wide Web that are owned and operated by Yarn Culture (collectively, the “Website”). By offering to purchase the products or services offered by Yarn Culture, you (“Your” or “Your”) hereby acknowledges that You understand, agree to, and accept all of the Terms and Conditions without limitation, modification, or qualification, and that You further acknowledge that any additional or conflicting terms you propose are rejected by Yarn Culture.
Following delivery of the Product to You, You have the right to inspect the Product upon receipt. If We have made an error and not delivered what You ordered, it may be returned in accordance with the Yarn Culture Return Policy, which is incorporated into these Terms and Conditions by this reference, or by making a Warranty Claim, as defined below. The Yarn Culture Return Policy is available on our Website at:Return Policy.
When You order Products from Us, Products are offered and sold on the condition that such sale does not convey any right, title, or license, expressly or by implication, estoppel, or otherwise, under any
patent, trademark, copyright, trade secret, or other know-how that We own or license from a third party.
You agree to comply with all applicable laws, rules, and regulations in Your order and use of the Products. Sale in certain locations may be subject to Our collecting applicable sales or other taxes; any applicable taxes not collected by Us are Your sole and exclusive obligation to properly report and pay.
We will be excused for failures and delays in performance resulting from acts beyond Our reasonable control. Such acts include, without limitation, acts of God, strikes, walkouts, lockouts, freight embargo, riots, acts of war, acts of terrorism, laws, regulations, or other government proclamations, ordinances, or acts, quarantine, epidemics, unusually severe weather, power failures, earthquakes, floods, fires, explosions, or other catastrophes.
You may not assign, amend, or modify these Terms and Conditions and any attempted assignment, amendment or modification shall be void.
These Terms and Conditions shall be governed by the laws of the State of New York without reference to conflicts of law principles. Any litigation concerning Your order or the Products shall be brought only in a court with subject matter jurisdiction located in Monroe County, New York, and We and You hereby expressly and irrevocably consent and submit to the personal jurisdiction of all such courts for this purpose and waive any claim that such forum is inconvenient, provided that We may, at its sole option, nonetheless bring an action for the price of the Products and any other sums due to Us hereunder or under any other agreement or transaction in any other court with subject matter jurisdiction where personal jurisdiction over You may be obtained.
If any provision of these Terms and Conditions is held invalid or unenforceable by any court or administrative body, such provision shall be considered struck as to You but all other provisions of these Terms and Conditions will be construed to remain fully valid, unenforceable, and binding on You and Us.