TERMS OF SALE

TERMS OF SALE

These TERMS OF SALE (this “Agreement”) apply to all commercial transactions between Morado, LLC d/b/a The Morado Company (“Company,” “we,” or “us”) and you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”), made on or through https://haphazardnation.com (the “Website”). You and Company may sometimes referred to herein each as a “Party” and together as the “Parties”). 

Please read this Agreement carefully because it constitutes a legally binding contract between you and Company.  This Agreement supplements Company’s Terms of Use and Privacy Policy which you should also read and are incorporated herein by reference.  These policies include limitations on your legal rights and remedies, which you should read.

If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from using the Website as described below.

1.      Sales

a.       Product purchases.  The Website may allow you to purchase certain products, some of which might only be made available to you upon completion of an online form or other instructions provided to you by Company.  You must complete all required steps and follow all instructions to complete a purchase.  Company has the right to refuse its products and services to you if it suspects that you are in any way involved in fraudulent or illegal activity, (including, without limitation, the use of stolen credit cards); and may contact your payment method issuer, law enforcement or others and share information relating to your payments if Company believes doing so will prevent a violation of the law or financial loss.  Company reserves the right, but not the obligation, to change or otherwise alter the operation, features and content of the Website, including available products, as Company sees fit in its sole discretion from time-to-time. 

b.      Shopping Cart.  Transactions take place through an online shopping cart feature (“Shopping Cart”).  Once you proceed to “check out” or the like, you will be able to review your order, update quantities, remove items and enter promotional codes, if any, as applicable.  Once you have completed all required steps and submitted your order, Company or its contractor(s) will then ship or arrange for the electronic delivery or physical shipment of the purchased product items to your designated shipping address, as applicable. 

c.       Third-Party Vendors.  The Shopping Cart is provided by a third-party vendor (or vendors) and resides on the applicable third-party vendor’s website via a dedicated page or portal.  All credit card, debit card and other monetary transactions on or through the Website and Shopping Cart occur through an online payment processing application that is provided by a third-party vendor(s).  You should review the terms of service and other policies of Company’s third-party vendors, available here: (https://www.printful.com/policies, https://www.shopify.com/legal and here https://docs.woocommerce.com/).  Company’s relationship with its third-party vendors, if any, is merely contractual in nature, as they are nothing more than third-party vendors and are in no way subject Company’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.

d.      Payment Authorization.  If you provide your payment information on or through the Website or the Shopping Cart, then you authorize Company and its third-party payment processing vendor(s) to charge payments that you accrue on or through the Site or Shopping Cart.

e.       Payment Obligations.  You agree that you are responsible for the payment of all amounts that accrue through your use of the Website or Shopping Cart, Company’s third-party payment processing vendor(s), and/or any other third-party providers on, through or in relation to the Website (including, without limitation, all shipping and handling charges associated with the delivery of any products that you may purchase from Company).  You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on, through or in relation to the Website, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

f.        Waiver of Claims; Unauthorized PaymentsTo the fullest extent permitted by law, you agree to waive all claims against Company related to any unauthorized payments made on, through or in relation to the Website or Shopping Cart, Company’s third-party payment processing vendor(s), any other third-party providers and/or any other person or entity, regardless of whether they are authorized or unauthorized.

g.      Accurate Payment Information.  You represent and warrant that any payment information you provide on or through the Website or Shopping Cart is complete and accurate; and that you will promptly notify Company if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

h.      Refunds, Returns and Exchanges.  All sales and payments made on, through or regarding the Website, Shopping Cart, or any products and services offered, sold or provided to you on or through them, as applicable, are final, irrevocable, and not subject to or eligible for refund, return or exchange, in whole or in part, except as expressly stated in this Agreement or the applicable policies of Company’s third-party vendors (available here: https://www.printful.com/policies/returns) and subject to your full compliance with the terms and conditions of those exceptions unless otherwise noted in the refund policy page.

2.      Disclaimers and Limitations.

a.       Disclaimer About Products and Services.  All descriptions, images, references, features, content, specifications, products and prices of any products offered on, through, or in relation to the Website are subject to change at any time and without notice to you.  Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only.  The inclusion of any products or services on, through or in relation to the Website does not imply or warrant that they are or will be available.  It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any product ordered or purchased on, through or in relation to the Website.  Company reserves the right, with or without prior notice to you, to do any one or more of the following:  (i) limit the available quantity of or discontinue any such product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar you from making or completing any transactions on, through or in relation to the Site or the Services; and (iv) refuse to provide you with any such product or service.

b.      Disclaimer About System Delays.  You understand and acknowledge that the Website and Shopping Cart may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of Company’s control.  Accordingly, Company shall not be responsible for, and expressly disclaims, any delays, failures, losses, injuries, liabilities or damages associated with the Site or the Services which result from any system delays, downtimes, interruptions or other failures of or problems with the Website or Shopping Cart, which are outside of Company’s control (including, without limitation, scheduled maintenance or network failure).

c.       No Injunctive ReliefIf Company breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against Company relating to the Website or any products or services made available on, through or in relation to the Website (including, without limitation, the Services) as a result of such breach or other violation.  For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).

d.      Limitation of Remedies.  If Company breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative or punitive damages arising out of or in relation to such breach or other violation, even if Company has been notified of the possibility of such damages; and in no event shall Company’s liability under this Agreement exceed the amount that you have actually paid directly to Company within the six (6) month period immediately preceding the date of such breach, if any, or other violation of this Agreement.

e.       Consumer Protections.  The disclaimers and limitations set forth in this section are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.

3.      General Release of ClaimsYou hereby release and hold harmless Company and Company’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Website, the products or services made available on, through or in relation to the Website, and/or the rights and privileges granted or conveyed by you under this Agreement.

4.      Contact Us.  Please direct any questions you may have about the Website or this Agreement to legal@haphazardnation.com, with a subject line of “Website Question.”  The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Agreement.

5.      Last Modified.  This Agreement was last modified on April 19, 2021.

 

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