Agreement between user and http://www.Crystamas.com
Welcome to http://www.Crystamas.com. The http://www.Crystamas.com website (the “Site”) is comprised of various web pages operated by Crystamas Inc http://www.Crystamas.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://www.Crystamas.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
http://www.Crystamas.com is a E-commerce Site, selling luxurious holiday decorations.
Visiting http://www.Crystamas.com or sending emails to Crystamas Inc constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Crystamas Inc is not responsible for third party access to your account that results from theft or misappropriation of your account. Crystamas Inc and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Crystamas Inc does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.Crystamas.com only with permission of a parent or guardian.
This site uses Google Analytics. This mainly uses first-party cookies to report on user interactions on Google Analytics customers’ websites. These cookies are used to store non-personally identifiable information. Browsers do not share first-party cookies across domains.
For customers who use Google Analytics Advertising Features, Google advertising cookies are used to enable features, such as Remarketing, for products like AdWords on the Google Display Network. For more information about how Google uses advertising cookies, visit https://support.google.com/analytics/answer/6004245 You can manage settings for these cookies and opt-out of these features.
Links to third party sites/Third party services
http://www.Crystamas.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Crystamas Inc and Crystamas Inc is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Crystamas Inc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Crystamas Inc of the site or any association with its operators.
Certain services made available via http://www.Crystamas.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.Crystamas.com domain, you hereby acknowledge and consent that Crystamas Inc may share such information and data with any third party with whom Crystamas Inc has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.Crystamas.com users and customers.
Crystamas Inc does not share or sell your personal information.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Crystamas Inc or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Crystamas Inc content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Crystamas Inc and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Crystamas Inc or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Crystamas Inc account to third party accounts. By connecting your Crystamas Inc account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
All purchases made are subject to the Crystamas Return Policy.
The Service is controlled, operated and administered by Crystamas Inc from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Crystamas Inc Content accessed through http://www.Crystamas.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Other Means of Purchasing
Crystamas pieces may be purchased by retailers outside of Crystamas.com. Such pieces are subject to that said retailers terms, conditions and policies.
You agree to indemnify, defend and hold harmless Crystamas Inc, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Crystamas Inc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Crystamas Inc in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CRYSTAMAS INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CRYSTAMAS INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CRYSTAMAS INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Crystamas Inc reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Crystamas Inc as a result of this agreement or use of the Site. Crystamas Inc’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Crystamas Inc’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Crystamas Inc with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Crystamas Inc with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Crystamas Inc with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Sales Agreement THIS SALES AGREEMENT (the “Agreement”) BETWEEN:
Crystamas Inc of 4057 Westlake Dr TX 78746 (the ‘Seller’) – AND – listed as (the ‘Buyer’) IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement the parties to this Agreement agree as follows: Sale of Goods The Seller will sell, transfer and deliver to the Buyer on specified the following goods (the ‘Goods’) see front page “Collections”: Purchase Price The Buyer will accept the Goods and pay for the Goods with the sum of Price on front page, paid prior to delivery as required in clause 4 and 5 of this Agreement The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the purchase price specified in this Agreement, the amount of any present or future sales, use, excise or similar tax applicable to the sale of the Goods will be paid by the Buyer, or alternatively, the Buyer will provide the Seller with a tax exemption certificate acceptable to the applicable taxing authorities. Delivery of Goods (a) The Goods will be delivered to the Buyer. The Seller agrees to furnish the facilities and at its cost to load the Goods on trucks furnished by the Buyer. Freight (b) All shipping and handling charges will be included in the final price F.O.B. Origin Freight Pre-paid and Added. Seller will package goods for pick up unless buyer has a specific request. Items must be fully insured for shipping. Any and all tariffs taxes and duties or additional costs are solely the expense of the buyer. Risk of Loss Risk of loss will be on the Buyer from the time of shipping with the carrier. The Buyer will provide at its expense, insurance on the Goods insuring the Seller’s and the Buyer’s interest as they appear, until payment is in full to the Seller. Warranties: GOODS ARE SOLD ‘AS IS’ AND THE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SELLER WARRANTS THAT THE GOODS SUPPLIED TO BUYER ARE FIT FOR THE PURPOSES INTENDED AND ARE OF MERCHANTABLE QUALITY, FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND FROM ALL LIENS AND CLAIMS OF TITLE. The Seller does not assume, or authorize any other person to assume on the behalf of the Seller, any liability in connection with the sale of the Goods. The Seller’s above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the manufacturer of the Goods. The Buyer has been given the opportunity to inspect the Goods or to have it inspected and the Buyer has accepted the Goods in its existing condition. Further, the Seller disclaims any warranty as to the condition of the Goods. Title to the Goods will remain with the Seller until shipping of the Goods by the Buyer or, in the alternative, the Seller picks up the goods by other means. Any images provided that are approved by the Buyer are binding as approved and waive all claims against Seller. Security Interest The Seller retains a security interest in the Goods until paid in full. Inspection will be made by the Buyer at the time and place of delivery. Claims The Buyer’s failure to give notice of any claim within 3 days from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods. Any third-party inspection services count as full quality of goods and buyer approves goods being of acceptable quality according to the inspection. Excuse for Delay or Failure to Perform The Seller will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, suppliers, fires, pandemics, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement except for custom orders and design fees are non-refundable and 100% is due to the seller once this agreement has been signed and the terms laid out under this agreement. Rights All designs are proprietarily owned by Crystamas Inc unless otherwise agreed upon. All images and designs shared, discussed, manufactured or otherwise are the sole rights of Crystamas Inc unless otherwise agreed to in writing. Buyer waives all rights to any and all designs. Remedies The Buyer’s exclusive remedy and the Seller’s limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the purchase price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer. Cancellation The Seller reserves the right to cancel this Agreement: a. if the Buyer fails to pay for any shipment when due; b. in the event of the Buyer’s insolvency or bankruptcy; or c. if the Seller deems that its prospect of payment is impaired. Notices Any notice to be given or document to be delivered to either the Seller or Buyer pursuant to this Agreement will be sufficient if delivered personally or sent by prepaid registered mail to the address specified below. Any written notice or delivery of documents will have been given, made and received on the day of delivery if delivered personally, or on the third (3rd) consecutive business day next following the date of mailing if sent by prepaid registered mail: SELLER: Crystamas Inc, 4057 Westlake Drive, Austin TX 78746 BUYER: See other page Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement the seller shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. This Agreement is governed by and shall be construed in accordance with the laws of Austin TX. Additional Provisions (a) Retail price: Suggested retail price. In case of a decline in price Buyer shall be protected against any declining prices on the undelivered portion of this order. Seller may elect to meet price reductions on the remaining portion of this order. If Seller refuses to do so Buyer shall have the right the cancel the remaining undelivered item on this order. General Provisions Headings are inserted for the convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. All representations and warranties of the Seller contained in this Agreement will survive the closing of this Agreement. The Buyer may not assign its right or delegate its performance under this Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment. This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement. This Agreement will be governed by and construed in accordance with the laws of the Texas Uniform Commercial Code and the Seller and the Buyer hereby attorn to the jurisdiction of the Courts of the State of Texas. Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of Texas on the date of execution of this Agreement. If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of this All legal fees will be reimbursed by the seller if the buyer is found not at fault for any claims. Agreement will remain in full force and effect. This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer and their respective successors and assigns. Any acceptance of payment in any capacity to the Seller from the Buyer enforces this agreement even if unsigned. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures. Time is of the essence in this Agreement. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that it as not relied upon any representations of the Seller as to prospective performance of the Goods, but has relied upon its own inspection and investigation of the subject matter.
Changes to Terms
Crystamas Inc reserves the right, in its sole discretion, to change the Terms under which http://www.Crystamas.com is offered. The most current version of the Terms will supersede all previous versions. Crystamas Inc encourages you to periodically review the Terms to stay informed of our updates.
Crystamas Inc welcomes your questions or comments regarding the Terms.