Additional Terms of Sale
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Order Acceptance and Confirmation
We may, at our sole discretion, refuse or cancel any order and limit order quantity. We may also require additional qualifying information prior to accepting or processing any order. Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason. If we cancel an order after you have already been billed, we will refund the billed amount.
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Taxes
In accordance with state and local law, you will be taxed using the applicable sales tax rate for the your shipping address. The tax listed during checkout is only an estimate. Your confirmation email will reflect the final sales and local taxes charged.
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Warranties
We warrant to the original purchaser that each product purchased through Santa’s Store is free of defects in materials or workmanship for one year from the date of purchase.
We will replace any product that fails in normal use at no charge to you, provided that you pay for shipping. A dated order confirmation or sales receipt is required for proof of purchase. This warranty does not apply to products that have been altered, subjected to misuse or abuse, sold or purchased illegally, sold by a retailer not authorized by CCA&B, or determined to be counterfeit goods.
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Intellectual Property
We shall retain all copyrights, trademarks, trade secrets and all other intellectual property rights we possess regarding CCA and B’s products and related materials. You acknowledge and agree that CCA and B products purchased hereunder are intended for personal use only and are not intended for re-sale or commercial use. Any unauthorized re-sale or commercial use may constitute intellectual property infringement. Additionally, you acknowledge and agree that no right, title, or interest in or to any of CCA and B’s intellectual property is conferred by way of your purchase of CCA and B products. Any commercial use of CCA and B’s intellectual property or products without our explicit written authorization shall be deemed unauthorized, improper use (“Improper Use”) and we hereby disclaim any and all liability related to claims, suits, actions, damages, losses, demands, costs and expenses (including reasonable attorneys’ expenses) arising out of such Improper Use.
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Limitation of Liability
Our total liability on any claim for loss or damage arising out of, in connection with, or resulting from an Order, or from the performance or breach thereof, or from the manufacture, sale, delivery, resale, repair or use of any product or services rendered covered by or furnished under an Order shall in no case exceed the price allocable to the product that gives rise to the claim. CCA and B shall not be liable for any claim for loss or damage arising out of Buyer’s Improper Use of CCA and B products, or any claim for loss or damage arising out of, in connection with, or resulting from CCA and B products purchased from unauthorized or third-party resellers. IN NO EVENT SHALL CCA AND B BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING CLAIMS FOR LOST PROFITS OR SALES.
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Disputes and Governing Law
The validity, performance and construction of these Terms of Sale, and any disputes arising from or relating thereto, shall be governed by the laws of the State of Georgia without reference to the principles of conflicts of laws. The exclusive venue for any action arising out of or related to the Agreement shall be in the courts with the appropriate jurisdiction serving Marietta, Georgia and each party irrevocably submits to the jurisdiction of each such court in any such action and waives any objection it may now or hereafter have to venue or personal jurisdiction in each such court.