Sales Terms and Conditions
1. Products: Cultivate Mercy agrees to sell and Purchaser agrees to purchase the products listed on Cultivate Mercy's Website (the "Products") in accordance with the terms and conditions set forth herein.
2. Purchase Price: Purchaser agrees to pay the purchase price for the Products as indicated on Cultivate Mercy's Website at the time of purchase. Purchaser shall bear all applicable taxes, including sales tax, VAT, or any other taxes imposed by any governmental authority in connection with the purchase of the Products.
3. All Sales Final, Non-Returnable: Purchaser acknowledges and agrees that all sales of Products through Cultivate Mercy's Website are final and non-returnable, except as expressly provided herein. No refunds, exchanges, or returns shall be accepted by Cultivate Mercy unless the Products are damaged or defective upon delivery, in which case Purchaser must notify Cultivate Mercy within [number] days of receipt of the Products.
4. Delivery: Cultivate Mercy shall use commercially reasonable efforts to deliver the Products to Purchaser at the address provided by Purchaser at the time of purchase. However, Cultivate Mercy shall not be liable for any delays or failure in delivery caused by circumstances beyond its reasonable control.
5. Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH HEREIN, CULTIVATE MERCY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
6. Limitation of Liability: IN NO EVENT SHALL CULTIVATE MERCY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CULTIVATE MERCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to its conflicts of laws principles.
8. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. IN WITNESS WHEREOF, the parties hereto have executed this Agreement at the time of purchase.
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CULTIVATE MERCY LLC