NATURE OF AGREEMENT
This Agreement contains the complete terms and conditions that apply to you in using General Bottle Supply’s website. By using or shopping from this website, you and General Bottle Supply agree to be bound by these terms and conditions. This Agreement, together with your purchase order(s) (if applicable), contains the entire agreement between General Bottle Supply and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the website and purchases from General Bottle Supply. Except for amendments to this Agreement that may be posted from time to time on this website, this Agreement may not be changed in any way except in writing signed by an authorized representative of the Company and you. The Agreement posted here reflects the latest agreement and you should carefully review the same before you use our site. This is an integrated Agreement. General Bottle Supply is sometimes referred to in this Agreement as the “Company.”
USE OF THE SITE & PROHIBITIONS
The Site allows you to shop online. You must be at least 18 years of age to make purchases from this website, and by completing your purchase, you represent to General Bottle Supply that you are at least 18 years of age. For you to complete to register as a user on this website, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the registration. You agree not to transmit any worms, viruses or any code of a destructive nature. You agree not commit any other act that violates applicable federal, state or local law.
PAYMENT AND TERMS OF SALE
Unless otherwise agreed in writing signed by General Bottle Supply, payment must first be received by General Bottle Supply prior to its acceptance of an order. Acceptable means of payment are provided on the check-out page. General Bottle Supply reserves the right to refuse to do business with anyone, and the discretion to cancel any order. While General Bottle Supply makes every attempt to ensure that the prices posted on its website are accurate, General Bottle Supply reserves the right to refuse to fill any order based on a typographical or pricing error. If your payment is canceled by your credit card company or other third party, you must pay all invoices within 15 days of the invoice date. You agree to pay all charges incurred by General Bottle Supply as a result of the failure or refusal of your credit card company or third party payor to pay for your purchase(s).
So long as they are in their original, unused and undamaged condition, except for special orders, all products may be returned within 21 days of the date of your purchase order. You agree that the Company may charge you a 25% restocking fee for all returns. The Company will process refunds within thirty days of the return of your order and will refund the amount due to you (less the restocking fee) in the same manner as your method of payment, e.g., credit card refund if you used a credit card, etc. If you fail to return products purchased by you in their original, unused and undamaged condition, or your fail to return the products to the Company within 21days of the date of your purchase order, the Company shall not be obligated to refund any money to you or to return to you any products sent back by you to the Company for refund.
RISK OF LOSS
All items purchased from our website are shipped to you via common carrier. The risk of loss and title for such items pass to you upon our delivery to the carrier. We recommend that you purchase insurance for your purchase.
PRODUCT PRICING & DESCRIPTIONS
You acknowledge that you may be able to purchase the products listed on the website for less through another supplier. The Company makes no representation or promise to you regarding the pricing of the product other than its willingness to sell the products to you at the listed prices (unless there is a typographical or pricing error). In cases of a mistake in pricing on this website or our catalog, the Company will, at its sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The Company makes no representation or warranty concerning the products listed other than as specifically stated on this website. Without limitation, the Company makes no representation or warranty regarding the fitness of any particular product for any particular use. It is up to you, and you alone, to determine whether the product is suitable and fit for your use. You agree to inspect your order promptly upon receipt. If a product offered on this website is not as described, or not fit for your particular use, your sole remedy shall be to return it for a refund in accordance with the terms and conditions stated in this Agreement.
CHANGES TO THIS AGREEMENT EFFECTIVE UPON POSTING FOR ALL SUBSEQUENT USE
The Company may modify any of the terms or conditions contained in this Agreement, at any time and in its sole discretion, by posting a notice or a new agreement on this website. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING A REVISED AGREEMENT ON THIS WEBSITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE REVISED AGREEMENT WITH RESPECT TO ALL SUBSEQUENT USE.
ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY RIGHTS
You hereby acknowledge that all right, title and interest in and to the Company’s website, including but not limited to the software and hardware utilized in connection with the website, belongs to the Company and/or its licensors. You promise that you will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the website or proprietary information related thereto.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
Neither the Company nor any of its employees or representatives will be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement, your use of the website, or any of the products purchased by you from the Company, even if we have been advised of the possibility of such damages. Further, you agree and acknowledge that the Company’s aggregate liability arising with respect to this Agreement, your use of the website, and the products purchase by you shall be the lesser of $2,000 or the amount of the purchase price paid to the Company for the products purchased by you.
The Company makes no express or implied warranties or representations with respect to any products sold or offered for sale on this website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, the Company makes no representation that the operation of this website will be uninterrupted or error-free, and the Company shall not be liable for any damages caused by any interruptions or errors. This website and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You acknowledge and agree that your use of this website is at your own risk.
The failure of General Bottle Supply to insist upon strict performance of any of the terms, conditions or covenants of this Agreement shall not be deemed a relinquishment or waiver of any rights or remedy that the Company has or may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
This Agreement shall be governed by and construed in accordance with the substantive laws of California, without any reference to conflict-of-laws principles.
You and the Company agree that the proper venue for the submission of all disputes, controversies or differences which relate to any of the matters referred to in this Agreement shall be the courts of the County of Los Angeles, California. You agree that for purposes of venue, this Agreement was made and entered into in the County of Los Angeles, California.
In the event that any provision of this Agreement is found to be invalid or unenforceable by any court of competent jurisdiction, then the offending provision(s) shall be stricken leaving the remainder of the Agreement to be valid and enforceable.