Terms of service
DOVE WAY, LLC (d/b/a “THE WOODS MAINE”)
Terms and Conditions of Sale:
These Terms and Conditions of Sale shall apply to all sales of Dove Way, LLC (d/b/a “The Woods Maine”, hereinafter “The Woods”) products (the “Products”) to a buyer of such Products (the “Buyer”). Unless specifically incorporated by reference into a purchase order or another agreement executed between The Woods and the Buyer, the terms of which may supplement or explicitly supersede these, these Terms and Conditions of Sale constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings and representations, oral or written, between The Woods and the Buyer regarding such subject matter. By purchasing Products, the Buyer gives its consent to these Terms and Conditions of Sale.
- Products. The Products offered for sale by The Woods are subject to change or discontinuation from time to time and without notice to Buyer. The photographs of Products contained on The Woods’ website or in marketing materials are illustrative only and should not be deemed as part of these Terms and Conditions of Sale. Should such photographs contain errors, The Woods shall not bear any liability in such respect.
- Pricing. The prices of Products offered for sale by The Woods are subject to change from time to time and without notice to Buyer. Prices published on The Woods’ website, in marketing materials or otherwise disclosed or advertised do not include any applicable taxes, delivery or shipping charge or insurance on shipments. Such additional charges will be added to the total amount owed by Buyer and will be due along with payment for the Products.
- Purchase Orders. Buyers shall submit orders for Products on The Woods’ standard form of purchase order, or via The Woods’ website (either submission a “Purchase Order”), indicating the Products to be purchased, the quantities thereof and the requested site for delivery of the Products.
- Payment Terms and Methods. Buyers will be charged for orders of the Products at the time of submission of a Purchase Order. No Purchase Order shall be filled until payment is made. Payment for online purchases may be made by approved payment methods set forth on The Woods’ website. Occasionally, orders or parts of an order are cancelled for various reasons (see “Order Cancellations and Delays” below). If a Buyer’s order is cancelled in whole or in part, the full amount of such cancelled order or portion thereof will be credited back to the Buyer.
- Delivery. The Woods will use reasonable commercial efforts to deliver promptly all orders, but will not be liable for any failure to meet a specific date of delivery or for delays in delivery. Buyer waives any right and/or claim he may have against The Woods due to delays in the delivery of Products. Buyer shall bear the risk of loss or damage during transit. Purchase of insurance shall be at Buyer’s option and expense.
- Inspection of Products. Buyer shall inspect the Products upon receipt and shall notify The Woods within three (3) days from the date of receipt of any damage, if any, to the Products not caused during shipping. Buyer will be deemed to have accepted Products unless Buyer gives The Woods written notice of rejection within seven (7) days of receipt of the Products and the Buyer may not raise any claim with respect to the Products following such seven (7) day period. Buyer is responsible for all arrangements and costs associated with the handling and transportation of Products being returned to The Woods due to damage. The Woods shall pay for the transportation costs of any replacement Products delivered in exchange for such returned, damaged Products.
- Return of Products. Buyer shall not have the right to return opened or used Products unless returned pursuant to (a) a warranty claim (see “Warranty Provisions” below) or (b) due to damage discovered upon inspection (see “Inspection of Products” above). The Buyer has the right to return any Product in its original, unopened and undamaged package within thirty (30) days from the date of delivery thereof and to receive a refund for the purchase price of such Product. However, Buyer shall not be entitled to receive a refund of delivery cost and Buyer shall be responsible for the cost of return shipping. Buyer shall, whenever returning Products, include with such Products the invoice issued by The Woods with such Products.
- Product Warranty. The Woods warrants that at the time of delivery the Products shall meet The Woods’ specifications and be free from defects in materials and workmanship. The Woods shall not be liable for any damage that may be caused due to the use of the Product(s).
- General Provisions Applicable to Warranty. The warranty expressed herein is exclusive and in lieu of all other warranties. The Woods on behalf of itself and its suppliers makes no other warranty, written or oral, expressed or implied, and The Woods expressly disclaims any warranties of merchantability and/or fitness to or for a particular use. The Buyer assumes responsibility for selecting appropriate Products. This warranty is given by The Woods to Buyer and to no other person or legal entity whatsoever.
- Limitations of Liability. If the Product(s) are not free from defects as warranted, Buyer’s sole remedy shall be replacement in accordance with the terms hereof. In no event shall The Woods nor any of its employees, officers, managers, members, consultants or other service providers be liable for any special, indirect, incidental, exemplary or consequential damages resulting from Buyer’s use of the Products. In no event shall The Woods’ liability to Buyer exceed the amount paid by Buyer for the Product(s). These limitations and exclusions of liability shall apply whether or not any such damages are construed as arising from a breach of a representation, warranty, guarantee, covenant, obligation, condition or term of the agreement between The Woods and Buyer. Subject to applicable law, in no event shall The Woods be liable for any claims, losses, damages, judgments, awards, costs, expenses or liabilities of any kind whatsoever arising directly or indirectly from any injury to person or property, arising from the Product(s) or any use thereof.
- Order Cancellations and Delays. If a Product specified in a Purchase Order is temporarily unavailable, Buyer will be notified and advised of the expected delay of such backordered Product. Backordered Products are shipped as soon as they are available. If a Buyer wishes to cancel a backordered Product, Buyer shall contact The Woods during business hours and The Woods will assist Buyer in making such cancellation. The Woods may also cancel all or any part of a Purchase Order where, among other things, (a) the Products specified in such Purchase Order have been discontinued or are no longer available, (b) The Woods cannot ship the Products to the delivery address provided, (c) The Woods has difficulty in processing Buyer’s payment, or (d) a Buyer has submitted duplicate Purchase Orders. If all or part of an order is cancelled, The Woods shall notify Buyer regarding such cancellation.
- Force Majeure. The Woods shall not be responsible for any failure to deliver Products due to unforeseen circumstances or to causes beyond The Woods’ reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of any such delay, The Woods may defer delivery of orders for Products for a period equal to the time of such delay or may cancel such order.
- Proprietary Rights. The Woods is the exclusive owner of, and has all right, title and interest in, all designs, ideas, methods, know-how, and all trademarks, copyrights, names, artwork and all other intellectual property used in the design and manufacture of The Woods’ Products. Buyer’s purchase of Products does not grant Buyer any right or interest in The Woods’ intellectual property.
- Use of Products. The Woods Products are intended for Buyer’s use only. Buyer may not sell or resell any Products. The Woods reserves the right, with or without notice, to cancel or reduce the quantity of any Purchase Order to be filled that we believe, in our sole discretion, may result in the violation of these Terms and Conditions of Sale.
- Applicable Law. These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Maine, within the United States of America, without giving effect to any choice or conflict of law provision or rule thereof. Any suit, action or proceeding arising out of or relating to the purchase of Products by a Buyer shall be instituted exclusively in the competent courts located in Maine.
- No Waiver. Failure to enforce any rights hereunder, irrespective of the length of time for which such failure continues, shall not constitute a waiver of those or any other rights, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.
- Amendment. The Woods may at any time, or from time to time, amend its policies regarding service, its products and these Terms and Conditions of Sale.
- Assignment. These Terms and Conditions of Sale shall be binding upon and inure to the benefit of The Woods, the Buyer and their respective successors and permitted assigns.