TERMS AND CONDITIONS OF SALE
Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause.
These terms and conditions (the "Agreement") apply to your purchase of products and/or services offered on this Web site by ICG America, Inc. (the “Company”). By placing your order, you accept and are bound to the terms and conditions of this Agreement. This Agreement shall apply unless you have a separate purchase agreement with the company, in which case the separate agreement shall govern.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in writing and signed by both you and the Company.
Payment terms are within the Company’s sole discretion, and, unless otherwise agreed to by the Company, payment must be made at the time of purchase. Your order is subject to cancellation by the Company, at the Company's sole discretion. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.
Shipping and handling fees are included with your purchase unless otherwise indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by the Company is the Company's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify the Company within 30 days of the date of your order if you believe any part of your purchase is missing, incorrect or damaged. Shipping dates are estimates only.
RETURNS, REFUNDS AND CANCELLATIONS
All merchandise purchased from the Company may be returned to the Company for a full refund or replacement within 30 day of delivery provided that merchandise is returned in its original condition and in its original packaging.
No merchandise will be accepted for replacement or refund after this 30 day period and all sales will be considered final.
You may cancel your ongoing membership at any time by sending an email to the Company at firstname.lastname@example.org or by calling 1-800-507-4660. All cancellation requests must be received by the tenth day of the month. Cancellation requests received after the tenth day of the month shall apply to the following month.
LIMITATION OF LIABILITY
The Company does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, or loss of business. Except as expressly provided herein, the company will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, the Company is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this Agreement shall apply even if such remedies fail their essential purpose.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and the Company, its agents, employees, principals, successors, assigns, and/or affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), the Company's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its code of procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and the Company. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The Company will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
This agreement and any sales there under shall be governed by the laws of the state of Connecticut, without regard to conflicts of laws rules.
"Fruit of the Month" and "Fruit of the Month Club" are trademarks owned by Harry and David and are used herein with permission under license.