you for shopping at Tassajara Designs. By placing your
order on our web site, you signify your acceptance
of the Terms of Sale set forth herein. Please take
a moment to read through our terms thoroughly. These
terms may be updated at any time without prior notice
to you. Please check back occasionally for updates.
As used herein, the term "Tassajara" refers
to Tassajara Designs, Inc., a California Corporation.
The terms "tassajaradesigns.com"
Web Site" refers to the web site owned and operated
whose home page resides on the internet at http://www.tassajaradesigns.com.
The term "Customer" refers to the purchaser
of any merchandise offered for sale through This
Quoted shipping dates are based on estimates at the
time of sale. Tassajara will use its best efforts to
meet such shipping dates, but it shall not be liable
for any direct or indirect costs or damages, including
without limitation incidental or consequential damages
resulting from late deliveries. All pricing is FOB
point of shipment. Merchandise up to 150 pounds will
usually ship by UPS, with shipping insurance to cover
losses for the full amount of the purchase. Merchandise
over 150 pounds may be shipped by truck. Unless specifically
stated otherwise, at the time of sale (for example
during special "Free
Shipping" promotions) the Customer is responsible
for all shipping and insurance charges. Tassajara does
not accept C.O.D. orders. The Customer must inspect
all shipment for damage and is responsible for making
claims to the shipper. Tassajara will make all reasonable
efforts to make quick deliveries. Merchandise in stock
will usually ship within two business days of order
receipt. Some items shown in This Web Site may not
be in stock at time of order. Backorders will be
shipped on a "First
In, First Served" basis.
Unless quoted otherwise by Tassajara, back ordered
merchandise may take up to four weeks for shipment
depending on production lead times and availability
of raw materials. This circumstance will be rare, and
Tassajara will exercise its best efforts to make
shipments of back ordered merchandise in shorter times.
Sales Tax: Tassajara will collect
applicable sales and use tax on each sales order for
sales which ship to Customer addresses within California,
unless a sales tax exemption certification has been
provided at the time of order placement. When ordering
please indicate which items are tax exempt.
Order Cancellation: For Tassajara's
standard in-stock merchandise, Customer may cancel
an order at any time prior to shipment and will receive
a full refund of the purchase price. Cancellation
of orders for purchases of custom-made merchandise
is not allowed and is not eligible for refund of any
part of the purchase price.
Product Returns: Tassajara
wants you to be completely satisfied with your purchase.
If you are not satisfied for any reasons, you may return
the merchandise within thirty (30) days from the date
of shipment for a full refund. Specifically excluded
from this policy is custom-made merchandise,
which may not be returned for refund. All returned
merchandise must be in its original condition, undamaged,
with no missing parts and in the manufacturer's original
container. Tassajara may, at its sole option, charge
the Customer its direct costs to repair or replace
returned merchandise that does not meet these conditions.
The Customer will pay the cost of shipping the returned
merchandise to Tassajara unless the return is due to
an error made by Tassajara; in such case Tassajara
will pay the shipping. Only pre-authorized returns
of merchandise will be accepted within the return period.
A Return Merchandise Authorization Number (RMA #) must
be obtained before returning any merchandise. Customer
must contact Customer
Service at the contact numbers listed
elsewhere on This Web site for an RMA #. Customer must
write the RMA # on the outside of the package to be
returned. NO C.O.D. RETURNS WILL BE ACCEPTED.
Copyrights and Trademarks:
The Tassajara name and logo are trademarks of Tassajara
Designs, Inc., as are all custom graphics, icons and
logos found on This Web site All other trademarks,
copyrights or service marks are the property of their
respective owners. The use of any Tassajara trademarks
or copyrighted material without the express written
consent of Tassajara is strictly prohibited.
Disclaimer of Warranty: EXCEPT FOR
THE FOREGOING, Tassajara EXPRESSELY DISCLAIMS ALL GUARANTEES
AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
Limitation of Liability:
TASSAJARA'S LIABILITY FOR ANY LOSS OR DAMAGE ARISING
OUT OF OR RESULTING FROM AND BREACH OR DEFAULT BY TASSAJARA
IN CONECTION WITH THE SALE OF GOODS HEREUNDER SHALL
NOT EXCEED THE PURCHASE PRICE THEREOF, REGARDLESS OF
WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING
WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY),
OR OTHERWISE, AND IN NO EVENT SHALL TASSAJARA BE LIABLE
FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND. NO REPRESENTATIVE OF TASSAJARA
IS AUTHORIZED TO MODIFY THIS SECTION OR TO ISSUE ANY
WARRANTY REGARDING GOODS DELIVERED HEREUNDER ON BEHALF
OF TASSAJARA. CUSTOMER AGREES THAT ANY CIVIL ACTION
AGAINST TASSAJARA RELATING TO OR ARISING OUT OF THE
SALE OF GOODS HEREUNDER SHALL BE COMMENCED WITHIN ONE
(1) YEAR OF THE DATE THE CAUSE OF ACTION ACCRUED; OTHERWISE
IT SHALL BE BARRED.
Links and Reviews: This Web site contains
links to other third party web pages and web sites. These
third party sites are owned and operated by their respective
owners and operators and not by Tassajara. Tassajara is not responsible
for the actions or content of any such site. Links to
manufacturer's or other customer's web sites. are provided
to help you research your purchase. Tassajara is not responsible
for errors, omissions, content, or any other actions
or lack of actions on the manufacturer's site or any
other third party site.
Typographical and Photographical
Tassajara attempts to be as accurate as possible in
our pricing, as well as our typographical and photographic
depictions of products for sale; however, we cannot
guarantee that product descriptions/specifications,
pricing or any other content on This Web site is
accurate, complete, or current. In the event that
a product is listed at an incorrect price due to
typographical, informational, technical or other
error, Tassajara shall have the right, at our sole
discretion, to either honor the displayed price or
refuse/cancel any orders placed for that product
at the incorrect price.
Force Majeure: Tassajara shall not be responsible
for delays or failure to perform hereunder for any cause
beyond Tassajara's reasonable control, including without limitation:
fire, flood or other casualty or Act of God; strikes
or other labor trouble; shortage of labor or materials;
shortages of merchandise from its suppliers; delay or
interruptions in transportation; war or acts of domestic
or international terrorism; embargoes; legal restrictions
or actions of any governmental authority.
Governing Law: Customer agrees that
any legal action brought against Tassajara shall be governed
by the laws of the State of California without regard
to its conflict of law principle, and without consideration
for the location of Customer or location where the order
was placed. Additionally, Customer agrees that any and
all disagreements arising from use of merchandise, or
orders placed through This Web site will be adjudicated
in the County of San Diego, California by an appropriate
Federal or State Court.
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