TERMS AND CONDITIONS OF SALE

 

PLEASE READ THIS DOCUMENT CAREFULLY.  IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

 

These terms and conditions apply to the purchase and sale of Infanta Lambanog (referred to as "Product")  through a third party sales company (referred to as "Representative").  By placing an order for Product, you agree to be bound by and accept these terms and conditions.  If you do not agree to these terms and conditions, you should not obtain Product from Representative.  These terms and conditions are subject to change by Infanta International Incorporated (referred to as "us" or "we") without prior written notice at any time, in our sole discretion.  The latest version of the terms and conditions will be posted on www.drinkinfanta.com/termsofsale and you should review these terms and conditions prior to purchasing Product from Representative.

 

1. Order Acceptance and Cancellation

 

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason.  We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

 

Once an order has been placed, it cannot be canceled unless the shipment is unavoidably delayed.  In this case, we will do our best to cancel the order if requested.

 

2. Payment Terms and Sales Taxes

 

Purchase orders from distilled spirits licensed holders are payable on net thirty (30)-day terms or such other terms as we may approve or require.  See Business Terms and Conditions for more information.

 

All payments must be in United States dollars.  Current billing address and phone information must be included with every order.  You agree to pay interest on all past-due sums at the highest rate allowed by law.  We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.

 

Charges for shipping and handling will be made in accordance with our then current shipping policies, as described below.

 

3. Changes in Product and Pricing

 

We are constantly updating and revising our offerings of Product, and we may discontinue Product at any time without notice.  To the extent that we provide information on availability of Product, you should not rely on such information, and we will not be liable for any lack of availability of Product that you may order through Representative.

 

All pricing for the Product is subject to change.  For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

 

4. Shipping Policy

 

Shipping terms will vary in each state.  Governing state law will take effect above all shipping terms.   All shipping prices are quoted in United States dollars.  No C.O.D. orders can be accepted.

 

There may be occasional delays beyond the posted order processing time.  If the delay is more than seven (7) business days, we will send you an e-mail message notifying you of the delay.  If the delay will be less than seven (7) business days, we will ship the product as soon as it is received.  If your product is on backorder for more than twenty-one (21) business days, we will send you an e-mail message asking if you want to cancel the order.  If you do not advise us that you would like to cancel the order, we will keep the order active.

 

These shipping terms are accepted by you by placing an order with us.

 

5. Advertising Disclaimer and Trademarks

 

In the event the Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price.  We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.

 

All trademarks and registered trademarks relating to the Product provided by Representative are the sole property of their respective owners.  Photographs courtesy of the respective manufacturers.

 

6. Disclaimer and Limitation of Liability

 

Our responsibility for defects relating to the Product is limited to the procedures described in our return policy set forth below.  PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF THE PRODUCT WILL MEET YOUR EXPECTATIONS.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCT

 

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCT THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.  IN NO EVENT SHALL INFANTA INTERNATIONAL INCORPORATED OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCT.  NO EMPLOYEE OR REPRESENTATIVE OF INFANTA INTERNATIONAL INCORPORATED IS AUTHORIZED TO MODIFY THIS LIMITATION.

 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCT), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT YOU HAVE ORDERED.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCT.

 

7. Warranty and Return Policy

 

Most of the products are covered under the manufacturer's warranty.  If applicable, manufacturer's warranties apply from the date of shipment.

 

We are committed to working with you to ensure that every product under warranty performs to our specifications.  We offer a thirty (30) day return policy on Product based on our return policies.  To return products, you must contact Representative to obtain a Return Merchandise Authorization (RMA) number before shipping your product.  NO returns of any type will be accepted without an RMA number.  For faster service, please have the following information on hand when calling for an RMA number:  customer name, invoice or order number, and nature of the problem.

 

To expedite the processing of your refund, we ask that products be returned within fourteen (14) days of the date that RMA was issued.

 

If your order arrives in a damaged condition, save the Product AND the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pick up of the damaged merchandise.

 

DEFECTIVE returns can be returned directly to us within thirty (30) days from the invoice date for, at our discretion, credit, replacement, exchange or repair.  Manufacturer restrictions do apply.  Any item that is missing the UPC can ONLY be replaced with the same item.  After thirty (30) days, all manufacturers' warranties apply.

 

NON-DEFECTIVE returns can be accepted directly by us within thirty (30) days from the invoice date for, at our discretion, exchange.  All NON-DEFECTIVE returns are subject to a 5% restocking fee.  You may return the Product for exchange only if the sealed package containing the merchandise is unopened.

 

These policies set forth your sole and exclusive rights with respect to return of Product that you may purchase.

 

8. Force Majeure

 

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

12. Entire Agreement

 

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.  

 

13. Governing Law and Statute of Limitations

 

This sale is controlled by us from our offices within the State of California, United States of America.  It can be purchased from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of California, by the transaction of this sale both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the purchase of Product.  Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Alameda County and the United States District Court for the Northern District of California with respect to such matters.

 

Any cause of action brought by you against us or our Affiliates must be instituted with two 2 years after the cause of action arises or be deemed forever waived and barred.

 

We make no representation that the Product is appropriate or available for use in locations outside of the United States, and purchasing Product from territories where such products are illegal is prohibited.  Those who choose to purchase Product from other locations do so on their own initiative and are responsible for compliance with local laws.