THESE CONDITIONS OF SALE GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY THE DENALI COMPANY, LLC ("DENALI") ON THE SUBLIMAGIC.COM WEBSITE. PLEASE READ THESE CONDITIONS OF SALE CAREFULLY. THEY authorized seller of the products offered for sale on sublimagic.com. Denali may discontinue any product at any time without notice. The prices advertised on sublimagic.com do not include delivery, handling and insurance. Delivery, handling and insurance charges, and sales tax can be calculated when using our shopping cart function.
2. Purchasers. You must be at least 18 years of age.
3. Orders. The placing of an order by you is only an offer by you to purchase products from The Denali Company, LLC. Denali is under no obligation to accept your order or deliver you any merchandise until your order is deemed accepted by the company. Acceptance of your offer will be deemed to have occurred when a Denali representative contacts you via the telephone number, e-mail address or mailing address you provided during the order process to confirm your order.
4. Refund Policy. Your order may be cancelled up to 48 hours prior to confirmed shipping date from our warehouse by calling 1-732-219-7771. You must provide the confirmation number given to you at time of purchase. Purchases paid by check or money order will be refunded within 10 working days from date of cancellation. Refunds on credit card purchases are usually credited to your account within 24 hours of cancellation.
5. Delivery Policy. It is our policy to ship your entire order complete. The merchandise will be delivered in factory-packed cartons. Any modification to the original order must be made by telephone or e-mail. The change request must be made and confirmed at least 48 hours prior to the scheduled delivery date.
6. Payment Policy. All online purchases can be made using MasterCard, VISA, or by Bank Debit Card. Check or money order payments may be sent by mail. To send check or money order payment by mail, print the order form from the checkout page, fill out and mail with your payment to: Sublimagic™, c/o The Denali Company 43 West Front Street, Suite 11, Red Bank, NJ 07701.
7. Sales Tax. You must provide a state resale tax identification number if you are shipping to any destination in the states of New Jersey or South Carolina..
8. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, DENALI SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE CONDITIONS OF SALE, PRODUCT(S), SERVICE(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DENALI TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO DENALI FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
9. Title to Products. Denali retains all right, title and interest in and to the ordered products until the products have been delivered and you have paid for the products in full.
10. Collection Fees. If Denali hires an attorney or pays any monies to collect payment from you, Denali shall be entitled to collect from you all collection costs, including attorneys fees.
11. Arbitration. In the unlikely event that there is a controversy or claim between you and Denali which cannot be resolved by negotiations between you and Denali, you agree that such controversy or claim shall be resolved by binding arbitration governed by the Federal Arbitration Act. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and a judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction.
12. Severability. If any provision of these Conditions of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Conditions of Sale and the validity of the remainder of these Conditions of Sale shall not be affected thereby.
13. Other Terms. The website and Purchase Agreement and such terms and conditions set forth in the Conditions of Sale, Privacy Policy, and Purchase Agreement are hereby incorporated into this Agreement by reference.
14. Governing Law. This Agreement is governed by the laws of the state of New Jersey, without reference to New Jersey's choice of law provisions.
15. Disclaimers. EXCEPT AS OTHERWISE PROVIDED HEREIN, DENALI DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
