Commodity On Demand LLC – General Terms and Conditions
Please read our Wallwinesrack.com General Terms and Conditions (“Terms and Conditions”) carefully. These Terms and Conditions govern your access, use and orders placed at www.wallwinesrack.com, its mobile sites and applications (collectively, the “Site”) as well as the provision and sale of products and services by Commodity On Demand LLC and/or its affiliates (including but not limited to Commodity On Demand LLC) and/or its fulfillment providers, as the context may require (“Commodity On Demand LLC”, “Wallwinesrack”, “we”, “us” or “our”). By placing an order with Commodity On Demand LLC, you agree to be unconditionally bound by these Terms and Conditions in the version valid at the time of ordering.
Our Terms and Conditions shall also govern the use of and apply to each and every offer and agreement entered into between Wallwinesrack and a customer through any of its separate sites that are accessible through the tabs in the Site-header, insofar we have not explicitly deviated from the present Terms and Conditions.
1.2. If you use this Site on behalf of any business, organization or other entity of any kind, you represent and warrant that you are authorized to accept these Wallwinesrack Terms on its behalf and to bind such business, organization or entity to these Wallwinesrack Terms.
1.3. Every offer of a Wallwinesrack product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Wallwinesrack Terms.
1.4. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Wallwinesrack has not specifically rejected them.
1.5. These Wallwinesrack Terms and Additional Terms are not applicable to orders of a product or a service which are not from Petlitterbag directly but from a third party. This can be any of Wallwinesrack’s affiliates in the Commodity On Demand LLC group of companies, a reseller or a service provider we have partnered with. In such cases, the terms you have separately agreed upon with this third party, will apply.
1.6. Wallwinesrack reserves the right to make changes to this Site and to these Wallwinesrack Terms at any time without prior notice. You should review these Wallwinesrack Terms each time you access this Site.
2.1. Before you can place an order online or use certain services or features offered on this Site, you will need a Wallwinesrack account. We provide a single sign-on functionality, which allows us to offer features such as the ability to use your log-in credentials across our signature services. Please read the “Your Account” section under our Terms of Service.
2.2. The customer will at all times be responsible for each and every use of its Wallwinesrack account. You agree to protect your log-in credentials such as your password and control any access to your Wallwinesrack account, especially when you have granted another person in your business or household access rights to your account or otherwise permit them to use your account with the purpose to place an order on your behalf. You agree that you will be responsible for all orders placed or other actions that are taken through your Wallwinesrack account.
3.Terms of Sale
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. Wallwinesrack reserves the right to reject any order without the obligation to assign any reason. An agreement between you and Wallwinesrack is subject to our acceptance of the order and will be formed when you receive the order confirmation by email.
4. Use of our Site and its Content
4.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating and ordering products or services solely through Loofahcotton (referred to herein as “Products”), unless such use involving a third party is expressly permitted by applicable law or provided for in these Wallwinesrack Terms. No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Wallwinesrack does not entitle you to use any portion of our Content apart from the finished Products as they are supplied to you by Loofahcotton.
4.2. You agree to use this Site in a responsible manner that is in full compliance with these Wallwinesrack Terms and with your local laws and regulations, including export and import regulations.
4.3. The customer represents and warrants that at all times it has complied and shall comply with all applicable restrictions arising out of any and all relevant sanctions and export and trade controls legislation, regulations or orders of the United Nations, the European Union and its Member States, Norway, Switzerland, the United Kingdom, the United States of America, and any other country whose laws, regulations or orders apply to the parties involved or activities covered or contemplated by these Wallwinesrack Terms (collectively, the “Trade Laws”) and that it shall also refrain from performing any activity or omitting to perform an activity that will expose Commodity On Demand LLC or any of its subsidiaries, affiliates and other companies controlled by the same person or entity as Commodity On Demand LLC (including, without limitation, the legal entity or entities specifically identified in these Wallwinesrack Terms) to breaching Trade Laws or any enforcement action or restrictive measures under the same.
4.4. The customer further represents and warrants that it is not: (a) designated or otherwise sanctioned under, nor is it ultimately owned (as to 50% or more of its shares or voting rights) or controlled by, or acting on behalf of, any party designated or otherwise sanctioned under, Trade Laws; or (b) ordinarily resident, organized or located in, nor will transfer directly or indirectly any Products received under these Wallwinesrack Terms to: Cuba, Iran, North Korea, Syria, the Crimea region (including Sevastopol), the so-called Donetsk People’s Republic (DNR) or the so-called Luhansk People’s Republic (LNR).
5. Delivery, Title and Risk
5.1. Wallwinesrack will deliver the Products at the address specified in the order confirmation, provided that all applicable payments have been received in full by their appropriate due date, using Wallwinesrack’s standard methods for packaging and in accordance with the customer’s chosen delivery option. Any lead time given is estimated.
5.2. Wallwinesrack may, at its discretion, deliver the Products in whole or by instalments in any sequence or deliver the Products prior to the date of delivery, and in such event, the customer must not refuse to take delivery of the Products. Where the Products are delivered in instalments or part deliveries, each instalment or part delivery shall be invoiced separately if such an invoicing process is put in place and be deemed to be a separate sale agreement between Wallwinesrack and the customer. Any delay in delivery or defect in an instalment or part delivery shall not entitle the customer to cancel any other instalment or terminate the entire sale agreement.
5.3. The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier.
5.4. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
5.5. It is the responsibility of the customer to conduct a full inspection of all products immediately upon arrival and to declare any and all defects, non-conformities or damages (PODs) or the like through proof of delivery or receipt acceptance documents immediately upon shipment of products under such proof of delivery type of service. A description of the alleged defect, non-performance or damage must be in writing and signed by or on behalf of the customer at the time of delivery. If the selected delivery method does not include such proof of delivery service, the Customer shall be deemed to have inspected the Product as soon as reasonably practicable after delivery. If the order is placed by a consumer, i.e. the purchase of the product for a natural person unrelated to a business, enterprise or professional activity, the aforementioned notice period will be extended to 2 months and will start from the date of the alleged damages or upon receipt of the order Defects are discovered or should be reasonably discovered during a timely inspection.
You agree that you shall indemnify Wallwinesrack and all parties from whom Wallwinesrack has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Wallwinesrack Terms; (ii) any suit, claim or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Wallwinesrack or incorporated into a Product; (iii) any suit, claim or demand arising from or related to any third-party products and/or services we offer on our Site whether or not used for or in connection with a Product you have ordered on our Site. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.
7. Disclaimer of Warranty
7.1. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
7.2. You acknowledge that there are risks in using products or services provided by third parties (such as a Wallwinesrack’s affiliate or one of our partners) through this Site or in connection with our Products, and that Wallwinesrack cannot and does not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by this third party, breach of warranty or contract, violation of rights, and any consequent claims.
7.3. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these Wallwinesrack Terms alter those consumer guarantees if it is illegal for Wallwinesrack to do so. If those consumer guarantees apply to you, and Wallwinesrack cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Wallwinesrack: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Wallwinesrack to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
7.4. Wallwinesrack’s Satisfaction Guarantee is valid for 10 years following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Wallwinesrack’s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the Product or Design creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. Wallwinesrack does not proof documents created by its customers prior to processing.
7.5. Notwithstanding the foregoing, Wallwinesrack shall have no obligations under any warranties, consumer guarantees or the aforementioned Satisfaction Guarantee, if the alleged defect, non-conformance or damage is found to have occurred as a result of misuse, use other than as set forth in the applicable user manual or instructions for use, neglect, improper installation or accident, or as a result of improper repair, alteration, modification, storage, transportation or improper handling or if the usability is impaired only slightly.
7.6. Any granted Product warranty and/or Satisfaction Guarantee hereunder, shall extend directly to customer only and not to customer´s customers, agents or representatives. Wallwinesrack does not give any warranty of fitness for a particular purpose, merchantability or non-infringement of intellectual property rights.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL WALLWINESTACK OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WALLWINESTACK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM WALLWINESTACK, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH WALLWINESTACK’S SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL WALLWINESTACK BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT, OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Wallwinesrack in connection with the operation of this Site including its content or any of our offered and/or supplied Products, shall be provided by the submitter and received by Wallwinesrack on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Wallwinesrack. By submitting any such information to Wallwinesrack, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Wallwinesrack shall be free to use such information on an unrestricted basis.
You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.