All Sales Are Final
WARRANTY: All merchandise is sold on an "AS IS" basis. It is expressly understood by buyer that there are no warranties, either expressed or implied, for such AS IS merchandise. Therefore seller makes no representations nor warranties either express or implied or in any other manner or form regarding the merchandise sold on an AS IS basis. In that regard seller and buyer specifically and unconditionally agree that there are no warranties of merchantability nor fitness for a particular purpose or use imposed either by contract or law with regard to the merchandise sold on an AS IS basis. Buyer and seller expressly and unconditionally agree that seller makes no express nor implied warranty or representation that the product sold is fit for any particular purpose or use. Please inspect the entire contents of your package upon receipt. Report any discrepancies immediately to seller in accordance with these terms and conditions. Seller's responsibility is limited to the replacement or repair of the defective product, or refund less any applicable restocking, service, and shipping fees, at seller's sole discretion. Whenever these Terms and Conditions conflict with or are expanded or added to by any terms and conditions of the Buyer's order, these Terms and Conditions shall govern and supercede the terms and conditions of the Buyer's order.
CLAIMS: Claims made for errors or shortages must be made to The Old Indian's Store within 24 hours of receipt of shipment. External visible damage to a package must be noted to the courier and the shipment refused. Claims for goods damaged in transit must be filed against carrier. Claims are timely if received by fax, email, or phone message.
COLLECTIONS: The parties hereto agree that if it is necessary for either party to institute litigation, other than Small Claims Court actions, to enforce anything to do with or any provision of this contract, litigation may only be filed in San Diego East County. If collection action is instituted to enforce any provision of this document, buyer agrees to pay all collection costs, court costs and reasonable attorney fees. If Small Claims Court action is instituted by either party, it must be done within jurisdiction of San Diego East County, CA.
RETURN CHECK POLICY: There will be a $25.00 service charge per check returned unpaid. Please note that issuing party may be held liable for three times the amount of the check plus the maximum penalties allowable by law.
LIMITATION OF LIABILITY: The Old Indian's Store will not be liable for special, incidental or consequential damages arising out of the use of these products and in no event shall the liability of The Old Indian's Store exceed The Old Indian's Store's current selling price of the items originally purchased. Any credit issued is valid for 90 days from the date of issue and will expire if not used within that time period.
CREDIT CARD CHARGES: Buyer agrees that transfer of the seller's merchandise to any courier of the buyer will serve as absolute authorization for seller to debit the credit card account of the buyer.
TYPOGRAPHICAL ERRORS: In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, The Old Indian's Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Old Indian's Store shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card authorized.
BUYER'S AGREEMENT AGREES THAT THE TRANSFER OF SELLER'S MERCHANDISE TO ANY COURIER OF THE BUYER IS ACCEPTANCE OF THESE TERMS AND CONDITIONS
