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Terms of Sale

Posted on November 25 2019

These Terms of Sale ("Sales Terms") apply to your purchase of products and other items ("Products") through the website (the "Services") provided by the Democratic National Committee (the "DNC", "we" or "us"). By clicking to indicate your acceptance of these Sales Terms or purchasing Products through the Services, you agree to these Sales Terms and to our Terms of Service, which are incorporated herein by this reference. If you do not agree to these Sales Terms, do not purchase any Products through the Services.

 

We may update these Sales Terms from time to time. If we make any changes to these Sales Terms, we will notify you by revising the "Last Revised" date at the top of these Sales Terms and, in some cases, we may provide you with additional notice (such as by adding a statement to our website homepage or by sending you a notification). Unless otherwise indicated in our notice to you, any changes to these Sales Terms will be effective immediately, and your purchase of Products through the Services following our provision of such notice will confirm your acceptance of such changes. If you do not agree to any changes to these Sales Terms, you must stop purchasing Products through the Services. We encourage you to review these Sales Terms each time you make a purchase through the Services to ensure that you understand the terms and conditions that apply to such purchase.

 

If you have any questions regarding these Sales Terms, please contact us at dncstore@democrats.org.

 

1. Eligibility to Purchase Products through the Services

To purchase Products through the Services, you must be (a) at least eighteen (18) years of age, and (b) a United States citizen (collectively, the "Eligibility Requirements"). If you do not satisfy the Eligibility Requirements, you may not purchase any Products through the Services.

 

2. Availability and Pricing

All Products offered for sale through the Services are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order, and to discontinue offering certain Products without prior notice. Prices for Products are subject to change at any time, but any such changes will not affect any order for Products you have already placed through the Services.

 

3. Payment and Billing

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order, including any applicable Taxes (as defined below) and other charges. If your payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.

 

4. Taxes

You are responsible for any sales, use, duty, or other governmental taxes or fees (collectively, "Taxes") that are due or payable with respect to your purchase and use of Products. We will collect certain Taxes if we determine that we have a duty to collect such Taxes. In the event that we collect any Taxes at the time you purchase Products through the Services, we will present an estimate of the Taxes to be collected during the checkout process, except where we have clearly stated in writing that a price includes such Taxes. The actual Taxes charged may be adjusted from the amount shown during the checkout process. Several factors may cause such an adjustment, such as variances between processor programs and changes in the rates of applicable Taxes.

 

5. Shipping; Risk of Loss

You agree to pay any shipping and handling charges shown at the time you make a purchase through the Services. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any shipping or delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless expressly stated otherwise in writing by the DNC, risk of loss or damage to a Product passes to you upon delivery of the Product to your specified delivery location.

 

 6. Returns, Refunds, and Exchanges

Please see our Return Policy for information about returning a Product purchased through the Services.

If you have any concerns regarding a Product offered for sale through the Services or believe that any such Product has a condition or defect that may make it unsafe, please report your safety concern immediately by emailing us at dncstore@democrats.org.

 

7. Errors

We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not represent or warrant that the descriptions, pricing, or other Product information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged to your designated payment method.

 

 8. Disclaimers; Limitation of Liability

YOUR USE OF PRODUCTS PURCHASED THROUGH THE SERVICES IS AT YOUR SOLE RISK. SUCH PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DNC OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND AGENTS (INDIVIDUALLY AND COLLECTIVELY, THE "DNC PARTIES") BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, EVEN IF THE DNC OR ANY OTHER DNC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE DNC AND THE OTHER DNC PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE SALES TERMS OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID THE DNC FOR THE APPLICABLE PRODUCTS PURCHASED THROUGH THE SERVICES.

THE LIMITATIONS SET FORTH IN THIS SECTION 8 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASED THROUGH THE SERVICES, OR FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE DNC OR ANY OTHER DNC PARTIES OR FOR ANY OTHER MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN ADDITION, PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

 

9. Applicable Law and Venue

Any dispute arising out of or related to these Sales Terms or any purchases of Products you make through the Services will be governed by and construed and enforced in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without regard to its conflict of law provisions. Each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in the District of Columbia for all disputes arising out of or related to these Sales Terms or any purchases of Products you make through the Services.

 

10. Severability

If any provision or portion of a provision of these Sales Terms is deemed to be unlawful, void or unenforceable, that provision or portion thereof is deemed severable from these Sales Terms and will not affect the validity and enforceability of any remaining provisions.

 

 11. Miscellaneous

Any failure by the DNC to enforce any provision of these Sales Terms will not be deemed a waiver of future enforcement of that or any other provision of these Sales Terms, unless expressly waived in writing by the DNC. The section titles in these Sales Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Sales Terms, these Sales Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

 

12. Notice for California Consumers

California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1-800-952-5210.