In connection with any sales by Jack Doby, Inc. (“Jack Doby”), the purchaser (“Purchaser”) agrees to be bound by the terms and conditions in this Terms of Sale.
Purchaser agrees to purchase the goods (the “Goods”) of the description, quantity, and price described on the checkout confirmation on this website.
The total price shall be payable in full by Purchaser in accordance with the payment due date displayed on the checkout confirmation. Any portion of the price unpaid past thirty (30) days shall be consider overdue and subject to interest equal to the lesser of eighteen (18%) percent per annum or the highest lawful interest rate. Jack Doby reserves the right to pursue any remedies available at law and shall be entitled to reimbursement from Purchaser for Jack Doby’s costs to collect the price, including any attorney fees, legal fees, or other costs.
All deliveries shall be made in accordance with Jack Doby’s shipping policy in effect on the date of shipment. Any delivery dates provided by Jack Doby are estimates only, and Jack Doby will not be liable for failure to deliver as estimated.
All Goods purchased from this website are made pursuant to a shipping contract. As such, the risk of loss and title for the Goods passes to the Purchaser upon delivery of the Goods by Jack Doby to the carrier.
Jack Doby will accept returns of the Goods within thirty (30) days of the delivery date for an exchange only. Sunglasses are not returnable. Notwithstanding the foregoing, Jack Doby reserves the right to deduct the cost of the return shipping from its refund of the purchase price in the event the return Jack Doby pays for the same.
Jack Doby makes no warranties of any kind regarding the Goods, including but not limited to, any warranty of merchantability or fitness for a particular purpose, and such warranties are expressly disclaimed. By purchasing the Goods, you expressly agree that such transactions in connection therewith are at your own risk and that Jack Doby shall not be liable for any damages, including but not limited to special, incidental, consequential, punitive or other indirect damages that result from or are in any way connected to the Goods. The liability of Jack Doby, its shareholders, officers, directors, or employees to Purchaser for any causes of action, damages, or losses resulting from Purchaser’s purchase of the Goods shall not exceed one ($1.00) dollar. The foregoing shall apply regardless of whether Jack Doby is advised of the possibility of any such damages.
Jack Doby shall not be responsible for any errors or inaccurate information on its website pertaining to the available quantity of an item or the purchase price of an item. In the event the Purchaser makes a purchase where the website erroneously indicated that an item is available and/or displayed an inaccurate purchase price, Jack Doby shall notify the Purchaser within a reasonable amount of item and refund/cancel the portion of the order that included inaccurate availability/pricing information.
Jack Doby shall not be responsible for any failure to make timely delivery of all or any portion of the Goods if such failure is wholly or partially due to any of the following: an act of war (whether declared or not), hostilities, act of foreign enemies, terrorism, civil disorder, strike or other form of civil disturbance (whether lawful or not) affecting delivery of the Goods, exceptional adverse weather conditions, natural disaster, acts of God, or unforeseeable circumstances beyond the control of Jack Doby. The foregoing shall include Jack Doby’s inability to obtain raw materials, labor, or supplies that cause or hinder Jack Doby from the manufacturing or delivery of the Goods.
In the event there is any inconsistency between this Terms of Sale and any other agreement between Jack Doby and the Purchaser relating to the Goods, this Terms of Sale shall govern. Any additional or altered terms to this Terms of Sale submitted by Purchaser shall be null and void unless expressly agreed to in writing by Jack Doby. If any provisions of this Terms of Use are deemed void, unlawful, or otherwise unenforceable, such provisions shall be severed from the Terms of Use and all remaining provisions shall continue to have full force and effect.
Purchaser agrees to be bound by the laws and statutes of the State of New York and to the exclusive legal jurisdiction and venues of the Courts of Nassau County, New York and the United States District Court for the Southern District of New York with respect to dispute under the Terms of Sale. The Terms of Sale shall be interpreted under the laws of the State of New York, without any effect to conflicts of laws rules.
