Terms of Sale
Dark Stars Terms of Sale
RAWTECH SCIENCE LABS ("RAWTECH") IS WILLING TO SELL TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT" YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN RAWTECH IS UNWILLING TO SELL TO YOU, AND YOU SHOULD SELECT THE "DECLINE" BUTTON AND THE REGISTRATION WILL NOT CONTINUE.
TERMS OF SALE AGREEMENT
1. Parties. The parties to this Agreement are you, and the owner and operator of this darkstars.co web site, Rawtech Science Labs ("Rawtech"). If you are not acting on behalf of yourself as an individual, then "you" means your company or organization. All references to "us", "this web site" or "this site" shall be construed to mean Rawtech.
2. Purchase of Goods; Other Documents. Rawtech agrees to sell, and you agree to purchase, goods from this site, subject to the terms and conditions hereof. Orders are not binding upon Rawtech until accepted by Rawtech. Other than as specifically provided in any separate formal purchase agreement between you and Rawtech, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for goods which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Rawtech.
3. Eligibility. The Rawtech Orders are not available to minors under the age of 18 years of age. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Rawtech account to another party.
4. Custom Duties and/or VAT Taxes. If you live in a jurisdiction that requires custom duties and or VAT taxes to be collected agree, that unless custom duties and taxes are collected by this site at the point of sale, you remain responsible for the payment of custom duties and VAT taxes at the time of delivery. If Rawtech is charged with custom duties or VAT taxes, you authorize Rawtech to charge you for (i) such duties and/or VAT taxes, or (ii) for the return of goods if they are refused at the point of destination.
5. Price Quotes; Pricing. Any price quotations provided on this site shall be valid for the period stated. If no time period is stated, then the price charged for an order will be the price in effect the day Rawtech accepts the order. Item prices shall be identified on the on-line order form at the time of your order placement. Rawtech may change item prices at any time without notice. Prices do not include charges for shipping and handling, and applicable taxes.
6. Shipping And Handling Charges; Taxes. Separate charges for shipping and handling will be shown on our e-mail order confirmation. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, You will be responsible for sales and all other taxes associated with Your order, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on our e-mail order confirmation. You may review our shipping policy at https://shop.darkstars.co/policies/shipping-policy
7. Payment Terms. Terms of payment are within Rawtech's sole discretion, and unless otherwise agreed to by Rawtech in a signed written document, payment must be made in a manner approved by this site and received by Rawtech prior to Rawtech's acceptance of an order.
8. Ownership; Risk of Loss. Title to goods purchased at this site under this Agreement passes from Rawtech to you on shipment from Rawtech's facility. Loss or damage that occurs during shipping by a carrier selected by Rawtech shall be Rawtech's responsibility.
9. Return/Refund Policy. Goods purchased from this site for your internal use may be returned in accordance with our return/refund policy in effect on the date of our acceptance of your order. You may review our return/refund policy at https://shop.darkstars.co/policies/refund-policy
10. Limited Warranty For Rawtech-Branded Items; Limitation of Liability. Rawtech provides a limited warranty only for Rawtech-branded items purchased at this site. Rawtech makes no warranty for non-Rawtech-branded items purchased at this site; warranties for these items, if any, will be from the suppliers of these items and will be included with the item's packaging. You may review our limited warranty for Rawtech-branded items at https://shop.darkstars.co/pages/warranty prior to making your decision to order items from this site. Such limited warranty statement, shall constitute Rawtech's sole warranty for Rawtech-branded items purchased on this site. Consult the applicable limited warranty statement for eligibility and claim procedures. Rawtech reserves the right to modify the terms of its limited warranty statements at any time, in its sole discretion, and such modifications shall be applicable to future sales of such items from and after the effective date of the modified limited warranty statement. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED ABOVE, RAWTECH PROVIDES THE ITEMS AT THIS SITE "AS-IS" AND PROVIDED WITH ALL FAULTS. RAWTECH MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. RAWTECH SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS, THAT THIS SITE HAS NO CONTROL OVER THE INTERNET, AND THAT THIS SITE IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THIS SITE'S SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Some states do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific rights, and You may have other rights which vary from state to state.
11. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
12. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Cheyenne, Wyoming, and may be conducted by telephone or online by mutual agreement of the parties. The arbitrator shall apply the laws of the State of Wyoming to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
13. Jurisdiction And Venue. The courts of Laramie County in the State of Wyoming, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
14. Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. Notwithstanding anything to the contrary contained herein, if either party is unable to perform hereunder for a period of thirty (30) consecutive days, then the other party may terminate this Agreement immediately without liability by ten (10) days written notice to the other.
15. Miscellaneous. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of Wyoming, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language.
Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.