- SOJI COLORWORKS LLC
PRODUCT SALES MADE THROUGH SOJI'S WEBSITE ARE GOVERNED SOLELY BY SOJI'S TERMS AND CONDITIONS OF SALE. NO TERM OF ANY PURCHASE ORDER OR OTHER DOCUMENT ISSUED BY THE PURCHASER, OTHER THAN THE PURCHASER'S ACCEPTANCE OF THESE TERMS, SHALL BECOME A PART OF THE AGREEMENT BETWEEN THE PARTIES OR BIND SOJI. ONLINE SALES OF SOJI PRODUCTS ARE EXPLICITLY BASED ON THE PURCHASER'S ACCEPTANCE OF THESE TERMS.
Access to the online ordering application of this website is granted to you by limited permission of Soji Colorworks LLC, which limited permission Soji may revoke at any time, for any reason, in Soji's sole discretion. In order to access the ordering application of the website, you will have to create an account and will be asked for certain information. When creating your account, you must provide complete and accurate information. You represent that any information you provide to Soji during this registration process is accurate, to the best of your knowledge. You agree not to impersonate another person or create false account information. You agree to promptly update any account information when such information changes.
You also will be assigned a username and password. Your username and password are for your own use only. You must keep them confidential and you must not disclose them to anyone else. You are solely responsible for all activity on the website through the use of your username and password. Use of another user's account without permission is strictly forbidden. If you believe someone else may have gained access to your username and password for any reason (including without limitation due to theft or inadvertent disclosure), you should change them immediately. You must also notify Soji immediately of any breach of security or unauthorized use of your account.
Soji uses security measures to protect against unauthorized access, however, you agree that Soji is not responsible for any failure of such security measures to prevent unauthorized access to an account. Soji will not be liable for your losses caused by any unauthorized use of your account; however you may be liable for the losses of Soji or others due to such unauthorized use. You agree to observe all security features on the website and not to disable or circumvent any security features or devices.
Soji reserves the right, in its sole discretion, to suspend user privileges and block your access or use of the ordering application (in whole or in part) temporarily, indefinitely, or permanently at any time, for any reason, with or without prior notice.
2. Price and Payment
For all purchases made from Soji via this website, you agree to pay Soji the applicable fees set forth for such goods or services at the time of your request of the goods or services from Soji. You agree to pay all value added, sales and other taxes (other than taxes based on Soji's income) related to the goods or services provided to you.
Prices are set forth on the website and do not include any applicable sales, use, revenue, excise or other taxes or governmental charges, , VAT or duty. Any tax, excise or other charge imposed by any governmental or taxing authority [other than on income] shall be added to the purchase price and paid by the purchaser.
Prices do not include shipping charges. All shipping charges shall be added to the purchase price and paid by the purchaser. Delivery shall occur and title and all risk of loss shall pass to the purchaser when the product leaves Soji's facility. Soji shall not be responsible for any damage caused by a carrier, and the purchaser's sole recourse for that damage shall be against the carrier. All delivery schedules and dates given by Soji are estimates only.
Payments shall be made in United States currency and subject to these terms.
Soji has a NO REFUNDS/NO RETURNS policy.
Soji makes no warranties, whether express or implied, including warranties of MERCHANTABILITY or of FITNESS FOR A PARTICULAR PURPOSE.
4. Limitation of Liability
The parties acknowledge and agree that the prices stated for the products and services reflect the allocation of risk and liability assumed by the parties and are a consideration in limiting Soji’s liability. No claim of any kind whatsoever, whether arising in contract, tort, negligence, breach of warranty, strict liability or otherwise, for services or products delivered or not delivered as the case may be, shall be greater in amount than the purchase price paid of the product in respect of which such claim is made. Failure to give written notice of claim within ten (10) days from the date of delivery, or date fixed for delivery, as the case may be, shall constitute a waiver by the purchaser of all claims in respect of such products or services. UNDER NO CIRCUMSTANCES SHALL SOJI BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES FROM ALLEGED NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, ARISING IN CONNECTION WITH THE PROVISION OF SERVICES OR SUPPLIES.
5. Force Majeure
Soji shall be excused from performing its obligations hereunder if its performance is delayed or prevented by any event beyond such party’s reasonable control, including but not limited to, acts of God, fire, explosion, weather, disease, war, terrorism, civil strife, terrorism, government action, or power failure. If such delay shall continue for more than sixty (60) days, the party not experiencing the delay may terminate this Agreement, without liability, except that nothing shall relieve the purchaser for paying for services or supplies already provided.
6. Governing Law
This agreement shall be governed by, and construed in accordance with, the laws of the State of North Carolina, U.S.A., (without regard to conflict of law principles) as though made and to be fully performed in said State. Any cause of action by you with respect to this website, any linked site, and/or any information, products or services related thereto must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of, or in connection with, this agreement shall be brought solely in the state courts located in North Carolina for resolution of all such disputes. You expressly submit to the exclusive jurisdiction of said courts, and consent to extraterritorial service of process. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this website is in conflict or inconsistent with this agreement, this agreement shall take precedence. Soji's failure to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
7. Entire Agreement
These Terms and Conditions of Sale by Soji constitute the entire agreement between the purchaser and Soji with respect to the subject matter hereof, and merge and supercede all prior understandings and representations (oral or written) between the parties.
No subsequent agreement amending, modifying or supplementing this agreement shall be binding upon the parties unless in writing signed by the parties. All terms and conditions of any other document, including implementing forms, such as purchase orders, acknowledgments and the like, whether inconsistent, additional, different or otherwise, shall be deemed deleted and shall have no force and effect on either party’s rights or obligations under this agreement.
Soji Colorworks LLC
16 Independence Court
Greensboro NC 27408 USA