Terms of Sale
Effective Date: September 1, 2013
MadeClose's products and services are provided by Made Close LLC. These Terms and Conditions of Sale ("Terms") govern your access to and use of MadeClose's website, products, and services ("Products") for the purchase of items (“Merchandise”) directly through the Site or Applications.
Made Close LLC ("Made Close", "MadeClose", "our", "us" or "we") provides the services offered by MadeClose(the "Services") through our website, accessible at www.madeclose.com (the "Site"), and our applications for mobile devices (the "Applications").
Merchandise offered for sale directly through the Site or Applications is sold by MadeClose or the merchant that the item is specified as sold by ("Merchant"). Not all Merchandise on the Site or Applications is available for purchase; instead, you may be re-directed to a third party website for purchase. These Terms do not apply to Merchandise purchased on such third-party websites.
Merchandise for shipment within the United States may be subject to taxes or additional delivery fees.
These terms and conditions are in addition to the standard Terms of Service of the Site. Pursuant to those terms, title and risk of loss for the items transfer to the recipient upon delivery to the common carrier in the United States.
Please note that Merchants may have policies that differ from MadeClose’s Terms. For items you have purchased from a Merchant, please see the applicable Merchant's policies for any other terms and conditions that may apply to your purchase of such items.
2. Risk of Loss
All merchandise purchased from MadeClose or Merchant is made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
3. Product Descriptions
MadeClose attempts to be as accurate as possible. However, MadeClose does not warrant that product descriptions or other content of any MadeClose Service is accurate, complete, reliable, current, or error-free. If a product offered by MadeClose itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the price or suggested price displayed for products on the Site or Applications represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Where an item is offered for sale by one of our Merchants, the list price or suggested price may be provided by the Merchant.
Occasionally, products from the same Merchant may have different lead times for fulfillment. Orders placed for multiple products from a single merchant that have different lead times will be held until all products are available and fulfilled together in one shipment. Parties other than MadeClose may operate stores, provide services, or sell product lines on the Site or through the Applications. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. MadeClose does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
MadeClose will have a customer service email account (email@example.com) through which customers will be able to deal with product or transaction issues. MadeClose may need details, explanations or answers from the merchant in order to process certain customer service requests.
7. Disclaimer of warranties and limitation of liability
All information, content, materials, merchandise, products (including software) and other services included on or otherwise made available to you through MadeClose services are provided by MadeClose on an "as is" and "as available" basis, unless otherwise specified in writing. MadeClose makes no representations or warranties of any kind, express or implied, as to the operation of the MadeClose services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the services, unless otherwise specified in writing. You expressly agree that your use of the MadeClose services is at your sole risk.
To the full extent permissible by applicable law, MadeClose disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MadeClose does not warrant that merchandise, information, content, materials, products (including software) or other services included on or otherwise made available to you for purchase through the site or applications are free of harmful components. MadeClose will not be liable for any damages of any kind arising from the use of any madeclose service, or from any merchandise, information, content, materials, products (including software) or other services included on or otherwise made available to you through any MadeClose service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
Any dispute or claim relating in any way to your use of any MadeClose Service, or to any products or services sold or distributed by MadeClose or through the Site or Applications shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND MADECLOSE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.
10. Site Policies, Modification, and Severability
Please review our other policies. These policies also govern your use of the Services. We reserve the right to make changes to our site, policies and Terms at any time. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any questions about these Terms or any questions, complaints or claims with respect to the Applications, please contact us at firstname.lastname@example.org.