Legal Notice and Disclaimer of Warranties and Liability
©2022 ShopSellery.com, LLC. ALL RIGHTS RESERVED. Please refer to Terms and Conditions for further information. This website is operated by Sellery, LLC, a Florida limited liability company. Sellery™ is a trademark owned by Sellery, LLC. Any unauthorized use is expressly prohibited. The website address for Sellery, LLC is http://shopsellery.com.The mailing address for Sellery, LLC is c/o Castro Potts Law Firm 1990 Main St. Ste 750 Sarasota, FL 34236
By purchasing through ShopSellery.com, you (“Purchaser”) hereby agree to the following terms and conditions with regard to your transaction with, and any and all dealings between you and, Sellery, LLC, a Florida limited liability company (“Vendor”). These terms and conditions are subject to change at any time without prior notice.
1. Disclaimer of Warranties.
Vendor is a retailer only, and the products sold by Vendor are not manufactured or designed by Vendor. All products are covered by, and subject to, the terms, conditions, and limitations of the warranty, if any, provided by the manufacturer or brand/designer of the Products, which warranty is expressly in lieu of any other warranty, express or implied, of or by Vendor or the manufacturer or brand. Vendor makes no warranties whatsoever. IN NO EVENT SHALL VENDOR BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. VENDOR SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY PRODUCTS, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. The aggregate liability of Vendor arising out of or related to any product shall not in any event and under any circumstances exceed the total amount paid to Vendor in connection with the purchase thereof from all parties. Vendor shall not be liable in contract or tort for any representations or warranties other than those expressed herein.
2. Limitation of Vendor Liability.
VENDOR SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS PURCHASER FROM AND AGAINST ANY OR ALL DAMAGES AND COST INCURRED BY PURCHASER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS BY PRODUCTS. VENDOR SHALL NOT BE LIABLE TO PURCHASER, PURCHASER’S CUSTOMERS, OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR APPLICATION BY PURCHASER, PURCHASER’S CUSTOMER, OR ANY OTHER PARTY, OF PRODUCTS DELIVERED TO PURCHASER, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF VENDOR. IN NO EVENT SHALL VENDOR BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY VENDOR, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY PURCHASER HEREUNDER. IN NO EVENT SHALL VENDOR BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH VENDOR’S BREACH OF, OR FAILURE TO PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS AND CONDITIONS, OR THE FURNISHING, , USE OR PERFORMANCE OF ANY PRODUCTS OR INFORMATION VENDOR SHALL PROVIDE HEREUNDER, EVEN IF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES. PURCHASER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR SUCH DAMAGES.
3. Manufacturer, Brand and Supplier Restrictions.
All Products delivered to Purchaser hereunder may have additional restrictions on their use required by the manufacturer or Brand. Without limiting the foregoing, Purchaser agrees to comply with the manufacturer’s or other requirements with regard to proprietary and similar rights in and to any Products (including any requirement to enter into a separate license agreement and prohibitions against duplicating or disclosing the same), even if the seal on any “shrink wrapped” product has been broken by Vendor, and will indemnify Vendor against and hold it harmless from any and all liability, cost or expense arising from a breach or purported breach of such requirements. Purchaser is solely responsible for ensuring its adherence to any and all such restrictions and requirements. If any supplier prohibits Vendor from selling specific products to Purchaser, then Vendor reserves the right not to sell such products to Purchaser.
By making a purchase from ShopSellery.com, you understand and agree that ShopSellery.com may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, credit card authorization, vendor direct shipping and Sellery’s Marketplace.
This website may contain errors and may not be complete or current. ShopSellery.com therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability, and we reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
4. Customer Service
For more information on Sellery’s Customer Service Policies or to resolve a complaint regarding service, email us at email@example.com.