General Terms And Conditions Of Sale
The following General Terms and Conditions of Sale govern the sale of merchandise by Guerra Group, LLC, and its affiliates.The terms “Guerra Group,” “we,” “us,” and “our” refer to Guerra Group, LLC. The Site is available only for purchases made and delivered within the United States. Your use of the Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.
1. ORDERS AND PRODUCTS
Availability of products displayed on the Site is not guaranteed, as some products may be out-of-stock or discontinued. As a result, all orders are subject to e-mail confirmation by us. Additionally, please be aware that although we have made every effort to accurately display the colors of products on this Site, the actual colors you see may vary due to the device you are viewing the products from.
2. ERRORS AND INACCURACIES
We strive to provide complete, accurate, and up-to-date information on our Site.However, despite our best efforts, we recognize that at times the Site may contain mistakes, inaccuracies, or omissions, which may relate to pricing, availability or product information. We reserve the right to correct any mistakes, inaccuracies, or omissions. This right may be exercised even after an order has been submitted. We also reserve the right to cancel an order or to change or update information at any time without prior notice.
Prices displayed on the Site are in US dollars. These prices may change without notice from time to time.Additionally, while we make every effort to ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of the products you have ordered, you will have a choice to reconfirm your order at the correct price or cancel it. If we are unable to reach you regarding your order, your order will be cancelled.
4. SALES TAX
The total amount due is inclusive of sales tax which is determined based on your shipping address. The applicable sales tax amount is indicated on the payment page in your cart. It is possible that sales tax regulations may change between the time you place an order and the time your credit card is charged, and this may affect the calculation of sales taxes.As such, the amount appearing on the payment page inyour cart may differ from the sales tax ultimately charged as indicated in the invoice you receive with your shipping confirmation e-mail.
You are responsible for the shipping costs associated with the delivery of the products you purchase on the Site as shown on your order confirmation. Products ordered on the Site will be shipped to an address of your choice. You bear all risk of loss and damage to the products from the time they havedeparted our fulfillment house. Delivery is deemed complete, and title to the products passes to you upon acceptance of shipment by a common carrier.
6. RETURNS AND REFUNDS
Please refer to our Return and Refund Policy , for information regarding returns and refunds.
Our order confirmation e-mail, these General Terms and Conditions of Sale, the Terms and Conditions of Use and all Additional Terms on this Site shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.
8. GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of Texas (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Further, any disputes or claims that you may have against us will be resolved by a court located in the State of Texas, in the City of Tyler, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE GENERAL TERMS AND CONDITIONS OF SALE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) YOU ARE IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not make any express warranties or guarantees about the products shown on or purchased through this Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE PRODUCTSARE OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability, and the liability of our company and suppliers shall be limited to the extent permitted by law.
If any part of the General Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
12. FORCE MAJEURE
Guerra Group and its affiliates shall not be liable for any delay or failure in performance caused by circumstances beyond their reasonable control.