Section A – Terms of Sale Applicable to all Wood Choppin’ Time online purchases
Wood Choppin’ Time shall have the right at any time, prior to Wood Choppin’ Time’s (hence referred to as WCT) acceptance of your order, to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. Any prices, quotations and descriptions made or referred to on the WCT’s Online Services are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to WCT’s express acceptance of your order (as described below). WCT reserves the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
When you use third party payment and billing providers, such as PayPal, that provider’s additional terms, and costs, may apply. It is your obligation to pay all Federal, State and local taxes associated with the receipt or use of the digital goods which you purchase from WCT.
Depending on your country of residence, and the particular WCT Online Service that you use to make a purchase, you may be able to choose from several different currencies to purchase goods online from WCT.
WCT may, from time to time, change, modify or update these Terms of Sale, and the revised Terms of Sale will apply to all subsequent purchases. You agree that you will review the Terms of Sale before any purchase. For easier reference, WCT will change the “Last revised” date above.
Limitation of Liability.
To the maximum extent permitted by applicable law, WCT will not be liable for damages of any kind arising from the use of the WCT Store, including, but not limited to any indirect, incidental, punitive, special or consequential damages. In no event shall WCT’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to WCT during the thirty (30) days immediately prior to the time such claim arose.
You shall indemnify WCT against any and all liabilities, claims and costs incurred by, or made against, WCT as a direct or indirect result of WCT performing Services or carrying out any work on or to the products where this has been done to your (or your representative’s) specific requirements or specifications; causing an infringement or alleged infringement of any proprietary rights of any third party. To the fullest extent permitted by law, and save where expressly set out in any License Terms or in any other agreements between the parties, WCT shall have no liability to you in the event of the products or services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the products are or may be the subject of patent, copyright, database right, registered design, trademark or other rights of any third party, you should refer to the relevant terms of the product manufacturer and/or licensor/owner. WCT shall only be obliged to transfer to you only such right or title as WCT has.
The Terms of Sale shall be governed by and construed in accordance with the law of the State of Ohio, excluding its conflicts of law rules and excluding the UN Convention on Contracts for the International Sale of Goods. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the purchase of tangible goods and/or services supplied by WCT to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement.
Place of Jurisdiction.
To the fullest extent permissible under applicable law, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Sale shall be a court of competent jurisdiction located in Toldeo Ohio, the United States.
WCT shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of WCT being prevented, hindered or delayed in the performance by circumstances beyond WCT’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event WCT may elect to cancel your order and refund any payments made.
You acknowledge that these Terms of Sale supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between WCT and you with regards to your ability to purchase goods or services from WCT’s Online Services. These Terms of Sale prevail over any other terms or conditions contained in or referred to other agreements between the parties or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.
Section B – Terms of Sale for Digital Content and Services
Orders for Digital Content and Services.
By placing an order on the WCT Shop, you agree that you are submitting a binding offer to purchase digital content, such as digital versions of WCT’s digital content for WCT products (“Digital Content”) or service from WCT. Your order is accepted and a contract concluded once WCT has sent you a Confirmation Email (“Confirmation Email”). YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF DIGITAL CONTENT AND THE PERFORMANCE OF WCT’S SERVICES BEGINS IMMEDIATELY AFTER THE CONFIRMATION EMAIL IS SENT.
All Sales for Digital Content or Services are Final.
No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
Availability of Digital Items.
Digital Content is available for download at the time of completed purchase and will remain available for the life of the website or until the file is removed from the server.
WCT reserves the right to remove files as needed. WCT makes no guarantees to the availability of past purchases after initial delivery of said purchase has been completed.