All sales made by AURELIAN LLC (“AURELIAN”) to you (“Customer” or “You”) are governed by these Terms and Conditions of Sale unless otherwise indicated by AURELIAN LLC in writing. Please read these terms and conditions thoroughly before placing an order. Placing an order with AURELIAN means you understand these terms and conditions and agree to abide by them. AURELIAN LLC reserves the right to amend or modify these terms and conditions at any time at its sole discretion.
AURELIAN T-Shirts May Not be Sold Blank Online
AURELIAN T-shirts may not be sold blank online (which means over the internet). Selling online includes, but is not limited to your website, someone else’s website or a ‘public forum’ such as Amazon or Ebay. AURELIAN t-shirts may not be sold blank anywhere online or on the internet. You may not resell or re-convey, or offer to sell or re-convey online, any AURELIAN products to any person or entity, under any circumstances or through any means, unless you first substantially modify those products by printing, embellishing, or decorating them so as to clearly distinguish them from AURELIAN’s product line. AURELIAN shall have sole discretion to determine whether you have adequately distinguished the products. As a condition of buying AURELIAN products from us now, you agree that these terms apply to ALL AURELIAN products you now have or later acquire, whether or not obtained from us and whether or not such products were previously or would otherwise be subject to these terms.
Modification of AURELIAN T-Shirts or Totebags
Once you print, dye, or alter AURELIAN t-shirts you own them. Once goods are printed, or altered in any way the Customer cannot return them or make a claim relating to the goods. This has a number of implications for You. For example, if You print AURELIAN t-shirts you should test one first to make sure you are happy with the final product. Also, before you print or alter AURELIAN’s t-shirts you must make sure that you’ve received what you ordered, and that you are happy with the quality.
Ownership and Title
All goods sold by AURELIAN are sold FOB AURELIAN’s warehouse which is located in Richmond, Vermont. That means the moment goods leave AURELIAN’s warehouse and are in the hands of the shipper (usually UPS or USPS), the goods belong to the Customer. If goods are lost, damaged, or delayed by the shipper, AURELIAN is not responsible. Any loss occurring during shipping is the Customer’s loss.
Returns by Consumers (people, not business or wholesalers)
AURELIAN wants you to be happy. Please try to return AURELIAN t-shirts unwashed, with tags intact. Consumer is responsible for return shipping charges. By consumers we mean individual people buying shirts at retail prices (this differs from wholesalers). Our return policy for wholesalers is different and is stated below.
Returns by Wholesalers.
We define a “Wholesaler” as a person or business which purchases items at wholesale prices. Items sold to Wholesalers are not returnable, or refundable. Wholesale purchase orders, once submitted to AURELIAN LLC may not be cancelled.
Prices, Quantities, Styles, Colors
Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. AURELIAN LLC reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.
Disclaimer of Warranties
AURELIAN cannot guarantee variances in color, shade, size and construction of merchandise. AURELIAN hereby disclaims all express and implied warranties, including, without limitation, implied warranties of merchantability and fitness for particular purpose. All such warranties are hereby disclaimed and excluded from any and all transactions between customer and AURELIAN and shall not apply to the merchandise sold by AURELIAN.
Limitation on Liability
Customer acknowledges that AURELIAN shall not be liable for direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if AURELIAN has been advised of the possibility of such damages), or personal injuries or death resulting from the use or sale of the AURELIAN’s merchandise.
No Liability for Outside Vendors
AURELIAN shall not be liable for any work performed by any third party vendor referred by AURELIAN and hereby waives any right to assert any claim against AURELIAN for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.
Attorneys’ Fees and Costs of Law Suits
Should AURELIAN choose to institute a law suit against the Customer for violating these Terms & Conditions, and the court rules in AURELIAN’s favor, the Customer agrees to pay for AURELIAN’s attorney’s fees and cost of the law suit.
Customer’s Credit Worsens
AURELIAN has the right, in addition to other remedies provided by the law, to terminate any delivery or suspend further deliveries of other shipments in the event Customer fails to pay for any shipment when the same becomes due. Should Customer’s financial condition become unsatisfactory to AURELIAN, in AURELIAN’s sole discretion, AURELIAN may require cash payments in advance or other security satisfactory to AURELIAN prior to shipment of merchandise.
Special Terms Applicable to Custom Orders
The following terms and conditions shall apply to custom orders. All custom orders require a 60% deposit prior to commencing production, with the balance to be paid upon terms assigned by AURELIAN. No changes will be accepted once merchandise has entered production. All orders ship within +/- 7% of the total quantity ordered. Customer will be billed for actual quantity shipped. All shipping costs are the responsibility of Customer, FOB Location specified on order confirmation. All customer order sales are final, based on approval of pre-production sample. No returns of custom merchandise are allowed. Customer shall assert claims for shortages or defective merchandise in accordance with these Terms and Conditions of Sale. Shipment and receipt dates quoted to Customer will be approximate and are not guaranteed. AURELIAN will not be liable for delays resulting from customs inspection or clearance. AURELIAN adheres to industry-wide standards on PFD tolerances on critical measurements: +/- 8% in width and +/- 10% in length. All custom dye colors will be with in tolerance of +/- 15% AURELIAN’s shade band standard.
Jurisdiction / Governing Law
AURELIAN is headquartered in the State of Vermont, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Vermont (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.
Customer expressly agrees that exclusive jurisdiction for any dispute with AURELIAN, or in any way relating to these Terms and Conditions of Sale, resides in District court in and for the County of Chittenden and the State of Vermont and you further agree and expressly submit to the personal and exclusive jurisdiction of the District court in and for the County of Chittenden and the State of Vermont in connection with any such dispute including any claim involving the merchandise or AURELIAN or its affiliates, subsidiaries, employees, contractors, officers, directors.
Neither Customer nor AURELIAN shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
Use of Materials Located on the AURELIAN Website
Copyrights, Trademarks, and Restrictions
All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by AURELIAN LLC or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by AURELIAN LLC may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to AURELIAN LLC or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
These Terms and Conditions of Sale constitute the entire agreement between AURELIAN and Customer, superseding any prior agreements between Customer and AURELIAN. The failure of AURELIAN to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effec
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