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Customer service & return policy |
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1. RETURN POLICY. ALL SALES ARE FINAL. HOWEVER, ANTHONY’S, LLC, (“ANTHONY’S”) WILL ACCEPT THE RETURN OF MERCHANDISE PROVIDED THAT: (A) IT IS RETURNED TO ANTHONY’S WITHIN 14DAYS OF THE CUSTOMER’S RECEIPT THEREOF; (B) IT IS IN THE SAME CONDITION AS WHEN SHIPPED; (C) THE ENTIRE LOT IS RETURNED TO ANTHONY’S; (D) THE CUSTOMER PAYS THE RETURN SHIPPING CHARGES; AND, (E) TO THE EXTENT THAT CUSTOMER HAS PURCHASED THE GOODS THROUGH THE USE OF A CREDIT CARD OR PAYPAL ACCOUNT, CUSTOMER HEREBY AUTHORIZES ANTHONY’S TO DEDUCT THE RETURN SHIPPING CHARGES AND RESTOCKING FEE FROM THE CREDITED AMOUNT.
2. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE ANTHONY’S BE LIABLE FOR ANY DAMAGES, WHATSOEVER, AND IN PARTICULAR, SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR DAMAGES OF LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE FROM THE SALE OF GOODS TO CUSTOMER WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. CUSTOMER’S SOLE REMEDY SHALL BE THE RIGHT TO RETURN THE GOODS FOR A CREDIT LESS RETURN SHIPPING AND A RESTOCKING FEE PURSUANT TO THE TERMS AND CONDITIONS DELINEATED IN PARAGRAPH 1 ABOVE.
3. CONSENT TO JURISDICTION IN NEW JERSEY. CUSTOMER HEREBY ACKNOWLEDGES AND CONSENTS THAT ANY LEGAL PROCEEDING OR ACTION WITH RESPECT TO HIS/HER/ITS PURCHASE OF GOODS FROM ANTHONY’S SHALL BE BROUGHT IN THE SUPERIOR COURT OF NEW JERSEY WITH VENUE IN BERGEN COUNTY OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, AND THE PARTIES HEREBY CONSENT TO THE JURISDICTION OF THE AFORESAID COURTS. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY OBJECTION, INCLUDING, WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE BASED ON THE GROUNDS OF FORUM NON CONVENIENCE WHICH IT OR THEY MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY SUCH ACTION OR PROCEEDING IN SUCH RESPECTIVE JURISDICTION.
4. WAIVER OF TRIAL BY JURY. CUSTOMER HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND TO WAIVE ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THIS TRANSACTION(S) OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION THEREWITH.
5. APPLICABLE LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY. |
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