General Terms And Conditions
Orders
An order is not binding upon Fancy Dawgz until it is accepted; Fancy Dawgz must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Fancy Dawgz You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Shipping Charges
Your total cost for purchase of any product will include the shipping and handling charges shown on your Fancy Dawgz invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to Fancy Dawgz
Risk Of Loss
Fancy Dawgz will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. Fancy Dawgz reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Fancy Dawgz to sign appropriate documents on Customer's behalf to permit Fancy Dawgz to protect its purchase money security interest. Fancy Dawgz will advise Customer of estimated shipping dates, but Fancy Dawgz will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law And Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Fancy Dawgz and Customer shall be governed by the laws of the State of Georgia, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Fancy Dawgz and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Georgia, Fulton County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Fancy Dawgz that is more than one year after the date of the applicable invoice.
Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Georgia law.
Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
These terms and conditions, together with Fancy Dawg's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Fancy Dawgz and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Fancy Dawgz and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.