Website Sales Agreement

TERMS AND CONDITIONS FOR SCHOOL ONLINE SALES AGREEMENT

THIS WEBSITE SALES AGREEMENT (the "Agreement") between Carson-Dellosa Publishing Company, Inc. a North Carolina corporation ("Seller") and you the ("Buyer"). WHEREAS, Buyer and Seller are desirous of entering into a relationship pursuant to which Buyer may utilize the website at: (https://www.carsondellosa.com)(the "Website") operated by Seller to process orders to purchase certain products from Seller from time to time (the "Goods") as provided herein; NOW, THEREFORE, in consideration of the mutual premises and undertakings contained herein, the parties do hereby agree as follows:

  • USE OF WEBSITE.
    • Buyer and Seller may facilitate purchase and sale of goods and services from each other by electronically transmitting and receiving orders for Goods via the Website rather than by exchanging paper documents. Buyer and Seller intend that contracts formed thereby and any data electronically transmitted will be as legally sufficient and enforceable as paper documents exchanged between the parties. Orders for Goods utilizing the Website shall be assumed to be properly authorized and all transactions will be subject to Seller's terms and conditions as set forth on the Website.
    • The description and price of the Goods ordered by Buyer will be as shown on the Website at the time Buyer selects its order. The Goods are subject to availability. If on receipt of Buyer's order the Goods ordered are not available, Seller shall ship the Goods when they become available in accordance with its standard policy.
    • Set up of ship-to address location(s) is the sole responsibility of Buyer. Seller will ship products to location(s) specified in online order. Seller is not responsible for any errors Buyer makes in specifying ship-to address.
  • ENFORCEABILITY AND ADMISSIBILITY. The parties agree that any data properly transmitted pursuant to this Agreement will be deemed for all purposes: (1) to be a "writing" or "in writing;" and (2) to constitute an "original" in the ordinary course of each parties business. The parties agree that to the extent permitted by law the data records maintained by the parties shall be admissible in adversarial proceedings and may be used as evidence of the information contained in them.
  • TERMS AND TERMINATION. Either party may terminate this Agreement by giving the other party at least thirty (30) days prior written notice of termination. Any termination will not alter the rights or duties of the parties with respect to data transmitted before the effective date of the termination.
  • NATURE OF AGREEMENT. This Agreement does not express or imply any commitment to purchase or sell goods or services or to conduct any business transaction.
    • All initial orders are prepayment required
    • There are minimum sales requirements and the customer must meet eligibility conditions before open terms are extended per existing policies
    • Returned checks: Any returned check will be subject to a $25 fee per presentation. This fee must be repaid before any future orders will be allowed to be processed. Two more nsf checks will require conversion to credit card, money order or cashier’s check only.
    • Past due Accounts: No shipments will be made on a past due account. Past due accounts are subject to but not limited to a 1.25% finance charge, revocation of terms, exclusion from web and promotional benefits and submission to a collection agency for more aggressive pursuits. All collection agency fees will the customers sole responsibility and must be paid in full with the principal balance before the account will be reactivated/future orders processed.
    • Carson-Dellosa reserves the right to amend or modify any existing policies as needed without notice
    • Please contact our credit and collections department at 800-321-0943 for any questions or concerns regarding your account or terms eligibility
  • CONTROLLING LAW. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of North Carolina, without giving effect to its conflict of laws principles.

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