General Terms & Conditions of the Sales Order

These general terms and conditions constitute a part of the offer of Customer to purchase the products and services described in the attached sales contract and form a part of the sales contract between Customer and Belvedere Sportswear, Inc.”. The submission of an order by Customer on the website constitutes a firm offer that shall remain open for Belvedere Sportswear, Inc.’s (herein referred to as ‘BSW’) acceptance within fourteen days of Customer’s offer.

1. Order Processing. Belvedere Sportswear, Inc. will fulfill Customer’s order for products and services upon completion of the following: a) submission of order through the website or paper firm, b) receipt of payment, c) acceptance of the following terms of sale.
2. Payment: 100% payment is due prior to BSW fulfilling and shipping any order.
3. Shipping & Delivery: We ship products from Monday to Friday and can only fulfill an order to a delivery address which is a home or office. Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. Shipping costs will be displayed on the checkout screen, by submitting your order you agree to the costs of shipping. Shipping costs are non-refundable.
4. Changes, Cancellations, and Returns. Except for defective and unused products, all sales are final. Customer has 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. The item must be in the original packaging and still have all hang tags attached.
5. Refunds. Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. Any item(s) that have been used, or show wear and tear will not be eligible for exchange or refund. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within 14 days, or depending on your card issuer's policies. All ‘Sale’ items are sold as ‘Final Sale’ and will be considered final with no returns or exchanges.
6. Shipping on refunds. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non¬refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
7. Passage of Title and Risk of Loss. Title and risk of loss shall pass to Customer upon delivery of the products to the Customer.
8. Liabilities and Warranties. ALL PRODUCTS SOLD BY BELVEDERE SPORTSWEAR, INC. ARE SOLD AS IS. BELVEDERE SPORTSWEAR, INC. MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCTS. The Liability of Belvedere Sportswear, Inc. to correct the foregoing problems is expressly limited as follows: 1) for defects in modifications to the products or use of the products in a manner not recommended by the Belvedere Sportswear, Inc., Belvedere Sportswear, Inc. shall have no liability whatsoever and 2) for damage to the products, Belvedere Sportswear, Inc. shall have no liability to repair or replace the products unless the damage or loss was caused by Belvedere Sportswear, Inc. or its agents.
9. DISCLAIMER. . . . THE BELVEDERE SPORTSWEAR, INC. WEB SITE (the “SERVICE”) CONTAINS DATA, INFORMATION, OPINIONS, STATEMENTS, RECOMMENDATIONS, PRODUCTS AND OTHER CONTENT FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. BELVEDERE SPORTSWEAR, INC. DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY DATA, PRODUCTS, INFORMATION, OPINION, STATEMENT, FORECAST, RECOMMENDATION OR OTHER CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH DATA, INFORMATION, OPINIONS, STATEMENTS, RECOMMENDATIONS AND OTHER CONTENT SOLELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED TO YOU "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BELVEDERE SPORTSWEAR, INC. AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BELVEDERE SPORTSWEAR, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES THAT IT PROVIDES OR THAT IS REVIEWED, AVAILABLE OR ADVERTISED THROUGH THE SERVICE. IN ADDITION, ALTHOUGH BELVEDERE SPORTSWEAR, INC. INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, , , , BELVEDERE SPORTSWEAR, INC. DOES NOT WARRANT THAT THE SERVICE OR CONTENT CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY. IN NO EVENT WILL BELVEDERE SPORTSWEAR, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOSS OF BUSINESS, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR FOR BREACH OF THIS AGREEMENT. IN NO EVENT SHALL BELVEDERE SPORTSWEAR, INC.’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, OR FOR BREACH OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID TO BELVEDERE SPORTSWEAR, INC. HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH CLAIM AROSE, OR (B) FIFTY DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF BELVEDERE SPORTSWEAR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Miscellaneous Provisions. a) Customer agrees not to delegate any duty or assign any right arising under this contract. b) This contract contains the entire agreement of both parties, and supersedes any other prior or contemporaneous written or oral agreement, condition, discussion, representation or understanding. In the event that there is a conflict between this agreement and any terms contained on the Belvedere Sportswear, Inc. Web site, this agreement shall prevail. c) A failure of a party to insist upon performance in one instance shall not constitute a waiver of the party to insist upon performance on any other occasion. d) The parties agree this contract shall be governed by the Laws of the State of California, and any dispute arising therefrom shall be submitted to binding arbitration in San Francisco, California, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The prevailing party shall be entitled to recover the costs of arbitration, including a reasonable attorney’s fee to be determined by the arbitrator.