Sales Terms
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. Sea Island Forge, LLC ("Sea Island Forge, Inc.,” "we", "us", "our") is the seller of the goods and services advertised on this e-commerce
platform. All sales on this platform are pursuant to these Terms and Conditions of E-Commerce Sales of Goods and Services by Sea Island Forge, LLC (hereinafter, “Terms of Sale” or “Agreement”). By making a payment on our website, you are agreeing to these terms and conditions for the sale when the sale is accepted by us as set forth herein.
- PURCHASER REPRESENTATIONS. The following representations on your part are material terms of this agreement.
- By making a purchase on this web page, you represent and affirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You agree and represent that you will not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- If you are purchasing our grill, griddle, heat dome or similar products designed to be used with Sea Island Forge fire pits, you represent and warrant that you already own such a fire pit and that you do not intend to use those products with any fire pit or other structure not designed and produced for purpose by us.
- GENERAL CONDITIONS. We reserve the right to refuse sales or service to anyone for any reason at any time in our sole discretion. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree that all communications pursuant to this Agreement may be communicated electronically, and that these communications satisfy all legal requirements for notice.
- PRODUCTS Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy included on website. Each order for products shipped will be deemed accepted by us when you receive electronic notice of acceptance or notice that the item has shipped, whichever first occurs.
- PAYMENT. Payment in full is due prior to shipping, and sales are made FOB Seller.
- PURCHASER LOCATION. At the current time, sales are only available to purchases in the United States of America. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction for any or no reason. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Returns on our web page.
- PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed on our web page.
- NO TRANSFER OR INTELLECTUAL PROPERTY
You are purchasing goods and/or services but not the design or intellectual property utilized in their creation. Nothing in this Agreement will transfer to you any of our intellectual property. You agree that you will not copy the design or manufacturing techniques utilized in creating our product, whether through reverse engineering or
otherwise.
- WARRANTIES; LIMITATION OF LIABILITY
We warrant that our products are of sound and good manufacture when shipped. Returns are at our discretion per the Returns policy on our web page. ALL IMPLIED
WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. In no case shall Sea Island Forge, our directors, officers, employees, affiliates, agents, contractors suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of any products purchased pursuant to this Agreement. The total liability of Sea Island Forge for any claim arising from or related to a purchase product(s) shall not exceed the price paid by purchaser for said product(s). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sea Island Forge and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees (hereinafter, collectively, “Indemnities”), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Sale or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You further agree to indemnify the Indemnities for your use of any of our products in a manner for which they were not designed or reasonably intended, including for any personal injuries or product liability claims that arise because of that use. YOU SPECIFICALLY AGREE TO INDEMNIFY THE INDEMNITIES FOR ANY CLAIMS ARISING FROM YOUR OR ANOTHER’S USE OF PURCHASED GRILL, GRIDDLE, HEAT DOME, OR SIMILAR PRODUCTS WITH ANY FIRE PIT NOT MANUFACTURED BY SEA ISLAND FORGE, LLC.
- SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- GOVERNING LAW, VENUE, AND LIMITATION PERIOD The laws of the State of Georgia shall govern your purchases, without reference to the Conflicts of Law provisions thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is inapplicable and the Uniform Commercial Code is inapplicable to this agreement. ANY CAUSE OF
ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE. Venue for any such claim shall be in Glynn County, Georgia, and you expressly waive any objection to said venue on the basis of the doctrine of forum non conveniens or for any other reasons.
- ENTIRE AGREEMENT
These Terms of Sale represent the entire Agreement between the parties regarding the goods or services purchased, and supersede and replace any other communications, whether written or oral, of any sort. Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party. No oral agreement, statement, promise, undertaking, understanding, arrangement, act or omission of any party, occurring subsequent to the date hereof may be deemed an amendment or modification of these Terms and Conditions unless reduced to writing and signed by the parties hereto or their respective successors or assigns.