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DISCLAIMERS

THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN THIS WEBSTORE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, DESIGNS, IMAGES, VIDEO, AUDIO AND HYPERLINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 40 NORTH LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSTORE, THAT YOUR USE OF THIS WEBSTORE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ANY NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSTORE, AND THAT IN NO EVENT SHALL 40 NORTH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF IT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL 40 NORTH, 40-NORTH.COM, FORTY-NORTH.COM OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF 40-NORTH.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE.

These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy.

INDEMNIFICATION

You agree to defend, indemnify and hold 40 North LLC of Unit 2309, One City Place, White Plains, New York harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this webstore, your access to, or inability to access this webstore, or from your reliance upon any information, designs, images, text, graphics, and/or promotions contained in this webstore.

PRODUCT INFORMATION

40 North LLC (40 North) cannot guarantee that the products and selection appearing on this webstore will be available, either through this webstore or at 40 North's related websites. All product descriptions, specifications, colors, and prices are subject to change by 40 North at any time without notice. Prices displayed on the webstore are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on this webstore.

Please call us at 1-203-276-0841 for if you need assistance with our products.

PURCHASES

Products offered for sale and services available on this webstore and/or 40-North.com are for personal use only, not for re-sale. We reserve the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of our business practices, applicable laws or policies.

ACCURACY OF INFORMATION

The information presented on this webstore has been compiled by 40 North from internal and external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This webstore may contain typographical errors, incomplete or out of date information. 40 North reserves the right to make changes to the information in this webstore, or to the services described therein, or update such information at any time without notice (including after you have submitted your order), but 40 North makes no commitment to correct or update this information.

APPLICABLE LAW

This webstore has not been created by 40 North LLC and is not controlled by 40 North LLC. 40 North LLC has no control over the formatting, layout, image sizes, quality of images, colour and other content and payment procedures of this webstore.

If there is a dispute about our policies and procedures or your use of this webstore, the laws of the State of New York, United States of America, shall apply, without regard to any other conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in New York City.

TERMINATION

The eCrater webstore adminstrator may immediately, without notice, deny you access to this webstore if, in its sole discretion, you fail to comply with any term or provision of these terms and conditions of use or fail to comply with eCrater's own terms and conditions.

LINKS TO OTHER WEB SITES AND SERVICES

40 North via this webstore and/or its own website, 40-North.com or related websites, may contain links to web sites other than our own.

40 North.com does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. 40 North LLC does not control the content of these sites and takes no responsibility for their content, nor should it be implied that 40 North LLC or 40-North.com endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service or resource.

INTELLECTUAL PROPERTY RIGHTS

Ownership of Intellectual Property

All trademarks, service marks and trade names on this webstore, including without limitation, the 40 North logo; and the Murray/ 40 North crest design are proprietary to Forty North LLC of Unit 2309, One City Place, White Plains, New York, USA. No use of these may be made without the prior, written authorization of Forty North LLC (40 North).

The products, logos, designs, advertisements ands images described and/or displayed on this webstore may be the subject of other intellectual property rights reserved by 40 North or other third parties. No license is granted with respect to these intellectual property rights.

All clothing designs that appear on this webstore are proprietary to 40 North LLC. No copying or distributions may be made without prior written authorization and/or license. No license is granted or is to be implied with respect to these intellectual property rights by the display of the said designs on this webstore.

RETURN & EXCHANGE POLICY

Return any item purchased on this webstore or 40-North.com within the past 60 days, by sending it back using the return form we included in your shipment. Ship to: 40 North LLC, Unit 1146, 150 Southfield Avenue, Stamford, CT 06902

Once we receive your return, we'll credit the card used to make the purchase on this webstore or 40-North.com, less a $5.95 return charge. Your credit card will show the credit in one to two billing cycles. The credit will only be made to the credit card used for the order.

DEFECTIVE ITEMS

STEP 1
Complete the Return Form and mail the defective product back to us. Items cannot be older 12 months from the initial order. Items must have all labels intact.

STEP 2
If 40 North deems the product to be defective, we will send you a replacement within four weeks.

Note: Due to the seasonal nature of our products, we may not be able to replace your item with the same item you are submitting to us. By submitting your item for quality review, you agree to accept our replacement item which will be of comparable value if we determine your item is defective. All replacements are final, non-negotiable and non-exchangeable.

Delivery to the US and US Territories

Allow approximately 5-7 business days for Standard Delivery (for in-stock items).

Shipping and Handling is based on total merchandise dollar amount before taxes.

Total Amount............Standard.......Next Day...........Saturday

$25.00 and under.....$6.00............$16.00................$26.00

$25.01 - $50.00........$8.00............$18.00................$28.00

$50.01 - $75.00........$10.00..........$20.00................$30.00

$75.01 - $100.00......$12.00..........$22.00................$32.00

$100.01 - $150.00....$14.00..........$24.00................$34.00

$150.01 - $200.00....$15.00..........$25.00................$35.00

$200.01 - $250.00....$17.00..........$27.00................$37.00

$250.01 - $300.00....$18.00..........$28.00................$38.00

$300.01 - $500.00....$20.00..........$30.00................$40.00

$500.01 - $1000.00..$22.00..........$32.00................$42.00

$1000.01 +..............$24.00..........$34.00................$44.00

Next Business Day Air:

Orders must be placed before 12 noon EST Monday-Friday.

Saturday Delivery:

Orders must be placed before Friday 12 noon EST.

Next Day and Saturday Delivery are not available for PO Boxes, APO/FPO addresses or outside the Continental US.

Orders shipped to PO Boxes in Alaska, Hawaii, US Territories and APO/FPO addresses, please allow 2-3 week delivery. For faster delivery, provide a residential or commercial address instead of a PO Box.

For customer protection, all orders are subject for review. On occasion, this may cause a slight delay in processing your order. Your patience is greatly appreciated.


Delivery to Canada

Allow approximately 5-7 business days for Standard Delivery (for in-stock items).

Shipping & Handling is based on total merchandise dollar amount before taxes.

Total Amount...............................Standard Delivery

$25.00 and under............................$11.00

$25.01 - $50.00...............................$13.00

$50.01 - $75.00...............................$15.00

$75.01 - $100.00.............................$17.00

$100.01 - $150.00...........................$19.00

$150.01 - $200.00...........................$20.00

$200.01 - $250.00...........................$22.00

$250.01 - $300.00...........................$23.00

$300.01 - $500.00...........................$27.00

$500.01 - $10000............................$29.00

$1000.01+......................................$33.00

Delivery outside of the US and Canada

Allow approximately 5-7 business days for Standard Delivery (for in-stock items).

S&H is based on total merchandise dollar amount before taxes.

Total Amount.............................Standard Delivery

$50.00 and under...........................$40.00

$50.01 - $100.00............................$45.00

$100.01 - $150.00..........................$50.00

$150.01 - $200.00..........................$55.00

$200.01 - $300.00..........................$60.00

$300.01 - $500.00..........................$75.00

$500.01 - $700.00..........................$90.00

$700.01 - $1000.00.........................$100.00

$1000.01 +.....................................$120.00


Important: Shipments made outside of the US and Canada may be subject to import duties and taxes, which are levied once your package reaches the country of destination and are the responsibility of the recipient.

For customer protection, all orders are subject for review. On occasion, this may cause a slight delay in processing your order. Your patience is greatly appreciated.
Last Updated: 3 Oct 2007 16:13:11 PDT home  |  about  |  terms  |  contact
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