OmniPeace Web Store

Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY! THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE.

These terms and conditions ("Agreement") apply to your purchase of products ("Product") sold in the United States by Charlton Commerce or by OmniPeace via the OmniPeace web store named on the invoice or acknowledgement provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement you must notify Charlton Commerce or OmniPeace immediately and return your purchase pursuant to the Return Policy. If returned, Product(s) must remain in the boxes or packaging in which they were shipped.

Payment Terms and Orders:

Terms of payment are within Charlton Commerce's or OmniPeace's sole discretion and, unless otherwise agreed to by Charlton Commerce or OmniPeace, payment must be received by Charlton Commerce or OmniPeace prior to Charlton Commerce's or OmniPeace acceptance of an order. Payment for the products will be made by credit card or by eCheck or by PayPal account. Your order is subject to cancellation by Charlton Commerce or OmniPeace at Charlton Commerce's or OmniPeace's sole discretion. Neither Charlton Commerce nor OmniPeace is responsible for pricing, typographical or other errors in any offer by Charlton Commerce or OmniPeace and the right to cancel any orders resulting from such errors is reserved.

Shipping, Shipping Charges, Taxes, Title and Risk of Loss:

Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Charlton Commerce or OmniPeace to Customer on shipment from Charlton Commerce's or OmniPeace's facility or directly from Charlton Commerce's or OmniPeace's suppliers (drop shipment).  Neither Charlton Commerce nor OmniPeace nor its suppliers will be liable for any delay in the delivery of goods or damages incurred during shipping.  All claims for damaged goods must to be made with the carrier for your shipment. You must notify Charlton Commerce or OmniPeace within 72 hours of receipt of Product if you believe any part of your purchase is missing or wrong. Returns will only be accepted by Charlton Commerce or OmniPeace if Charlton Commerce or OmniPeace has previously issued a Return Authorization Number (RAN). For Products shipped to the USA unless you provide OmniPeace with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes and/or duties associated with the order.  For Product shipped to countries other than the United States you are responsible for import, sales and other taxes and/or duties associated with the order. Shipping dates are estimates only.

Claims and Returns

Absolutely no returns will be accepted or credit issued without prior authorization and a copy of the original invoice enclosed in the return or Return Authorization Number (RAN) provided by Customer Service clearly marked on the returned package.  All claims must be made within 72 hours of receipt of the Product.  No returns will be accepted on custom and decorated Product (including screen printed and embroidered Product) or washed merchandise.  Charlton Commerce and OmniPeace cannot accept responsibility for mistakes or errors on orders placed through web stores operated by Charlton Commerce.  You must check and inspect all orders for accuracy prior to confirming them through the web stores and completing the order process.  The order process is complete once you receive a combined order acknowledgement and invoice by email.

Limitation of Liability:

NEITHER CHARLTON COMMERCE NOR OMNIPEACE ACCEPTS LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER CHARLTON COMMERCE NOR OMNIPEACE WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, NEITHER CHARLTON COMMERCE NOR OMNIPEACE IS LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Force Majeure:

If Charlton Commerce or OmniPeace is hindered or prevented (whether temporarily or permanently) from procuring supplies to enable it to supply products or if such supply is prevented or hindered by reason, without limitation, of Act of God, war, Act of Federal, State or Country Government, or orders, regulations or bye laws made under statutory authority, labor disputes including Charlton Commerce or OmniPeace labor force, interruption of power supply, failure of sources of supply, interference by a third party, civil commotion, fire, flood or other natural disaster, or any causes of whatever kind and whenever occurring being a cause beyond the Charlton Commerce or OmniPeace control, (circumstances of Force Majeure), then Charlton Commerce or OmniPeace may cancel performance of the contract for as long as and to the extent that the prevention or hindrance may last and such cancellation shall not give rise to any claims by the Customer, and the Customer shall remain liable to pay for the product or products ordered prior to the date of such cancellation.

Applicable Law and Governing Law:

You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own use only and not for resale. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND CHARLTON COMMERCE AND OMNIPEACE arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Charlton Commerce's or OmniPeace's advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF STATE OF NEVADA. WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

Other Documents:

This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Charlton Commerce or OmniPeace. If you do not receive an invoice or acknowledgement via e-mail, information about your purchase may be obtained by logging into your account on the OmniPeace web store.

Binding Arbitration:

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND CHARLTON COMMERCE AND OMNIPEACE, their agents, employees, principals, successors, assigns, affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Charlton Commerce's or OmniPeace's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATIONADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect. The arbitration will be limited solely to the dispute or controversy between customer and Charlton Commerce or OmniPeace. NEITHER CUSTOMER NOR CHARLTON COMMERCE NOR OMNIPEACE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Charlton Commerce will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and lawyers' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party lawyers' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards provided by law.

Headings:

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions of sale and no construction or inference shall be derived there from.