SCOPE OF CONTRACT

• These general terms and conditions of sale (to the consumer) (hereinafter the “Terms”) shall apply to all sales of products (“Crow Cream Cruiser Products”) from Crow Cream Cruiser LLC, a New Jersey corporation (hereinafter “Crow Cream Cruiser”), to customer (as named in customer’s purchase order) (hereinafter the “Customer”), which are concluded via Crow Cream Cruiser’s website at crowcreamcruiser.com (the “Website”).
• These Terms, along with Customer’s order for purchase (hereinafter the “Purchase Order”) of Crow Cream Cruiser Products submitted by Customer to Crow Cream Cruiser and accepted by Crow Cream Cruiser and the Return Policy referenced at Article 5, shall constitute the entire contract (hereinafter the “Contract”) between Customer and Crow Cream Cruiser (including its affiliated companies) for the purchase of all Crow Cream Cruiser Products specified in the Purchase Order.
• If the Customer does not accept these Terms, the Customer cannot purchase any Crow Cream Cruiser Products on the Website. Furthermore, a Contract can only be concluded via the Website. Crow Cream Cruiser will not process orders made in e-mails, letters or faxes.
• A Purchase Order is created and accepted by the Customer once the Customer has selected the Crow Cream Cruiser Products which the Customer would like to purchase and completes the checkout process. By placing a Purchase Order with Crow Cream Cruiser, the Customer represents and warrants that the Customer is legally capable of signing binding agreements.
• The price listed on the final Purchase Order, irrespective of previously listed prices and/or prices listed on other publications, offers etc., is the final purchase price and by confirming the Purchase Order, the Customer expressly agrees to pay this price.
• When the Customer completes the Purchase Order via the Website, the Purchase Order constitutes an offer to purchase Crow Cream Cruiser Products from Crow Cream Cruiser. Furthermore, an order for more than one item of Crow Cream Cruiser Products constitutes a series of offers for each item individually.
• All Purchase Orders are subject to approval and acceptance by Crow Cream Cruiser. Crow Cream Cruiser will confirm the terms of the Purchase Order with a confirmation notice upon Customer’s completion of their order.
• Crow Cream Cruiser and Customer expressly agree that Crow Cream Cruiser may modify these Terms from time to time (for example to reflect changes in technology, Crow Cream Cruiser’s business model, system capacity or in applicable laws and regulations), and such modifications shall be binding upon Customer upon Crow Cream Cruiser’s publication of modified Terms on the Website.
• The acceptance of a Purchase Order and/or shipment of any Crow Cream Cruiser Products to Customer does not create any rights for Customer other than as expressly set forth in the Contract formed by the acceptance of the Purchase Order, and does not obligate Crow Cream Cruiser to accept, or Customer to place, Purchase Orders in the future. Nothing contained in the Contract formed shall imply any partnership, joint venture or agency relationship between Crow Cream Cruiser and Customer in any territory or jurisdiction.
• Crow Cream Cruiser may, in its discretion, accept Customer’s request for amendments or additions to the Contract formed by Crow Cream Cruiser’s acceptance of a Purchase Order.

1. Delivery

• Delivery method will be chosen by the Customer when completing the Purchase Order, and delivery time and costs will be specified according to the delivery method chosen. Unless otherwise specified and agreed to by Crow Cream Cruiser, delivery costs will be prepaid by the Customer. All shipment will be made from Crow Cream Cruiser’s facilities in the State of New Jersey or from other storage facilities used by Crow Cream Cruiser from time to time.
• The goods will be delivered to the delivery address specified in the Purchase Order. If the Customer purchases multiple Crow Cream Cruiser Products under one Purchase Order, Crow Cream Cruiser reserves the right to make separate deliveries. Separate deliveries may be necessary if certain Crow Cream Cruiser Products are delayed or out of stock at the time of the Purchase Order. The Customer will be informed if the Purchase Order is subject to separate deliveries, and the Customer will not be charged with additional delivery costs for separate deliveries.
• All Crow Cream Cruiser Products purchases by the Customer are deemed to be have been delivered upon Crow Cream Cruiser’s transfer of the Crow Cream Cruiser Products to the carrier. The Customer is responsible for filing any claims with carriers for damaged and/or lost shipments.
• At any time prior to the delivery, Crow Cream Cruiser shall be entitled to postpone the delivery date by up to fourteen (14) calendar days for any reason, and such postponement shall not be considered breach of the Contract or otherwise entitle Customer to any remedies. Crow Cream Cruiser shall notify the Customer of any such postponement within a reasonable time.
• In the event of force majeure, defined below in Article 8, deliveries may be postponed until the force majeure event ceases to affect Crow Cream Cruiser’s business operations and ordinary trading and shipment of goods can resume.

2. TERMS OF PAYMENT

• All payments shall be made upon completion of the Purchase Order by the Customer and prior to acceptance and confirmation by Crow Cream Cruiser.

3. TAXES

• All applicable sales taxes and any other applicable taxes will be applied to the Purchase Order prior to payment by the Customer. Crow Cream Cruiser is not liable, to the extent permitted by law, for any subsequently incurred taxes by the Customer including but not limited to Duties or Use Taxes. All purchases by Customers located within The State of New Jersey will be subject to New Jersey Sales tax, as well as applicable local taxes.

4. CANCELLATION OF CONTRACT

• All applicable sales taxes and any other applicable taxes will be applied to the Purchase Order prior to payment by the Customer. Crow Cream Cruiser is not liable, to the extent permitted by law, for any subsequently incurred taxes by the Customer including but not limited to Duties or Use Taxes. All purchases by Customers located within the State of New Jersey will be subject to New Jersey Sales tax, as well as applicable local taxes.
• In case of circumstances which materially alter the economic aspects or the substance of the Contract or seriously interfere with the operation of Crow Cream Cruiser or any of Crow Cream Cruiser’s suppliers, and also in case it should be subsequently proved impossible for Crow Cream Cruiser to perform its obligations under the Contract, Crow Cream Cruiser shall have the right to cancel the Contract in whole or in part. Customer shall not be entitled to damages as a result of any such whole or partial cancellation, or for any other reason. Customer’s sole remedy shall be the return of any payment made by Customer for Crow Cream Cruiser Products not delivered due to such cancellation.
• In addition, Crow Cream Cruiser reserves the right to cancel the Contract under the following circumstances:

5. RETURNS

• Customer may return any Crow Cream Cruiser Product within 14 calendar days of receiving the Product and receive a refund of the purchase price; provided that:

• Notwithstanding the foregoing, the right to return a Product against a refund does not apply to Products which Crow Cream Cruiser, at the Customer’s request, has ordered/acquired specifically for the Customer from a third party; or to Products that have been manufactured or modified specifically to the Customer per instructions/requirements from the Customer in the Purchase Order.

Note: Of use of our return label, a return fee of 20 USD will be collected from the refunded amount.

6. PRIVACY POLICY

• When you visit the Website, Crow Cream Cruiser collects information for the purpose of improving Customer experience and to support Crow Cream Cruiser marketing. The following terms governs Crow Cream Cruiser’s gathering, processing, and use of, and access to, information via the Website, and how to contact Crow Cream Cruiser, the use of “cookies” and Crow Cream Cruiser’s privacy policy.
• The collection of personal Customer information via the Website will apply with the requirements of the applicable laws of the State of New Jersey, including the State of New Jersey Consumer Privacy Act.
• The Website automatically detects the Customer’s IP address as well as data relating to Customer’s browsing of the different pages on the Website. If Customer logs in or signs up for the Crow Cream Cruiser newsletter, Crow Cream Cruiser registers this, primarily for the purpose of making future Customer visits on the Website a better experience. Crow Cream Cruiser uses various analytical tools, such as Google Analytics, that help us collect statistics about the use of the Website.
• The purpose of collecting information addresses different areas. See below:

• To enter into an agreement with us via the Website, we need the following Customer information:

• Personal data is collected via the Website and stored for five years after which the information is deleted.
• When collecting personal information through the Website, Crow Cream Cruiser strives to ensure that it is always done pursuant to Customer’s explicit consent so that Customer is informed of exactly what information is collected, and why.
• The CEO of Crow Cream Cruiser LLC has access to the information that is registered about Customer.
• Crow Cream Cruiser does not encrypt stored personal data about Customers, or encrypt transmitted Customer information. Information provided via the Website is not disclosed or sold to third parties.
• Customer may at any time request information about what personal Customer data Crow Cream Cruiser has stored, and may require Crow Cream Cruiser to deleted such store data to the extent required by the CCPA. All inquiries in connection with this shall be submitted via email to: support@crowcreamcruiser.com. Please read our Privacy Policy which explains how we use and treat the personal data that Customer provides in connection with the ordering procedure, and Customer’s use of the website in general.

7. THIRD PARTY

• Crow Cream Cruiser may include hyperlinks on the Website to other websites or use resources operated by other parties than Crow Cream Cruiser LLC and its affiliates. Crow Cream Cruiser is not responsible for the content or accuracy of any of these websites and has not reviewed all of the external websites. Furthermore, Crow Cream Cruiser is not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including, without limitation, any advertising, products or other materials or services on such websites or available from the websites, nor for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on the external websites or resources.

8. DISCLAIMER OF WARRANTIES

• Crow Cream Cruiser makes no guaranty or warranty, express or implied, of the Crow Cream Cruiser products sold hereunder or of the merchantability or fitness for a particular purpose of such goods. Except as otherwise expressly provided herein, Crow Cream Cruiser shall have no liability for defects in material or workmanship.
• Crow Cream Cruiser shall not be liable for normal manufacturing or finishing defects or for customary variations from quantities or specifications. The physical or chemical characteristics or qualities are not guaranteed unless and except to the extent specifically provided herein. Crow Cream Cruiser Products are sold subject to the imperfections of natural and other, if any, fibers.

9. FORCE MAJEURE, CASUALTY AND AVAILABILITY OF RAW MATERIALS

• Crow Cream Cruiser shall not be liable for any delay in the delivery of any part of the Crow Cream Cruiser Products hereunder and shall not be held responsible for any losses resulting if the fulfillment of any obligations, terms or provisions of these the Contract shall be delayed or prevented by revolutions or other disorders, wars, acts of enemies, strikes, fires, floods, acts of God, Government regulations, delay or inability to obtain labor, materials or goods through Crow Cream Cruiser’s usual and regular sources, insufficient orders, casualty, accident, economic downturns, or any other condition beyond the reasonable control of Crow Cream Cruiser. In such event, Crow Cream Cruiser may, in its discretion, without prior notice to Customer, at any time and from time to time postpone the delivery dates under this Contract for a time which is reasonable under all the circumstances or make partial delivery or cancel all or any portion of this and any Contracts with Customer, and any such non-performance or cancellation shall not be considered breach of the Contract or otherwise entitle Customer to any remedies.

10. LIMITATIONS OF CROW CREAM CRUISER’S LIABILITY

• The limit of liability of Crow Cream Cruiser for a breach of any of the terms, conditions or provisions of these terms and/or the contract shall be the difference in value on the contract date of delivery between the Crow Cream Cruiser products or performance specified and the Crow Cream Cruiser products or performance actually delivered, but in no event shall such value exceed the return of the purchase price of the applicable Crow Cream Cruiser products. In no instance shall customer be entitled to claim consequential damages or prospective profits or special or indirect damages or lost revenue, profit or goodwill, nor shall Crow Cream Cruiser be liable in any instance for lost profits or special or indirect damages or profits on contemplated use by reason of breach of contract or warranty by Crow Cream Cruiser, defective goods, defective or late delivery, or non-delivery. In no event shall Crow Cream Cruiser be liable for any damages by reason of customer’s inability to obtain substitute goods in the open market.

11. RIGHTS OF CROW CREAM CRUISER

• Crow Cream Cruiser shall not be limited in its rights and remedies against Customer for any cause whatsoever, but shall have such other rights and remedies as may be available to it under the applicable law or in equity. The paragraph headings of these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms.

12. DESIGN PROTECTION

• No rights in and to patterns or designs of Crow Cream Cruiser Products covered by this Contract pass to Customer, except as an integral part of the Crow Cream Cruiser Products purchased, and Customer, as special inducement to Crow Cream Cruiser, agrees not to cause or permit, either directly or indirectly, any such pattern or design to be copied or reproduced.

13. TRADEMARKS AND TRADE NAMES

• No right to the use of any trademark, trade name, trade dress, copyright, image, nor any other intellectual property (“IP”) of Crow Cream Cruiser passes to Customer under this Contract and Customer agrees to refrain from using, either directly or indirectly, any of Crow Cream Cruiser’s IP, unless specifically authorized in writing by Crow Cream Cruiser. Any marketing or advertising by Customer featuring Crow Cream Cruiser Products must be approved by Crow Cream Cruiser in writing prior to distribution of such materials. The acceptance and/or shipment of any order, or the provision of visuals, promotional materials, signage and logos, does not create any intellectual property rights accruing to Customer.

14. CHOICE OF LAW, ARBITRATION AGREEMENT AND JURISDICTION

• By completing the Purchase Order, the Customer agrees that: (i) the Contract and Customer’s relationship with Crow Cream Cruiser otherwise shall be governed by the internal laws of the State of New Jersey, excluding its conflicts of laws rules; (ii) any and all disputes the Customer may have with, or claims they may have against Crow Cream Cruiser or its affiliates relating to, arising out of or connected in any way with (a) the Website, (b) these Terms, (c) the completion, acceptance and finally delivery related to any Purchase Order or Contract, or (d) the determination of the scope or applicability of the agreement to arbitrate in this Article 14 (a “Claim”), will be resolved exclusively by final and binding arbitration. The arbitration shall be kept confidential and the existence of the proceeding and any element of it shall not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
• In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
• Neither the Customer nor Crow Cream Cruiser may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only the Customer’s and/or Crow Cream Cruiser’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration both parties waive any right to a jury trial.
• This article limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in jams rules, and the right to certain remedies and forms of relief. Other rights that the customer or Crow Cream Cruiser would have in court also may not be available in arbitration.
• If any provision of this Article is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Article 14 will continue in full force and effect. This Article 14 of these Terms will survive the termination of any Contract between Crow Cream Cruiser and Customer and Customer’s relationship with Crow Cream Cruiser otherwise.

15. NO WAIVER

• No waiver by Crow Cream Cruiser of any default by Customer shall be deemed a waiver of any subsequent default. Any replacement (as hereinabove provided) or adjustment of a delivery shall cure any defects with respect to that delivery and any default so cured shall be deemed not to have occurred. No modification of the Contract shall become effective unless in writing signed by an authorized representative of Crow Cream Cruiser.

16. ASSIGNMENT

• No rights of Customer under or arising out of this Contract may be assigned without the express written consent of Crow Cream Cruiser.