The purchase of products (“Goods”) from PHI Holdings, LLC D/B/A Pork & Mindy’s (collectively, “P&M”) is governed by these terms and conditions (collectively, “Terms”). All terms and conditions on any document which are contrary to or inconsistent with these Terms are expressly rejected by P&M and waived by the person who placed the corresponding order on-line via P&M’s web site (“Buyer”).
1. AVAILABILITY: P&M’s inventory will be F.O.B. shipping point, and title and risk of loss with respect to such deliveries will pass to Buyer at the shipping point. Buyer must notify P&M or the carrier within 10 business days of Buyer’s placement of order in the event the Goods were lost or damaged during transit.
2. FORCE MAJEURE: P&M will not be liable for delays, impairments of performance or non‑performance resulting in whole or in part from acts of God, severe weather conditions, strikes, lockouts and other labor disruptions, fires, terrorism, war conditions, accidents, foreign or domestic governmental decrees, controls or other actions, embargoes, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials or any other circumstances or causes beyond P&M’s control in the conduct of its business.
3. GOVERNING LAW AND DISPUTE RESOLUTION: These Terms will be construed according to the laws of the State of Illinois without regard to its conflicts of laws provisions. All actions or proceedings in any way, manner or respect arising out of or related to the Goods will be litigated only in state or federal courts, as appropriate, located in Chicago, Illinois. Buyer consents and submits to jurisdiction in the State of Illinois and waives any right to transfer the venue of any such action or proceeding.
4. LIMITATION OF LIABILITY: Under no circumstances will P&M be liable to Buyer or any other party for costs, damages, claims or other liabilities in excess of the price paid for the Goods.
5. PAYMENT TERMS: For all on-line and other orders, payment in full is due upon P&M’s acceptance of an order unless other terms have been agreed to and documented by P&M. Buyer is responsible for the payment of all taxes due on the purchase and sale of the Goods. In addition to any other amounts due hereunder, Buyer shall reimburse P&M for all costs and expenses incurred by P&M (including attorneys’ fees and costs) in collecting any amounts due to P&M.
6. PRICES: Prices of the Goods are subject to change without notice. The Goods will be invoiced or charged at current prices in effect on the date ordered unless other terms have been agreed to and documented by P&M.
7. RETURNS: Buyer may return or exchange unused clothing items and artwork/posters within 30 days of purchase with receipt. Clothing tags must be intact and still attached to the closing items. Artwork/posters must be in new, undamaged condition and in their original containers. Gift cards and gift certificates cannot be returned. If Buyer is dissatisfied with a purchase of perishable Goods (sauces, etc.), or if any Goods are damaged prior to delivery to Buyer, P&M will endeavor to remedy the situation to Buyer’s reasonable satisfaction. To request a return, exchange or other action, Buyer may send a request by email to email@example.com and include Buyer’s name, address, email address, phone number, order number and (if available) item number, description and quantity, as well as the details and reasons for the request. P&M will provide a response and/or instructions for processing the request. P&M cannot accept responsibility for returned or exchanged Goods lost or damaged in transit. THIS RETURNS POLICY IS PROVIDED EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, STATUTORY OR OTHERWISE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPLICITLY DISCLAIMED.
8. WAIVER: P&M’s failure at any time to require performance by Buyer of any provision of these Terms will in no way affect P&M’s right to require such performance at any time thereafter, nor will P&M’s waiver of Buyer’s breach of any provision of these Terms constitute a waiver of any succeeding breach of the same or any other provision. Any waiver of any of the terms of these Terms must be in writing signed by P&M.