TERMS OF SALE – OVERVIEW

Welcome to the www.morristhomas.com website (the “Site”). Morris Thomas values its relationship with its customers, so these Terms of Sale are provided to ensure clarity in the relationship and ease of making transactions. The following, along with the Terms of Use, are terms of a legal agreement between you and Morris Thomas™. By making a purchase on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use or make a purchase on the Site.

All transactions will be governed under the general commercial laws of the State of Minnesota as supplemented or modified by this Agreement, without regard to conflict of law principles. Morris Thomas will accept your order only if (1) you accept the terms of these Terms of Sale (“TOS”), (2) the Product is available, and (3) you provide a valid and verifiable ship-to address. Morris Thomas reserves the right to cancel your order in its sole discretion, for any reason.

Confirmation of receipt of your order does not constitute acceptance of your order; your order is accepted only when you receive confirmation that the order has been shipped. The TOS, including associated warranty statements or attachments, are the complete agreement between you and Morris Thomas regarding your purchase of products and replaces any prior oral or written communications between you and Morris Thomas. Any additional or different terms in any order or written communications from you are void. If there is a commercial agreement in effect between you and Morris Thomas, then the terms of the commercial agreement govern this transaction.

PRICES

The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices include shipping and handling but do not include sales taxes, if applicable, which will be added to your total invoice price. If you are located outside the United States, please be sure that you are aware of the price in your local currency, and that your credit card company may charge a currency conversion fee, for which Morris Thomas is not responsible.

If a product is quoted at an incorrect price due to typographical error or error in pricing information: 1) Morris Thomas has the right to refuse or cancel any orders placed for the product quoted at the incorrect price, even if Morris Thomas has confirmed the receipt of your order and charged your credit or debit card: and 2) if Morris Thomas has charged your credit or debit card but subsequently canceled your order, Morris Thomas will promptly issue a credit to your credit or debit card account for the amount charged. You are responsible for taxes, if any, for each product from the date Morris Thomas ships it to you. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.

PAYMENTS

Morris Thomas uses a third-party shopping cart provider, FoxyCart. You can find out more about FoxyCart at www.foxycart.com. Morris Thomas uses a third-party payment gateway, NMI. You can find out more about NMI at https://www.nmi.com/index.php. When you order something from the Site, you will be asked to provide personal information including but not limited to your name, physical address, telephone number, and credit or debit card information. This information will be used to process your order and payment, and for related purposes. For additional information, please read FoxyCart’s Privacy Policy (http://www.foxycart.com/privacy-policy.html) and NMI’s Privacy Policy (https://www.nmi.com/company/privacy.php).

Morris Thomas accepts credit and debit card payments only through the Site (unfortunately American Express is not accepted at this time). If you wish to order using a check [or money order], please contact Morris Thomas directly at 1-800-640-8725. Payments must be received prior to shipping any products.

SHIPPING

Because the trademark Morris Thomas precious metal buttons are individually cast for each shirt order, please allow up to four weeks for delivery.

FedEx Ground delivery is included free of charge with your order.  Your order should arrive in approximately 5 – 7 business days after shipping. When Morris Thomas sends confirmation that your order has shipped, tracking information will be included for your convenience. If desired, further FedEx shipping options are available at checkout for an additional fee. Expedited shirt creation is available, depending upon current inventory, for an additional charge.  Please contact 1-800-640-8725 for further details.

Please be aware that you are responsible for ensuring that your order is in compliance with all local laws.

RETURNS AND EXCHANGES

Returns are gladly accepted for exchange or refund within 14 days from the date of delivery (as determined from the tracking information provided by FedEx). To return or exchange a product, please contact m@morristhomas.com and include the following information:

1)      your order number;

2)      a description of the product which you wish to return or exchange;

3)      whether you wish to return or exchange the product;

4)      in the case of an exchange, what product you would like as a replacement; and

5)      your reason for seeking a refund or exchange.

Morris Thomas will send an email with a paid, printable FedEx label for your convenience. If you are returning a product, it must be in the same condition in which you received it when it is returned. Refunds will be issued only when Morris Thomas receives the returned product. If you are exchanging the product, please allow three (3) weeks to receive your replacement product, unless you are exchanging for a shirt with a button made of a different metal, in which case please allow four (4) weeks to receive your replacement product. You may only exchange a product one time. If your replacement product is not acceptable, you may return it for a refund.

All sales are final 14 days after delivery unless returned or exchanged as described above.

LIMITED WARRANTY AND LIMITATION OF LIABILITY

Morris Thomas warrants that its products shall be free from defects in material and workmanship, under normal use and service, upon receipt. Morris Thomas will, as described above, refund the purchase price or exchange the product, which arrives with defects in material and workmanship.  No charge will be made for shipping or other costs with respect to defects covered by this warranty.

To obtain protection under this warranty, you must follow the procedures described above under “Returns and Exhanges.”

Specifically excluded from this warranty are any claims arising as a result of improper application, use, neglect, abuse, or other mistreatment of the products.

Morris Thomas, its affiliates, suppliers and subcontractors will not be liable under any circumstances for any consequential, incidental, special, punitive, exemplary or other damages (including, but not limited to, damages resulting from commercial or economic loss) or costs and expenses (including, but not limited to, attorneys’ fees and litigation costs), incurred as a result of any claim whether based on breach of warranty or otherwise.

In no event shall Morris Thomas’ liability exceed the cost of replacing the product which give rise to any claim or refunding the purchase price of the product which give rise to any claim.

THE WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

No attempt to alter, amend or extend this warranty and limitation of liability shall be effective unless in writing and signed by an executive officer of Morris Thomas.

Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

DISPUTES

You agree that these Terms of Sale and your purchase of products from Morris Thomas are governed by the laws of the State of Minnesota, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Minneapolis, Minnesota, in all disputes arising out of, relating to, or concerning Morris Thomas products and/or these Terms of Sale. If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

 

Last revised: October 12, 2011.