Terms of Sale
This Terms of Sale Agreement (the "Agreement") applies to your purchase of goods at fruit.com (the "Site"), an e-commerce site of Fruit of the Loom, Inc. (the "Company"). The terms "our", "us" and "we" refer to the Company. The terms "you" and "your" refer to the user of this Site. The Company utilizes the services of Fruit Direct, Inc. and Amazon.com to sell and fulfill e-commerce orders. By ordering any product via the Site you acknowledge your acceptance of this Agreement. Changes to this Agreement will be effective when posted to the Site.
Sales Tax associated with your order will calculated as part of the check out process and will be listed on your electronic order confirmation.
We attempt to describe the items offered on the Site as accurately as possible. However, descriptions or other content on the Site may not always be accurate, complete, reliable, current or error-free. Please contact us if you have any questions, and carefully inspect items when you receive them.
Display / Monitor Resolution
We have made every effort to display the items featured on this Site as accurately as possible. The Site cannot be responsible for the limitations of your monitor's display of any color or detail. For optimal viewing, we recommend setting your monitor to 1024x768 or higher.
The Company does not accept cash, checks, drafts, money orders or cashier's checks for orders submitted through the Site. We accept the following major credit cards: American Express, Discover Card, Master Card and VISA.
You will bear all costs associated with a disputed credit card charge which results in action from our merchant account provider, otherwise known as "chargebacks".
Prices offered on the Site are quoted in U.S. Dollars. Such prices do not include shipping and handling, expedited service, or sales taxes; if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order.
If the amount you pay for an item is obviously incorrect, regardless of whether it is the result of an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to refund the amount of any overcharge, or, in the event of an undercharge, cancel your order and refund to you the amount that you paid or reach a mutually acceptable arrangement for an exchange. This policy will apply regardless of how the error occurred.
Fair Credit Billing Act
Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges on your credit card. Check with your bank for more information about its policies regarding fraudulent charges. In the event of fraudulent or unauthorized use of your credit card, you may have to notify your bank or credit card provider or otherwise fulfill certain conditions of your agreement with them.
Your purchase from fruit.com will appear on your credit card statement as "ASI www.Fruit.Com".
Disclaimer of Warranties
THE COMPANY, AS OPERATOR OF THIS SITE, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MANUFACTURER'S WARRANTIES MAY APPLY. THE COMPANY DISCLAIMS ALL YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE SITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR FOLLOWING: ALL ASSEMBLY INSTRUCTIONS, USE INSTRUCTIONS, SAFETY RULES AND LAWS WHILE USING PURCHASED PRODUCTS, WHETHER WHILE HUNTING, USING FIREARMS OR OTHERWISE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE WHEN ANY EXPRESS WARRANTY EXPIRES.
Waiver and Limitation of Liability
YOU HEREBY ACKNOWLEDGE THAT THE COMPANY HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING THAT IT WILL NOT BE RESPONSIBLE, NOR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THE PURCHASE OR USE OF ANY PRODUCT, EXCEPT CONSEQUENTIAL DAMAGES RELATED TO ANY PERSONAL INJURY INVOLVING PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301. FOLLOW ALL INSTRUCTIONS AND HEED ALL WARNINGS ACCOMPANYING ANY PRODUCTS ASSOCIATED WITH THE SITE. SOME PRODUCTS, INCLUDING THOSE WITH SMALL PIECES, MAY NOT BE SUITABLE FOR CHILDREN AND SHOULD BE KEPT OUT OF THE REACH OF CHILDREN.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST THE COMPANY IN ANY CASE OR CLAIM ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS THE COMPANY AND ALL OF ITS PARENTS AND AFFILIATED COMPANIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE, OTHER THAN YOUR ACTUAL DAMAGES AND THE REFUND OF YOUR PURCHASE PRICE FOR SUCH ITEMS.
Governing Law and Venue
The Company operates and controls this Site from its headquarters in Bowling Green, Kentucky in the United States of America. As such, the information contained on this Site shall be deemed provided in the Commonwealth of Kentucky and subject to Kentucky law, law, without regard to its conflicts of law provisions and principles, and, where applicable, U.S. federal law. We reserve the right to revise these terms and conditions from time to time. Any dispute relating in any way to your use of the Site or Site information shall be exclusively submitted to state or federal courts situated in Warren County, Kentucky for resolution. Site users consent to the exclusive jurisdiction of such courts over such matters. If any provision of the foregoing is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.