These terms and conditions ("Agreement") apply to your purchase of products sold in the
United Kingdom ("Product") by PARTNER_NAME or Firefox Community Solutions ("Firefox") or FJ Owners Club via the FJ Owners Club web store.
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 PARTNER_NAME or Firefox or FJ Owners Club 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:
The terms of payment for products ordered through this web store are within PARTNER_NAME or Firefox's or FJ Owners Club's
sole discretion and, unless otherwise agreed to by PARTNER_NAME or Firefox or FJ Owners Club, payment must be received by
PARTNER_NAME or Firefox or FJ Owners Club prior to PARTNER_NAME or Firefox's or FJ Owners Club's acceptance of an order. Payment for
products ordered must be made by credit card, debit card or by eCheck or by PayPal account. Your order is subject
to cancellation by PARTNER_NAME or Firefox or FJ Owners Club at PARTNER_NAME or Firefox's or FJ Owners Club's sole discretion.
Neither PARTNER_NAME or Firefox nor FJ Owners Club is responsible for pricing, typographical or other errors in any offer by
PARTNER_NAME or Firefox or FJ Owners Club and PARTNER_NAME or Firefox and FJ Owners Club reserves the right to cancel any orders resulting from such errors.
Shipping, Handling, Shipping Charges, Taxes, Title and Risk of Loss:
Shipping and handling are additional charges unless otherwise expressly indicated at the time of sale. Title to products
passes from PARTNER_NAME or Firefox, its suppliers or FJ Owners Club to you on shipment from PARTNER_NAME or Firefox's or FJ Owners Club's facility or
directly from PARTNER_NAME or Firefox's or FJ Owners Club's suppliers (drop shipment). Neither PARTNER_NAME or Firefox nor FJ Owners Club nor its suppliers will be liable for any delay in the delivery of goods or any damages incurred or suffered during
shipping. All claims for damaged goods or goods lost in transit must to be made with the carrier for your shipment.
For Products shipped to the United Kingdom and Europe unless you provide Firefox or FJ Owners Club 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 Kingdom and Europe you are responsible for import, sales and
other taxes and/or duties associated with the order. Shipping dates are estimates only.
Neither PARTNER_NAME or Firefox nor FJ Owners Club can accept any responsibility for mistakes or errors on orders placed. 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.
UK Distance Selling Regulations
Under the UK Distance Selling Regulations the cooling off period and right to cancel do not apply to contracts for
goods made to the customer’s specification. All goods sold through the web stores operated by Firefox are made
to order including screen printed and embroidered products (decorated products). The UK Distance Selling
regulations cooling off period does not apply to any decorated product bought through any Firefox web store.
This does not affect your statutory rights under the UK Sale of Goods Act.
Limitation of Liability:
FJ OWNERS CLUB ACCEPTS NO 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,
FJ OWNERS CLUB WILL NOT 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, FJ OWNERS CLUB IS NOT 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 PARTNER_NAME or Firefox or FJ Owners Club 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, labour disputes including PARTNER_NAME or Firefox or FJ Owners Club labour 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 control of PARTNER_NAME or Firefox or FJ Owners Club, (circumstances of Force Majeure), then PARTNER_NAME or Firefox or FJ Owners Club 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
United Kingdom. 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
FJ OWNERS CLUB arising from or relating to this agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from this agreement, FJ Owners Club's
advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE
UNITED KINGDOM. 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 PARTNER_NAME or Firefox or FJ Owners Club. 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
FJ Owners Club 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 FJ OWNERS CLUB,
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), FJ Owners Club's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION. The arbitration will be limited solely to the dispute or controversy between customer and FJ Owners Club.
NEITHER CUSTOMER NOR FJ OWNERS CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST
OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION.
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. FJ Owners Club 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 where 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.
