Takbo - Houston Texas, USA
281-639-6131
sales@takbo-usa.com

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TERMS AND CONDITIONS
 

NOTE: The terms and conditions listed below are for consumer (or “individual”) customers only.

All sales made by TAKBO/JPCL Management ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated by Takbo/JPCL Management in writing.

PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. TAKBO/JPCL MANAGEMENT RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION.

Sale is Contingent on Customer’s Acceptance of Terms and Conditions.
Seller shall not accept Customer’s purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale supersede the terms and conditions of Customer's purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.

PAYMENT TERMS
Before production starts and after approval of design, down payment of 50% shall be paid. The remaining balance of 50% shall be paid before shipment. Jerseys will not be shipped to Customer without payment of remaining balance.

Seller accepts
1. Visa, Mastercard or Discover. Credit card orders in excess of $2,000 will be charged before shipment.
2. Check or Money Order (Payable to Takbo/JPCL Management)
3. COD Payments – Will pick only Cashier’s Check or Money Order (Payable to Takbo/JPCL Management). No Personal Check or Business Check will be accepted.

SHIPPING
Customer is responsible for all shipping and freight charges, FOB Seller’s shop. Customs' brokerage for international orders is Customer’s sole responsibility. Orders received prior to 4:00 PM (Eastern Standard Time) will be shipped same day, subject to availability. Orders are normally shipped by Federal Express. Seller will not be responsible for shipping delays caused by a carrier. Shipping charges may be billed separately on credit card orders unless stated otherwise in writing by Seller. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.

DEFAULT
It is understood that should Customer become delinquent in payment, Seller will charge Customer interest on all overdue amounts at the rate of 1½% per month (18% per annum), or the maximum amount allowed by law, whichever is less. Customer will also be responsible for and shall reimburse Seller for any collection agency fees up to 30% of the balance owed, reasonable attorneys’ fees, and all other reasonable costs and expenses which may be incurred by Seller in the enforcement of these Terms and Conditions of Sale and/or the Customer Order. Customer acknowledges that these charges, fees, and expenses are reasonable under the circumstances as an estimate of the damages Seller is likely to suffer if Customer defaults in its payment obligations.

NOTICE OF DEFFECTS
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED, LAUNDERED OR MODIFIED IN ANY MANNER. All damaged or incorrect items will need to be sent back to Takbo/JPCL Management for a credit.

RETURNS AND CANCELLATIONS
All returned merchandise must be accompanied by a completed Return/Exchange Form. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller’s error. Takbo/JPCL Management is not responsible for lost shipments on items being returned. Takbo/JPCL Management will cover the freight costs for shipping exchanged items to the Customer. All sales are final on “sale” items; returns are not accepted on sale items under any circumstances. Returns will not be accepted on merchandise that has been altered, laundered or modified in any way. All damaged or incorrect items will need to be sent back to Takbo/JPCL Management for a credit. Takbo/JPCL Management will send a prepaid shipping label to Customer for the damaged or incorrect item to be sent back to Takbo/JPCL Management. All refused jersey orders are subject to 20% handling charges.

CUSTOMER ACCEPTANCE OF DEFECTIVE MERCHANDISE
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects.

LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.

JURISDICTION/GOVERNING LAW
Seller is headquartered in the State of Texas, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Texas (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.

Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Texas and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Texas in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.

FORCE MAJEURE
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.

USE OF MATERIALS LOCATED ON THIS SITE:
COPYRIGHTS, TRADEMARKS AND RESTRICTIONS

All trademarks, service marks, and trade names are proprietary to Takbo/JPCL Management or the other designated owner of a posted mark. Elements of this catalog are protected may not be copied or imitated in whole or in part.

Miscellaneous
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.

Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions of Sale.
Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to sales@takbo-usa.com or by standard mail to Seller at the following address:

Takbo/JPCL Management
ATTN: Customer Service
PO Box 18873
Sugarland, TX