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Terms of Sales and Uses

These Terms of Sale and Use and the included Privacy Policy govern your purchase of products on WWW.TORCHSTAR.US and the use of this web site. By ordering from WWW.TORCHSTAR.US, or using this web site, you acknowledge that you have read, accepted and agreed to be bound by these terms without limitation. These terms are subject to modification by WWW.TORCHSTAR.US without written notice.

1. Web Site and Content Ownership

All of the content presented or displayed on this website, including, but not restricted to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by WWW.TORCHSTAR.US, its licensors and its content providers. All products are copyrighted or trademarked by their respective manufacturers. Every aspect of this site and its Content is protected by trade dress, copyright, moral rights, trademark and other laws pertaining to intellectual property rights. No piece or aspect of this website or its Content may be duplicated or retransmitted via any means, and this website, its Content and all related rights shall remain the exclusive property of WWW.TORCHSTAR.US or its licensors or content providers unless otherwise explicitly agreed upon. You shall indemnify TORCHSTAR.US, its licensors and content providers against any losses, expenses, costs or damages incurred by any of them resulting from your breach of these Terms of Sale and Use, including your unauthorized use of the Content and related rights.

“WWW.TORCHSTAR.US” and its logo are trademarks of TORCHSTAR CORP.

2. Pictures and Technical Details

Manufacturers may make changes to the appearance or performance of their products. We attempt to provide accurate pictures and technical details of products, but are not responsible for minor variations in appearance or performance. In some cases, we knowingly supply pictures of several colors of a product that may not include a color offered for sale because we do not have a picture of that color. The color and contrast of pictures varies by monitor and by printer.

3. Prices

Prices shown do not include shipping or sales tax. We strive never to make errors of any kind, especially pricing. If we make an error in pricing, we will notify you of the correct price as soon as we can. We make no representations or warranties as to the Content’s accuracy, correctness or reliability.

4. Availability and submission of order

WWW.TORCHSTAR.US offers only products it believes are available. If we discover we are unable to fulfill your order for any reason, we will notify you as soon as we can. You will not be charged for the items not shipped.To avoid error and/or duplication TorchStar requires all orders in writing. Telephone or verbal orders are not accepted and not binding. Purchase orders should be emailed to our office.

5. Claims

All merchandise is packed to comply with Freight Carriers requirements. All packaging has been tested to freight and industry standards. TorchStar is not responsible for damage to goods which occurs in transit.

6. Warranties

ALL PRODUCTS ARE SOLD "AS IS," AND WWW.TORCHSTAR.US DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. Many of the products sold by WWW.TORCHSTAR.US are covered by manufacturers’ warranties under which you may find the sole remedy of replacing the item if it fails to be free of defects in workmanship and materials. Contact TorchStar (800-990-7688) for instructions on such procedure.

7. Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WWW.TORCHSTAR.US SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE AND USE, THIS SITE, THE CATALOG, PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WWW.TORCHSTAR.US EXCEED THE AMOUNT YOU HAVE PAID US FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. The exclusion or restriction of implied warranties or liability for certain damages is not allowed in some jurisdictions, in which case some of the restrictions above may not apply to you.

8. Severability

If any provision of these Terms of Sale and Use are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbiter, such provision shall be deemed severed from these Terms of Sale and Use and the validity of the remainder of these Terms of Sale and Use shall not be affected thereby.

9. Governing Law and Venue

These Terms of Sale and Use shall be governed by and construed in accordance with the laws of California applicable to contracts made and to be enforced wholly within California, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Circuit Courts of the State of California in Los Angeles County or the Federal District Court nearest Los Angeles (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, WWW.TORCHSTAR.US shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of TORCHSTAR.US, such action is necessary or desirable.

10. Waivers and Amendments

The waiver by either Party of any provision of these Terms of Sale and Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale and Use on any other occasion or upon any other circumstances.

11. Sales Tax

If your shipping address is in the U.S. but not California, we do not withhold sales tax. If your shipping address is in California, we are required to withhold sales tax unless you will resell the product AND have a valid Seller’s permit. In that case, please print out, complete sign, and return to us our Resale Certificate. We cannot process your order until you do this. You only need to do this the first time you buy from us, and periodically thereafter if we request it.

If your shipping address is outside the U.S., you are responsible for paying any duties due.