Adelante Industries LLC
Publishing Division
P.O. Box 710952
Santee, CA 92072, USA

TERMS & CONDITIONS

Placing an order on this website of 'Adelante Industries LLC' herein referred to as 'the Company', by you, herein referred to as 'the Customer', is governed by the explicit statements contained in these terms and conditions, as well as other implicit rules and laws such as credit card company rules, and state and federal laws not stated here.

1. Site Contents

The contents presented on this website is the property of the Company and its use by all customers is provided by the Company as a matter of courtesy, not obligation. The contents may be changed by the Company at any time without any obligation of prior notification to anybody.

The Company makes no warranties concerning the accuracy of any information provided nor if the products advertised will satisfy any Customer's specific of implied needs.


2. Order Placement

The Company applies due diligence to display the availability of all products. However, availability for shipment does not mean that the product can be delivered to the customer within any implied or expected timeframe.

The Customer needs to understand that an order is not a contract. A contractual agreement only exists once the Company has accepted an order that it is confident it can fulfill. It can therefore happen that for several reasons an order may be canceled by the Company without prior notice to the Customer. Such reasons may be, but are not limited to, unacceptable payment information, export restrictions, shipping carriers' inability to deliver to the Customer's address, etc.


3. Contract Date

The contract date for a credit card order is the date when the Company collects payment from the Customer's credit card company. The Company will only collect payment when the goods are ready to ship.

The contract date for a commercial invoice based order is the date when the goods are ready to ship.

The contract date is the relevant date for all payment, refund, pricing, and litigation issues.


4. Order Shipment

The ship date is dependent on a product's availability. The Company cannot be held liable for the non-shipment of an unavailable product.

Product Shipment is the responsibility of the Customer. The Customer pays for all shipping charges. Any loss, or recovery of lost or damaged products during shipping is the responsibility of the Customer, notwithstanding any courtesies extended by the Company.


5. Refusal of Order

The Company retains the right to refuse any order for any reason.

The fraudulent use of a credit card for payment for any product of the company not only leads to a refusal of the order but will also be referred to the relevant authorities.

State or federal regulations may prevent the Company from shipping any product to a restricted destination. Laws of the destination country may prohibit the import of any product of the Company. Under these circumstances the Company will refuse the order.

Delivery of the products depends on the ability of the shipping carrier to reach the destination address. If delivery is not possible with regular means then the Company will refuse the order.


6. WARRANTIES

UNLESS A WARRANTY IS ATTACHED TO A SPECIFIC PRODUCT THE COMPANY DOES NOT PROVIDE ANY IMPLIED WARRANTIES TO ANY OF ITS PRODUCTS AND ANY CLAIMS CONCERNING MERCHANTABILITY OR FITNESS FOR ANY PURPOSE ARE HEREBY DENIED. NO STATEMENT OF THE WEBSITE, ANY WRITTEN MATERIAL ISSUED BY THE COMPANY OR STATEMENTS MADE BY ANY EMPLOYEES OR AGENTS OF THE COMPANY CAN BE CONSTRUED AS WARRANTY UNLESS THEY HAVE BEEN OFFICIALLY ISSUED AND ARE EXPLICITLY THUS LABELED.


7. Claims

Unless a specific contractual agreement between the Company and the Customer provides for different remedies, any claim for damages by the Customer is limited to repair, replacement or refund of the product, at the Company's option and subject to applicable law. EXCEPT FOR DAMAGES TO BE PAID AS REQUIRED BY LAW, THE CUSTOMER WILL ONLY BE ENTITLED TO A REFUND OF THE PRICE THAT THE CUSTOMER PAID FOR THE DAMAGED GOODS. NO OTHER CLAIMS CAN BE MADE BY THE CUSTOMER.

Payment of such claims by the Company does not constitute and cannot be construed as wrongful doing by the Company. Acceptance of a refund by the Customer precludes the Customer from any further claims against the Company.


8. Communications

Use of the website, placement of an order on the website, printing of the order confirmation, downloading of electronic files, etc, all constitute electronic means of communications between Customer and Company. By using the website the Customer agrees that these methods of communications are sufficient to transact the business and no additional communications are necessary to conclude the business transactions. At the same time the customer assumes the responsibility to confirm that all details entered electronically are correct and complete, confirms that the order is accurate, and that the Company is authorized to make a credit card payment withdrawal from the Customer's account. As is allowable by law the Customer thereby absolves the Company from providing any further documentation, invoices, receipts, or other notices by mail or any other means.


9. Promotions

The website may, from time to time offer special deals or items on sale. It may also offer special deals to select customers. Any such offers are time-limited and may have other restrictions. These limitations are not transferable. They might even expire while you visit the site. The terms may be changed by the Company at any time without prior notice to anybody. Promotions may be withdrawn at any time.


10. Changes to Terms & Conditions

These terms and conditions may be changed by the Company at any time without notice. Please note that the terms relevant to your order are those not when you visit the site, but on the contract date. If the terms change between a customer visiting the site and placing an order and the contract date then the Company will inform each Customer to confirm if their order is still acceptable under the new terms.


11. Applicable Law and Jurisdiction

All business transactions related to this website are governed by the laws of California and relevant federal US laws. By placing an order on this website you agree settle any legal matters in an applicable court in the county of San Diego, California.

Use of this website which would result in laying claims against the Company in any other jurisdiction is not allowed.


12. Customer's Representation and Warranties

The Customer represents and warrants for the benefit of the Company that you are at least 18 years of age and possess the legal right and ability to enter into a contractual agreement with the Company by placing an order; that the credit card used for payment of the order belongs legally to the Customer or is authorized to act as an agent of a third person; that all information submitted is true, current and complete.


13. Miscellaneous

This agreement (version 1.1 - 20-Oct-2008) together with the Privacy Policy stated elsewhere constitutes the whole agreement for the purpose of an order on the Company's website. As stated above, this agreement may change from time to time. The version of this agreement published on the contract date is relevant for a specific transaction.

Should any part of this agreement become out-of-date or unenforceable due to changes in state or federal laws then the remainder of the agreement still stands unchanged.