Terms of service
OVERVIEW
This website is operated by Pirateaba, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Pirateaba, LLC. Pirateaba, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color or the product photographs or mockups on the website will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not provide sale of products or Services to the following locations; Crimea, Luhansk, and Donetsk regions in Ukraine, Russia, Belarus, Ecuador, Cuba, Iran, North Korea, and Syria. Any offer for any product or service made on this site is void in these locations. We reserve the right to limit, cancel or prohibit orders that, in our sole judgment, appear to be placed from these locations.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5A - PERSONAL USE AND AUTHORIZED RESALE
Products offered on this site are sold to you for your own personal use, for the use of your household, or as a gift. They are not sold for resale. By placing an order you represent that you are not purchasing for resale. This paragraph does not apply to an order placed through an approved wholesale trade account.
The only persons authorized to resell our products are businesses we have approved in writing for our wholesale program. A business holding an approved wholesale trade account may resell our products only where all of the following are satisfied: the sale is direct to an end consumer buying for their own use and not for resale; the sale is a retail sale in ordinary consumer quantities and is not a bulk, trade, wholesale or business-to-business supply; and the sale is made at, and fulfilled from, the physical retail premises we have approved. Resale by any other means is not authorized, including sales through any website, marketplace, social media, messaging or livestream platform, sales to any other retailer, wholesaler, distributor or reseller, and sales at any market, fair, convention, trade show or pop-up.
No person other than a business holding an approved wholesale trade account is an authorized stockist, reseller, distributor or partner of ours, and we do not authorize any person to describe themselves as one. A person who resells our products without our written authorization may not use our trademarks or logos in any manner that states or implies that they are an authorized reseller or that we endorse, supply or support the sale, may not use our product photography or product descriptions, and may not represent that the products carry our warranty or support. We do not warrant or support products purchased from an unauthorized reseller, and we may decline service in respect of them.
We reserve the right to refuse, limit or cancel any order that in our sole judgment is placed for resale, and to suspend or close any account used to place such orders. This is in addition to our rights under Section 6.
Nothing in this section limits any right you have that cannot be excluded under applicable law.
The terms on which we supply approved wholesale trade accounts are set out in Section 21.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. The preceding sentence does not apply to orders placed through an approved wholesale trade account, which are governed by Section 21.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PIRATEABA, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors or other authorized representatives be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PIRATEABA, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees and any other authorized representatives from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of laws provisions. The state and federal courts located in Bernalillo County, New Mexico, shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms of Service or your use of the Service, and you consent to the personal jurisdiction of those courts, except where applicable law gives you a non-waivable right to bring proceedings in the courts of your place of residence.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at store@wanderinginn.com
SECTION 21 - WHOLESALE AND TRADE ACCOUNTS
21.1 This Section 21 applies only to the purchase of goods for resale through a wholesale trade account approved by us in writing. It does not apply to any purchase made by a consumer for personal use, and nothing in it limits, excludes or varies any right of a consumer under these Terms of Service or under applicable law.
21.2 Where this Section 21 conflicts with any other provision of these Terms of Service, or with our Refund Policy or Shipping Policy, this Section 21 prevails in respect of a purchase made through an approved wholesale trade account, and only in respect of such a purchase.
21.3 In this Section 21, "these Terms" means the terms set out in this Section 21 and not Sections 1 to 20 of these Terms of Service.
21.4 DEFINITIONS AND INTERPRETATION
21.4.1 "Seller" means Pirateaba, LLC, a New Mexico limited liability company. "Wholesale Buyer" means the business entity in whose name a Trade Account is approved. "Party" means either of them.
21.4.2 "Store" means the website at store.wanderinginn.com. "Trade Account" means a wholesale account approved by Seller and active on the Store. "Order" means an order for Goods submitted by Wholesale Buyer through a Trade Account, or otherwise accepted by Seller from Wholesale Buyer under these Terms.
21.4.3 "Goods" means the merchandise supplied by Seller under an Order. Goods do not include books, which Seller does not sell for resale through the Trade Account or otherwise.
21.4.4 "Marks" means The Wandering Inn name, the names and likenesses of its characters, its artwork, illustrations, logos, trade dress and any other trademarks or copyrighted works owned or licensed by Seller.
21.4.5 "Approved Premises" means the physical retail location or locations identified in Wholesale Buyer's approved application, or subsequently approved by Seller in writing.
21.5 APPLICATION OF THESE TERMS
21.5.1 This Section 21 prevails over the other provisions of these Terms of Service and over Seller's Refund Policy and Shipping Policy to the extent of any inconsistency in their application to an Order. Wholesale Buyer purchases the Goods for resale in the course of its business and not as a consumer, and consumer protections in those policies do not apply to an Order.
21.6 TRADE ACCOUNT ELIGIBILITY AND APPROVAL
21.6.1 To be eligible for a Trade Account, Wholesale Buyer must operate physical retail premises open to the public and hold a valid federal Tax Identification Number and, where required by the jurisdiction of delivery, a current resale certificate. Online-only retailers, marketplace sellers and dropshippers are not eligible.
21.7 ORDERS AND FORMATION OF CONTRACT
21.7.1 An Order submitted by Wholesale Buyer constitutes an offer to purchase the Goods on these Terms. No contract is formed on submission of an Order or on charging of payment. A contract is formed only when Seller dispatches the Goods, and then only in respect of the Goods actually dispatched.
21.7.2 Seller may reject or cancel an Order in whole or in part at any time before dispatch, including where the Goods are unavailable, where an error has occurred in a price or product description, where a Trade Account is no longer approved, or where Seller reasonably believes the Order is inconsistent with these Terms. Seller's sole liability on such a rejection or cancellation is to refund amounts paid in respect of the Goods not dispatched.
21.8 PRICES, TAXES AND RESALE CERTIFICATES
21.8.1 Prices are those published to Wholesale Buyer's Trade Account at the time an Order is submitted, and are exclusive of shipping and transportation costs, insurance in transit, and all sales, use, excise and other taxes, duties and charges of any kind, all of which are for Wholesale Buyer's account.
21.8.2 Seller will charge sales tax where required by law unless Seller holds a valid, complete and current resale or exemption certificate for the jurisdiction of delivery. Wholesale Buyer is responsible for providing that certificate and for notifying Seller promptly in writing if it expires, is revoked or ceases to be accurate.
21.8.3 Wholesale Buyer represents and warrants that each certificate it provides is valid, complete and accurate, and that the Goods are purchased for resale in the ordinary course of Wholesale Buyer's business. Wholesale Buyer shall indemnify, defend and hold harmless Seller from and against any tax, interest, penalty, assessment and related cost or expense, including reasonable attorneys' fees, assessed against or incurred by Seller as a result of a certificate that is invalid, incomplete, expired or inaccurate, or as a result of Wholesale Buyer's use of the Goods other than for resale.
21.9 PAYMENT
21.9.1 Payment is due in full in United States dollars at the time an Order is placed. Seller does not offer invoicing, purchase order terms, net terms, consignment, sale or return, or credit of any kind.
21.10 DELIVERY, TITLE AND RISK OF LOSS
21.10.1 Delivery terms are FOB the point of dispatch, being Seller's warehouse in North Carolina or, for Goods made or held by a third-party manufacturer or fulfillment provider, that party's dispatching facility. Title to and risk of loss in the Goods pass to Wholesale Buyer on delivery of the Goods to the carrier at the point of dispatch. Any shipping arranged by Seller is arranged as a convenience to Wholesale Buyer and at Wholesale Buyer's cost and risk.
21.10.2 Dates and periods quoted for dispatch or delivery are estimates only and are not of the essence. Seller is not liable for any delay in dispatch or delivery, or for any loss arising from a delay, including any act, omission or delay of a carrier.
21.10.3 Seller may deliver an Order in installments. Each installment is treated as a separate contract, and a defect in or failure to deliver one installment does not entitle Wholesale Buyer to reject or cancel any other installment or Order.
21.11 INSPECTION, SHORTAGE AND CLAIMS
21.11.1 Wholesale Buyer shall inspect the Goods promptly on delivery. Wholesale Buyer must notify Seller in writing at store@wanderinginn.com of any shortage, damage in transit, or delivery of incorrect Goods within ten (10) business days of delivery, and must include photographs of the Goods and of the outer carton and packaging. Failure to give notice within that period constitutes acceptance of the Goods and bars Wholesale Buyer from any remedy in respect of the matter.
21.12 RETURNS
21.12.1 Goods are sold firm. Seller does not accept returns of unsold, surplus, discontinued or slow-moving Goods, and does not offer sale or return, stock rotation, stock balancing or consignment.
21.13 CONDITIONS OF RESALE AND AUTHORIZED CHANNEL
21.13.1 Wholesale Buyer's right to resell the Goods is limited to sales which satisfy all of the following conditions:
- the sale is direct to an end consumer who is buying the Goods for their own use and not for resale;
- the sale is a retail sale in ordinary consumer quantities, and is not a bulk, trade, wholesale or business-to-business supply; and
- the sale is made at, and fulfilled from, the Approved Premises.
Any sale, supply, transfer, distribution, consignment, gift, auction or other disposal of the Goods which does not satisfy every one of those conditions is prohibited, unless Seller has given its express prior permission in writing.
21.13.2 For the avoidance of doubt, and without limiting the generality of clause 21.13.1, the following are prohibited without that permission. This list is illustrative only and its contents do not narrow clause 21.13.1:
- selling, offering for sale, or listing for sale the Goods online through any channel, including Wholesale Buyer's own website, any social media, messaging or livestream platform, and any marketplace or platform including Amazon, eBay, Etsy, Walmart, TikTok Shop, Faire, Temu, Wish or any successor or equivalent;
- selling or supplying the Goods to any other retailer, wholesaler, distributor, jobber, liquidator, reseller, subscription box, corporate gifting program or other intermediary, or to any person Wholesale Buyer knows or reasonably should suspect intends to resell them;
- selling or supplying the Goods from any location other than the Approved Premises, including at a market, fair, convention, trade show, pop-up, concession or another of Wholesale Buyer's own stores that Seller has not approved;
- exporting the Goods from the United States, or selling or supplying them to any person outside the United States.
21.13.3 For clarity, Wholesale Buyer may advertise and promote the Goods and their availability at the Approved Premises through any medium, including Wholesale Buyer's own website, social media, newsletters and email, provided the Goods are not sold, offered for sale, listed for sale or able to be purchased through that medium and every sale satisfies clause 21.13.1.
21.13.4 Wholesale Buyer shall resell the Goods in the form in which they are supplied. Wholesale Buyer shall not alter, modify, decorate, relabel, repackage or rebrand the Goods, shall not break up or recombine any bundle, set or multipack, and shall not remove, obscure, deface or fail to pass on to the end consumer any label, tag, insert, hangtag or marking applied by or for Seller, including any safety, age grading, care, content or country of origin marking.
21.13.5 Wholesale Buyer is free to determine the prices at which it resells the Goods. Seller does not set, agree, require or seek agreement to Wholesale Buyer's resale prices.
21.13.6 Wholesale Buyer shall not acquire, offer or hold out as genuine any product bearing the Marks that was not supplied by Seller or by a source authorized by Seller in writing, and shall notify Seller promptly on becoming aware of any counterfeit or unauthorized product bearing the Marks.
21.13.7 A breach of this clause 21.13 is a material breach. Without limiting any other remedy, Seller may on breach cancel any undispatched Order, suspend or terminate the Trade Account, and decline to supply Wholesale Buyer further.
21.14 WHOLESALE BUYER'S COMPLIANCE RESPONSIBILITY
21.14.1 It is Wholesale Buyer's responsibility, and not Seller's, to satisfy itself that it may lawfully offer and sell the Goods at each location from which it sells them. That responsibility includes labeling, marking and packaging requirements, product safety, age grading and testing requirements, restricted or prohibited product rules, licensing, permits and business registration, sales tax registration, collection and remittance, weights and measures and price display rules, advertising and consumer protection law, and any import, customs or documentary requirement where Goods cross a border.
21.14.2 Seller supplies the Goods as described. Seller makes no representation and gives no warranty that the Goods, their labeling, their packaging or their documentation satisfy the requirements of any market other than the market into which Seller supplies them, and Seller gives no advice on Wholesale Buyer's compliance obligations.
21.14.3 Where a legal or regulatory requirement applicable to Wholesale Buyer prevents, restricts or conditions Wholesale Buyer's sale of the Goods, that circumstance does not constitute a defect in or nonconformity of the Goods, does not entitle Wholesale Buyer to reject them, return them or withhold payment, and is not a breach by Seller.
21.14.4 Wholesale Buyer is responsible for its own obligations to its customers, including obligations in respect of faults, refunds, warranties, recalls and product safety, and shall not represent that Seller is responsible for them.
21.15 INTELLECTUAL PROPERTY
21.15.1 The Marks are and remain the exclusive property of Seller and its licensors. Sale of the Goods conveys no right, title, interest or license in the Marks other than the right to resell the Goods actually purchased in accordance with these Terms.
21.16 GENERAL
21.16.1 Waiver. No failure or delay by Seller in exercising a right operates as a waiver of it, and no single or partial exercise precludes any further exercise. A waiver is effective only if given in writing and only for the instance and purpose for which it is given.
21.16.2 Third parties. Seller's licensors are intended third-party beneficiaries of clause 21.15. There are no other third-party beneficiaries of these Terms.
21.16.3 Survival. Clauses 21.8.3, 21.11, 21.12, 21.13, 21.14, 21.15 and this clause 21.16 survive termination, suspension or withdrawal of approval of the Trade Account, and continue to apply to Goods purchased before that time.