Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The following terms and conditions (the “Terms and Conditions”) shall constitute the agreement (the “Agreement”) between Steele Development Group, Inc. DBA Cape Coastal Designs (“Cape Coastal”, "Cape Coastal Designs", “Company”, “Seller” or us) and purchaser (you or “Purchaser”) with respect to the sale of products by Seller to Purchaser. This Agreement incorporates the product type, quantity and shipment date terms set forth in your purchase order, if applicable, when accepted by Company. All other terms set forth in the purchase order, including but not limited to, terms related to express or implied warranties, are superseded and replaced by the Terms and Conditions. In the event of any conflict between the terms contained in your purchase order and these Terms and Conditions, the Terms and Conditions shall control.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Cape Coastal Designs. The collective work includes works that are licensed to Cape Coastal Designs. Copyright 2014, Cape Coastal Designs ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Cape Coastal Designs or purchasing Cape Coastal Designs products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Cape Coastal Designs or to purchase Cape Coastal Designs products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Cape Coastal Designs. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Unless instructed otherwise, Company’s preferred shipping method is USPS Flat Rate Priority Mail. Orders generally ship within 1-3 business days.
Title and Risk of Loss
Title and risk of loss shall pass to Purchaser at the time of delivery to the carrier for shipment. This provision shall apply even if a price is quoted F.O.B. destination.
Prices, Minimums & Payment Terms for Wholesale Customers
Prices are Wholesale Net F.O.B. Cape Coral, Florida. Prices are subject to change without notice. Customers will be charged the price in effect on the website at the time of order.
To view Wholesale pricing and have ability to place Wholesale orders, you must register your store at www.capecoastaldesigns.com and email us a copy your State's Resale Permit to firstname.lastname@example.org. Once your registration has been verified and approved, you will be sent an email notifying you that wholesale pricing can be viewed and orders can be placed on the website.
Items sold are subject to minimum order quantities (MOQs) as indicated in catalog and on website. MOQs are subject to change without prior notice.
Orders are payable by Credit Card and we accept VISA, Master Card, and American Express. No terms are given for first time orders or for international orders.
Upon credit approval, our standard terms are Net 30 days. Under certain conditions, we may require an advance deposit or prepayment of an order. A late charge of 1.5% per month will be assessed to account balances not paid in accordance with our terms.
Credit references must include three (3) trade references where you have an open account and one (1) bank reference. Please email to email@example.com.
Resale certificates are required to be on file with us to be exempt from sales tax.
All trademarks, service marks and trade names of Cape Coastal Designs used in the site are trademarks or registered trademarks of Cape Coastal Designs. Purchaser shall not use Seller's intellectual property, whether tangible or intangible, including, but not limited to, Seller's designs, descriptions, illustrations, artwork, photographs, layouts, trademarks or trade names ("Intellectual Property"), without Seller's prior written approval. No license or right to use Seller's Intellectual Property is implied or granted herein.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Cape Coastal Designs disclaims all warranties, express or implied, including, but not limited to, merchandise design, value condition, quality, durability, suitability, implied warranties of merchantability and fitness for a particular purpose, and non-infringement of any intellectual property right of any third party, or express or implied warranties as to quality or correspondence with prior description or sample. If merchandise is purchased by way of a purchase order or similar document, that document is deemed to include this disclaimer of express or implied warranties, regardless of whether the purchase order or document is silent or contrary to this disclaimer. Purchaser shall examine merchandise upon receipt. Before merchandise is used, and within seven (7) days from receipt of shipment, Purchaser shall notify Seller in writing of any claims on account of damage, shortage or otherwise. Failure to notify Seller shall be deemed acceptance and constitute a waiver by Purchaser of all claims with respect to such merchandise. Cape Coastal Designs does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Cape Coastal Designs does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Cape Coastal Designs maximum liability for any breach of these Terms and Conditions, or any other claim related to the merchandise, shall be limited to the price of the merchandise or portion thereof sold to Purchaser hereunder. In no event shall Cape Coastal Designs be liable for any special, consequential, incidental or punitive damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, including but not limited to any damages for lost profits or business opportunities or damage to reputation, even if Cape Coastal Designs has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Cape Coastal Designs product is mistakenly listed at an incorrect price, Cape Coastal Designs reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Cape Coastal Designs reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cape Coastal Designs shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Cape Coastal Designs without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Cape Coastal Designs may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Cape Coastal Designs.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Cape Coastal Designs products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Cape Coastal Designs products) must be commenced within one (1) year after the claim or cause of action arises. Cape Coastal Designs's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Cape Coastal Designs may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Cape Coastal Designs or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Cape Coastal Designs does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Cape Coastal Designs is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Cape Coastal Designs reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Cape Coastal Designs in its sole discretion.
You shall indemnify, defend, and hold harmless Cape Coastal Designs, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all actual or alleged liability, loss, damage, cost and expense, including actual attorneys' fees and court costs, to third parties resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account, or from the use of merchandise while such merchandise is in purchaser's or purchaser's end-user's, possession or control. In addition, purchaser agrees to defend, indemnify and hold seller harmless from any and all liability, loss, damage, cost and expense, including actual attorney's fees and court costs, which seller may suffer or incur arising from purchaser's resale of merchandise, purchaser's or end-user's labels, packaging, specifications, sale or use of merchandise, including but not limited to, actual or alleged patent, trademark or copyright infringement.
In an attempt to provide increased value to our visitors, Cape Coastal Designs may link to sites operated by third parties. However, even if the third party is affiliated with Cape Coastal Designs, Cape Coastal Designs has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Cape Coastal Designs. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Cape Coastal Designs seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Any other previous oral or written communications, representations, agreements or understanding between the Seller and Purchaser are no longer of any force and effect; this Agreement supersedes and replaces all prior agreements between Seller and Purchaser, and constitutes the entire agreement and understanding between the parties, concerning the sale and purchase of merchandise. This Agreement shall not be modified or amended orally, or by any course of dealing or trade usage, but only in writing executed by both parties, and shall not be assigned by Purchaser without the express written consent of Seller. The terms and conditions of this Agreement shall be binding upon each party’s successors and assigns, as applicable. Seller may, without the consent of Purchaser, assign its rights hereunder, including its rights to collect and receive payment of amounts due hereunder.
This agreement shall be governed by and construed in accordance with the State Laws of Florida and shall be deemed entered into at Seller’s place of business. The Parties hereto and hereby consent to the adjudication of any controversy arising under the contract by the Courts of the State of Florida located in Lee County, Florida.
If Seller’s ability to deliver merchandise is impaired due to circumstances beyond Seller’s reasonable control, including but not limited to fire, flood, government action, acts of God, wars, insurrections perils of the sea, accidents, labor disputes or shortages, or inability to obtain from its usual sources raw material, materials, (including energy), finished goods, equipment, or transportation, Seller shall be excused without liability from making delivery to the extent of such impairment. If Seller’s ability to deliver a product is reduced due to such circumstances, Seller may reduce the contract quantity upon notice to Purchaser.