Terms and Conditions
Welcome to Wittichen Supply Company ("Company", "we", "our", or "us"). These Terms and Conditions ("Terms") govern your use of our E-commerce website and mobile application ("Platform") and the purchase of any products thereon. By accessing or using our Platform, you agree to these Terms. If you do not agree, please do not use our Platform.
1. Use of the Platform
- You must be at least 18 years old or the age of majority in your jurisdiction to use our Platform.
- You agree to use the Platform only for lawful purposes and in accordance with these Terms.
- You may not use data mining, web scraping, or other similar data gathering and extraction tools on our Platform.
- You shall not use the Platform for any unlawful, fraudulent, or malicious purposed, or to solicit any such activity.
2. Account Registration
- You need to create an account to access certain features, pricing, or inventory.
- You are responsible for maintaining the confidentiality of your account credentials.
- You agree to notify us immediately of any unauthorized use of your account.
3. Orders and Payment
- All purchases made through our Platform are subject to product availability and our acceptance of your order.
- We reserve the right to refuse or cancel orders at any time for reasons including, but not limited to product or service availability, errors in pricing, or suspected fraud.
- Prices are subject to change without notice.
- Payment must be made using approved payment methods. By submitting your payment information, you represent and warrant that you are authorized to use the designated payment method.
- We charge sales tax for orders delivered in the United States as required by the applicable state law.
4. Shipping, Delivery, and Returns
- We will make reasonable efforts to ensure timely delivery, but do not guarantee delivery times.
- Shipping and delivery dates are estimates only and are subject to change.
- Our Return Policy applies to all product returns.
- All items available for approved return must be new and unused in the original packaging with no signs of misuse.
- Any warranty items must be returned within 30 days of the original purchase.
- Unless otherwise agreed upon in writing, delivery of products to common carrier or licensed trucker shall constitute delivery to you, and all risk of loss or damage in transit shall be borne by you. Company reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve you of your obligation to accept remaining deliveries.
5. Product Descriptions and Availability
- We strive to ensure that product descriptions and images are accurate and up-to-date. However, we do not warrant that descriptions are error-free.
- We reserve the right to discontinue or modify products without notice.
6. Intellectual Property
- All content on the Platform, including text, images, logos, and software, is the property of Wittichen Supply Company or its licensors and is protected by intellectual property laws.
- You may not reproduce, distribute, or use any content from the Platform without our express written permission.
7. User Content
- By submitting any content (reviews, comments, feedback), you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content.
- You are solely responsible for the content you submit and agree not to post unlawful, defamatory, or infringing material..
- We reserve the right to reject or review any material or content that we deem to be inappropriate or unnecessary.
8. Disclaimers
- The Platform and all products and services are provided "as is" without warranties of any kind, either express or implied.
- We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
- We are not liable for any damages arising from the use or inability to use the Platform or any products purchased through it.
9. Limitation of Liability
- To the fullest extent permitted by law, Wittichen Supply Company and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Platform or products purchased.
- The total liability of Company to you, for all claims howsoever arising out of or relating to these Terms or an order hereunder, or the products (or any component thereof) will in any event be absolutely limited to the total fees paid or payable by you to Company for the products that are the subject of any liability claim during the twelve (12) month period prior to the incident giving rise to such claim.
10. Indemnification
- You agree to indemnify and hold Wittichen Supply Company and its affiliates harmless from any claims, damages, liabilities, and expenses arising from your use of the Platform or violation of these Terms.
11. Governing Law
- These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.
- Any legal suit, action or proceeding arising out of or based upon these Terms or the transactions contemplated hereby shall be instituted in the Federal District Court or the courts of the State of Georgia in each case located in Fulton County, Georgia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
- The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms in whole or in part and/or to your purchase of products.
12. Changes to These Terms
- We reserve the right to modify these Terms at any time upon reasonable notice.
- Updated Terms will be posted on the Platform with a revised effective date.
- These Terms constitute the entire agreement between Company and you with respect to your use of the Platform and any products purchased thereon. These Terms supersede all previous written or oral agreements relating to the subject matter hereof.
13. Contact Us
- For questions or concerns regarding these Terms, please contact us at:
Wittichen Supply Company
2912 3rd Avenue North, Birmingham, AL 32503
Email: webshop@wittichen-supply.com
Phone: (205) 251-8500
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Last Edited on 6/30/25
US2008 31557450 1