0
Your Cart
0
Your Cart

Last updated: April 17, 2022

Terms of Sales

THIS SALES AGREEMENT (the “Agreement”) is between Prutch Family Imports, Inc. of Las Vegas, Nevada (the “Seller”) AND the person or entity placing an order (the “Buyer”).  By placing an order with the Seller, the Buyer agrees to the terms and conditions of this Agreement and the effective date shall be the date the order is placed by the Buyer and accepted by the Seller.

IN CONSIDERATION of the covenants and agreements contained in this Sales Agreement, the parties listed above agree to the following:

Sale of Goods and Purchase Price

1. The Seller will sell, transfer, and deliver to the Buyer the products requested in the order following the Seller’s acceptance of the order (the “Goods”).

2. All Goods will comply with industry standards.

3. The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the agreed purchase price stated on the price sheet, the Buyer is responsible for all present and future sales, use, excise, or similar tax applicable to the sale of the Goods. 

4. The Buyer agrees that payment terms are net 30 days from the date that the order is invoiced. Exception: Special Orders and Air Freight Charges – a 50% non-refundable payment at time of order acceptance is required. Balance due 30 days net. Late payment charges of 1.5% per month will be applied to all past due balances.

Delivery of Goods

5. The Goods will be shipped FOB destination, freight prepaid and added to the invoice. Prices are subject to change without notice.

6. The Seller will choose the shipping method and be responsible for costs associated with packaging.

Risk of Loss

7. The Seller retains the risk of loss until the Goods are delivered to the Buyer’s destination. 

Warranties

8. The Goods are sold “as is.” The Seller expressly disclaims all warranties, both express and implied, including but not limited to implied warranties concerning merchantability and Goods being fit for purpose. The Seller does not assume, or authorize any other parties to assume on the Seller’s behalf, any liability in conjunction with the Goods’ sale. 

Security Interest

9. The Seller retains a security interest in the Goods until the Buyer pays for them in full.

Inspection

10. The Buyer will inspect the Goods at the delivery time and location, and report to the Seller any damage to the Goods within 48 hours of delivery.  Buyer shall provide pictures of damaged Goods and save packaging.

Claims

11. The Buyer must give notice of any claim within 10 days of delivery. Failure to do so constitutes an unqualified acceptance of the Goods and a waiver of all claims concerning the Goods.

Intellectual Property

12.  Tutto Sicilia is a registered trademark and/or service mark and may not be used or reproduced in any manner without the written permission of Seller.

Excuse for Delay or Failure to Perform

13. The Seller is not liable for any delay, non-delivery, or default in shipping resulting from labor disputes, transportation shortages, delays in receipt of materials, priorities, fires, accidents, riot, war, civil unrest, flood, earthquake, or other acts of God, and other causes beyond the control of the Seller or the Seller’s suppliers. If the Seller cannot directly or indirectly deliver the Goods at the time specified, due to circumstances beyond the Seller’s control, the Seller may terminate this Agreement. The Seller must notify the Buyer in writing of the Agreement’s termination accompanied by a full refund of any monies the Buyer paid.

Remedies

14. The Buyer’s exclusive remedy and the Seller’s limit of liability for all losses or damages resulting from defective goods or from any other cause will be for the purchase price of the specific delivery with respect to which losses and damages are claimed, which claim may be paid at the Seller’s discretion either as (i) a refund, (ii) a credit with the Seller, or (iii) replacement of the damaged product. Seller not responsible for consequential, punitive, and speculative damages, or lost profits.

Cancellation

15. The Seller can cancel this Agreement if:

a. The Buyer fails to pay for any shipment when payment is due;
b. The Buyer is declared insolvent or bankrupt, or
c. If the Seller deems the prospect of payment is impaired.

Notices

16. Any notices or documents to be exchanged between the Buyer and Seller pursuant to this Agreement may be delivered in person or by prepaid registered mail to the addresses specified below. Any written notice or delivery of documents will be made, given, and received on the day of delivery, if personally delivered, or on the third (3rd) consecutive business day after the date of mailing if sent via prepaid registered mail.

SELLER: 848 N. Rainbow Blvd, #1222, Las Vegas, NV 89107

BUYER: _____________________________________________

General Clauses

17. All the Seller’s representations and warranties will stand after the Agreement’s closure.


18. The Buyer cannot assign rights or delegate performance to any other party under the Agreement without the Seller’s prior written consent. Any attempted assigning or delegation without written consent will be void. 


19. This Agreement can only be modified in writing signed by both the Buyer and Seller.


20. This Agreement is governed by and construed in accordance with the laws of the State of Nevada. The Buyer and Seller agree to adhere to the jurisdiction of the courts of the State of Nevada.


21. Except where stated otherwise, all terms in the Agreement follow definitions set forth by the State of Nevada on the date of this Agreement’s execution.


22. If any court, arbitration panel, or other official finder of fact declares any clause in this Agreement unconscionable, this clause will be deleted from the Agreement. The balance of the Agreement will remain in full force and effect.


23. This Agreement will inure to the benefit of and be binding upon the Buyer and the Seller and their respective successors and assigns.


24. This Agreement details the entire agreement between the Buyer and the Seller. There are no further provisions, either written or verbal. The Buyer acknowledges it has not relied upon any representations of the Seller to form judgments about the Goods, but has relied on inspection of the Goods themselves.

Terms of Use

Introduction

Welcome to Prutch Family Imports! By using our website and/or using the services that are provided, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. These Terms and Conditions unconditionally extend and apply to all related applications, internet service, or website extensions. If you are not in agreement with all of these Terms and Conditions, you are prohibited from using this Website, and you may discontinue use immediately. Prutch Family Imports recommends that you save or print a copy of these Terms and Conditions for future reference.

Agreement to Terms and Conditions

Prutch Family Imports Terms And Conditions (these “Terms” or these “Terms and Conditions”) contained in this Agreement shall govern your use of this Website and all its content (collectively referred to herein as this “Website”). These Terms outline the rules and regulations guiding the use of Prutch Family Imports located at prutchfamilyimports.com. All materials/information/documents/services or all other entities (collectively referred to as content) that appear on the Prutch Family Imports shall be administered subject to these Terms and Conditions. These Terms and Conditions apply in full force and effect to your use of this Website, and the use of this Website constitutes an express agreement with all the terms and conditions contained herein in full. Do not continue to use this Website if you have any objection to any of the Terms and Conditions stated on this page.

Definitions/Terminology

The following definitions apply to these Terms and Conditions, Privacy Statement, Disclaimer Notice and all Agreements: “User”, “Visitor,” “Client,” “Customer,” “You” and “Your” refers to you, the person(s) that use this Website. “Prutch Family Imports”, “We”, “Our” and “Us”, refers to our Website/Company. “Party,” “Parties,” or “Us,” refers to both you and us. All terms refer to all considerations of Prutch Family Imports necessary to undertake support to you for the express purpose of meeting your User needs in respect of our services, under and subject to, prevailing law of the state or country in which PrutchFamilyImports.com operates (Nevada). Any use of these definitions or other glossary in the singular, plural, capitalization, and/or pronoun are interchangeable but refer to the same.

Intellectual Property Rights

Other than the content you own and opted to include on this Website, under these Terms, Prutch Family Imports and/or its licensors own and reserve all intellectual property rights of this Website. You are granted a limited license, subject to the restrictions entailed in these Terms and Conditions, for purposes of viewing this Website’s content.

Services

The content of this Website is not intended for use or distribution to any person or entity in any jurisdiction, geographical location, or country/state where such use or distribution will be contrary to the laws and regulations or subject Prutch Family Imports to any form of registration, claims, demands, costs, liabilities, damages, or expenses.

The Website is intended for users who are at least 18 years of age. If you are under the age of 18, you cannot use or register to use this Website or its services without parental permission or consent. By agreeing to these Terms and Conditions, you have the necessary legal capacity to comply and be bound by these Terms and Conditions.

Acceptable Use

You may use this Website as permitted by these Terms and Conditions and may not use this Website for any purpose other than for which Prutch Family Imports makes the Website and its services available.

Cookies

Prutch Family Imports employs the use of cookies. By accessing Our Website, You agree to use cookies in Agreement with our Cookie Policy.

Our interactive Website’s optimal functionality uses cookies to retrieve the User’s information for each visit. Some of our affiliate partners may also use cookies.

License

Unless otherwise stated, Prutch Family Imports and/or its licensors own the intellectual property rights for all content on Prutch Family Imports. All intellectual property rights are reserved. You may access any Website content from Prutch Family Imports for your personal use subject to restrictions set in these terms and conditions.

Prutch Family Imports hereby restricts you from all of the following:

  1. Republishing any Prutch Family Imports content in any media;
  2. Reproducing, duplicating, or copying any Prutch Family Imports content ;
  3. Selling, renting, sublicensing, and/or otherwise commercializing any Prutch Family Imports content;
  4. Publicly performing and/or displaying any Prutch Family Imports content;
  5. Using this Website in a manner that is, or maybe, damaging and/or impacts user access to this Website;
  6. Using this Website contrary to the relevant rules, laws, and regulations of your country of residence, or in a manner that causes, or may cause, harm to the Website, or any person or business entity;
  7. Conducting data mining or any other similar activity concerning this Website, or while using this Website; and
  8. Using this Website to engage in any form of business advertising or marketing.

Specific areas of this Website may be restricted from user access, and Prutch Family Imports may further extend such restriction to the entire Website, at any time, and in its sole discretion. Any user identification, security key, or password you may have on this Website are confidential, and you are responsible for maintaining such information confidentiality.

Linking and Hyperlinking Rights

We reserve the right to file requests that you remove all links or any particular link created by you that redirect to our Website, and you approve to immediately remove such links to our Website upon request. We may amend the terms and conditions of these linking rights at any time. By continuously linking to our Website, you agree to be bound to and follow the terms of this linking policy.

Feel free to contact us if you find any link on our Website that is offensive, and we may consider requests to remove such links. Still, we are not obligated to do so or respond to you directly or immediately.

Hyperlinking to our Content

Organizations such as search engines, government agencies, news organizations, and online directories may link to our Website without prior written approval. We may review other link requests from popular consumer and/or information specialists, charity organizations, internet portals, educational institutions, trade associations, and dot.com community sites. Any interested organization must inform and contact us for further information regarding our linking policy. However, such linking does not imply endorsement, sponsorship, partnership, or approval by us of any kind.

No use of our logo or other design intellectual property will be allowed for linking, except a trademark license agreement.

Link to third-party content

This Website may contain links to websites or applications operated by third parties. Please know that we do not control any such third-party websites or applications or the third party operator. Prutch Family Imports is not responsible for and does not endorse any third-party websites or applications or their availability or content.

Prutch Family Imports accepts no responsibility for adverts contained within the Website. You agree that you do so at your own risk when you purchase any goods and/or services from any such third party. The advertiser, and not us, remains responsible for such goods and/or services, and if you have any questions or complaints about them, you should contact the advertiser

User Content

In these Website Standard Terms and Conditions, “User Content” shall mean any audio, video, text, images, or other material or content you choose to display on this Website. Concerning user content, by displaying it, you grant Prutch Family Imports a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it on any media.

User Content must be your own and must not be infringing on any third party’s rights. Prutch Family Imports reserves the right to remove any of your content from this Website at any time, without notice.

Prutch Family Imports is permitted to monitor your activities on the Website and remove any user content considered inappropriate, offensive, contrary to applicable laws and regulations, or causes a breach of these Terms and Conditions.

You warrant and represent that:

  1. You are entitled to upload/input/publicize content on our Website and have the necessary legal capacity, license or consent to do so;
  2. Your content does not infringe any intellectual property right, including without limitation to copyright, patent, or trademark of any third party;
  3. Your content is true, accurate, current, complete, and relate to you and not a third party;
  4. Your content does not contain any libelous, defamatory, offensive, immoral, or otherwise illegal material which is an invasion of privacy; and
  5. The content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You now grant Prutch Family Imports a non-exclusive license to use, reproduce, edit and authorize others approved by us to use, reproduce and edit any of your content in any form, format, or media.

Privacy Policy

By using this Website and its services, you may provide us with certain personal information. By using Prutch Family Imports or its services, you authorize us to use your information in any country or state that we operate in. We reserve the right to use such information to improve your user experience and facilitate mailing and traffic, and market analytics.

By accessing this Website, specific information about the User, such as Internet protocol (IP) addresses, site navigation, user software, and the surfing time, along with other similar information, will be stored on Prutch Family Imports servers. Information about their identities, such as name, address, contact details, billing information, and other information stored on this Website, will strictly be used only for statistical purposes and will not be published for general access. Prutch Family Imports, however, assumes no responsibility for the security of this information.

Disclaimers/Warranties/Limitation of Liabilities

Prutch Family Imports Website is provided “as is,” with all liabilities, and Prutch Family Imports makes no express or implied undertakings, representations, or warranties, of any kind related to this Website or the content contained on this Website.

Prutch Family Imports does not make any endorsements, warranties, or representations about the accuracy, reliability, expertise, or completeness of any such content. You agree that reliance on any such content shall be at the User’s risk. The Prutch Family Imports periodically changes, adds, modifies, improves, or updates this Website’s consent with or without prior notice. Under no circumstance shall Prutch Family Imports be liable for any loss, damage, injury, liability, or expense incurred or suffered from the use of this Website, including, without limitation, any fault, error, omission, commission, delay, failure, interruption, deletion, alteration, disruption, cessation or incursion concerning such use by us, our affiliates or any third party. Under no circumstance shall Prutch Family Imports or any of its partners and affiliates be liable for any direct, indirect, consequential, accidental, or special damages, even if Prutch Family Imports has been advised against the risk or possibility of such damages. The User agrees that Prutch Family Imports will not be liable for any conduct or behaviour of the User arising from the use of this Website. As a result, the use of this Website and all or any of its content is at the User’s sole risk.

In no event shall Prutch Family Imports, nor any of its officers, directors, employees, and affiliates, be liable for any loss, injury, or damage arising out of your use of this Website, whether, under contract, tort, or otherwise, and Prutch Family Imports, including its officers, directors, employees, and affiliates shall not be liable for any indirect, consequential or special liability arising out of your use of this Website.

Indemnification

As a condition for the use of this Website, the User agrees to indemnify Prutch Family Imports and its affiliates to the fullest extent, from and against all actions, claims, liabilities, losses, damages, costs, demands, and expenses (including reasonable attorney’s fees) arising out of the User’s use of this Website, including without limitation, any claim related to the breach of any of the provisions of these Terms and Conditions. If dissatisfied with any or all of the content on this Website or any or all of its Terms and Conditions, the User may discontinue using this Website.

Termination

The provisions of these Terms and Conditions shall remain in full force and effect while you use the Prutch Family Imports or its services. Users may terminate their use by following the instructions for terminating user accounts in your account settings or by contacting us at info@prutchfamilyimports.com.

We reserve the right and sole discretion to, and without notice or liability, deny access to and use of the Website (including blocking specific IP addresses) to any user for any reason including but not limited to breach of any representation, warranty, or Agreement in these Terms or any applicable law or regulation.

We also reserve the right, if, in our sole discretion, we determine that your use of the Website or its services is in breach of these Terms and Conditions or of any applicable law or regulation, to terminate your use of the Website and its services or delete your account and any or all of your content, without warning or prior notice. Suppose we terminate or suspend your account for any reason set out under this section. In that case, you are prohibited from registering and creating a new account under your name, or a false identity, or the expression of a third party. In addition to terminating or suspending your account, Prutch Family Imports reserves the right to take appropriate legal action(s), including without limitation pursuing civil, criminal, and injunctive redress.

General Provisions

Language

All correspondence made under this Agreement shall be in English.

Governing Law & Jurisdiction

The Terms and Conditions of this Website will be governed by and construed under the laws of the country or state in which Prutch Family Imports operates. You hereby unconditionally submit to the non-exclusive jurisdiction of the courts located in Nevada for the resolution of any disputes.

Severability

Suppose any of Term or Condition is proven to be unenforceable or void under any applicable law. In that case, such shall not render the entirety of these Terms and Conditions unenforceable or invalid. As a result, any such provision shall be deleted without affecting the remaining provisions herein. The provisions of these Terms and Conditions that are unlawful, void, or unenforceable are deemed severable from these Terms and Conditions and do not affect any remaining provisions’ validity and enforceability.

Variation of Terms

Prutch Family Imports reserves the right to revise these Terms at any time as it sees fit. By using Prutch Family Imports, you are expected to review such Terms regularly to ensure you comprehend all the Terms and Conditions regarding the use of this Website.

Assignment

Prutch Family Imports reserves the right to assign, transfer, and subcontract its rights and/or obligations under this Agreement without any prior notification or consent required. Users shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. Furthermore, a person who is not a party to these Terms and Conditions shall have no right to enforce any provision contained therein.

Preservation of Immunities

Nothing herein shall constitute a limitation upon the privileges and immunities of Prutch Family Imports, which are specifically reserved.

Waiver

Our failure to exercise any or all of these Terms and Conditions’ provisions at any point in time shall not operate as a waiver of such right or provision.

Entire Agreement

These Terms and Conditions, including any legal notices and disclaimers on this Website, constitute the entire Agreement between Prutch Family Imports and you concerning your use of this Website. Ultimately, this Agreement supersedes all prior agreements and understandings concerning the same.

Contact us

To resolve any complaint or clarification regarding the use of this Website or its services or receive information concerning that, please contact us.