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Terms and Conditions

Effective Date: May 1, 2025
Governing Law: State of Georgia, USA

  1. Scope and Acceptance

These General Terms and Conditions (“Terms”) govern all purchases of products (“Products”) offered by deSter, a Georgia corporation with principal offices at 100 Hartsfield Centre Parkway, Suite 500, Atlanta, GA 30354 (Control No. 0661783), authorized to do business in Ohio at 1200 E. Kibby Street, Building 32, Lima, Ohio 45804, USA (“Seller”).

By placing an order, the buyer (“Buyer”) agrees to be bound by these Terms. Any conflicting or additional terms proposed by Buyer are expressly rejected unless accepted in writing by Seller.

If you are purchasing Products as a consumer, additional rights under applicable consumer protection laws may apply, and nothing in these Terms shall limit those rights where they cannot legally be excluded.

  1. Orders and Acceptance

All orders are subject to acceptance by Seller. Seller reserves the right to accept or reject any order, in whole or in part, at its sole discretion. No order is binding until confirmed by Seller in writing (including via email).

Buyers may cancel stock item orders prior to shipment in writing. A 20% cancellation fee may apply. Orders for custom or personalized Products are non-cancellable.

Once dispatched, orders cannot be canceled but may be eligible for return under Section 6.

  1. Prices and Payment

All prices are listed in U.S. Dollars (USD) and exclude applicable taxes, shipping, customs duties, and other charges unless otherwise specified.

Payment is due in full at the time of order, unless otherwise agreed in writing. We accept major credit cards including Visa, MasterCard, American Express, and Discover. Only one card per transaction is permitted.

  1. Delivery and Risk of Loss

Products are shipped FCA (Free Carrier) from Seller’s facility in Lima, Ohio (Incoterms® 2020), unless otherwise agreed. Risk of loss and title pass to Buyer upon delivery to the carrier.

Shipping is available only within the continental United States, excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands.

All delivery dates are estimates. Seller is not liable for delays beyond its reasonable control.

  1. Inspection and Claims

Buyer must inspect all Products upon receipt. Claims for shortages, defects, or shipping damage must be submitted in writing within five (5) business days of delivery. Failure to notify Seller within this time constitutes acceptance of the Products.

  1. Returns

Return requests must be made within five (5) business days of delivery and require prior written approval and a valid Return Merchandise Authorization (RMA).

Returned Products must be:

  • Unused and undamaged
  • In resalable condition
  • In original, unopened packaging

A 20% restocking fee will apply. Opened cases are non-refundable. If returned without authorization, Seller may discard the items or return them at Buyer’s expense.

If Products are defective or damaged upon delivery, Buyer must notify Seller within five (5) business days to be eligible for a refund or replacement.

  1. Limited Warranty

Seller warrants that Products will materially conform to Seller’s specifications and be free from defects in workmanship for ninety (90) days from the date of shipment.

This warranty excludes damage caused by misuse, neglect, unauthorized modifications, or improper storage.

DISCLAIMER: THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  1. Limitation of Liability

To the fullest extent permitted by law, Seller’s liability for any claim shall not exceed the purchase price of the affected Product.

In no event shall Seller be liable for any indirect, incidental, special, or consequential damages, including lost profits or business interruption.

  1. Force Majeure

Seller shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, labor disputes, supply chain disruptions, transportation delays, or governmental restrictions.

  1. Intellectual Property

All intellectual property rights in the Products, including trademarks, copyrights, trade secrets, and patents, remain the exclusive property of Seller. No license or transfer of rights is granted to Buyer except as expressly authorized in writing.

  1. Compliance with Laws

Buyer agrees to comply with all applicable local, state, and federal laws, including export control laws and regulations of the United States and the State of Georgia.

  1. Confidentiality

All non-public information disclosed by Seller to Buyer, including pricing, technical specifications, and customer data, is considered confidential. Buyer agrees not to disclose or use such information except as necessary to fulfill its obligations under these Terms.

  1. Privacy Policy

Use of the website and purchase of Products is subject to our Privacy Policy, which outlines how your personal data is collected, stored, and used. By placing an order, you consent to the terms of the Privacy Policy.

  1. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Georgia, without regard to conflict of law rules.

All disputes arising from or related to these Terms shall be resolved exclusively in the state or federal courts located in Fulton County, Georgia, and each party consents to the personal jurisdiction of such courts.

  1. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  1. Entire Agreement

These Terms constitute the entire agreement between Seller and Buyer with respect to the subject matter herein and supersede all prior or contemporaneous agreements, whether oral or written. Any amendment must be made in writing and signed by both parties.

  1. Headings

Headings are for convenience only and do not affect the interpretation of these Terms.

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