terms & conditions

payment

All sales through this website are final. Payment by credit card is due at time of purchase, using the online order system and electronic shopping cart for checkout.

sales tax

State sales tax is added to California resident orders. Local sales tax may be added to Los Angeles County resident orders.

warranty

MISTY TRADING warrants that the goods supplied under its invoices shall conform to the description stated on the invoice. The foregoing warranty is MISTY TRADING's sole warranty with respect to these goods. All other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed. MISTY TRADING's liability for breach of warranty hereunder is limited solely to the replacement of the defective goods, which shall be returned to MISTY TRADING's plant, transportation charges prepaid by buyer; and the failure to give notice of a warranty claim within thirty (30) days from date of delivery shall constitute a waiver by buyer of all claims in respect to such goods. The foregoing shall constitute the sole remedy of buyer and the sole liability of MISTY TRADING under this warranty.

limitation of liability

MISTY TRADING's liability to buyer, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed in any case the return of the amount of the purchase price paid by buyer and under no circumstances shall MISTY TRADING be liable for special, in direct or consequential damages.

fraud protection

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

governing law

The parties agree that the validity, interpretation and performance of any agreement arising out of this transaction shall be governed by the laws of the State of California without regard to conflicts of interest laws. Buyer and MISTY TRADING hereby submit to the exclusive jurisdiction for the resolution of any disputes hereunder, to Superior Court in Los Angeles County or United States District Court in Los Angeles County, California. These courts shall be the sole and exclusive places for jurisdiction and venue for the purpose of adjudication of any rights and liabilities hereunder.

termination

We may terminate or suspend access to our sales or services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.  All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will endeavor to provide at least 10 days notice prior to any new terms taking effect, but at our discretion and need, we may change terms of use at any time without prior notice. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.