OBSESSED SHADES Terms and Conditions OF Sale

 

  1. Applicability.  

    These terms and conditions of sale (these "Terms") together with the accompanying purchase order/invoice (the "Purchase Order") and these Terms (collectively, this "Agreement") comprise the entire agreement between Obsessed Shades LLC ("Obsessed Shades") and Buyer (or “You”) concerning the sale of the ordered goods ("Goods") by Obsessed Shades LLC ("Seller") to Buyer. The accompanying purchase order/invoice (the "Purchase Order") and these Terms comprise the entire agreement between You and Obsessed Shades, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Your general terms and conditions of purchase regardless whether or when You have submitted Your purchase order or such terms. Fulfillment of Your order does not constitute acceptance of any of Your terms and conditions and does not serve to modify or amend these Terms. These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative from each of us.
  2. Delivery.

    1. You acknowledge that Obsessed Shades can ship the Goods within a 15 day window on either side of Your requested delivery date. You may cancel any Purchase Order without penalty if You notify Obsessed Shades in writing no less than 60 days prior to the requested delivery date. Delivery shall be made at Your address specified on the Purchase Order using Obsessed Shades’ standard methods for packaging and shipping, with shipping costs charged to You. Title and risk of loss passes to You upon payment and delivery of the Goods.

    2. Obsessed Shades shall not be liable, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in delivery when caused by acts or circumstances beyond Obsessed Shades’ reasonable control.

  3. Price and Payment. 

    You shall purchase the Goods at the prices on the Purchase Order. All prices are exclusive of all sales taxes, which shall be Your responsibility. Obsessed Shades requires a valid credit card account to charge for purchase and delivery and will charge the provided credit account upon readiness to ship. Full payment is required to release Goods for shipping. Responsibility for any delivery delay due to lack of payment rests solely with You. If Obsessed Shades does not receive full payment within 5 business days after its first attempt, it may cancel the Purchase Order. You shall not withhold or seek to reverse payment on account of any claim or dispute.
  4. Limited Warranty and Liability.

    1. Obsessed Shades warrants to You that upon delivery, the Goods will be free from material defects in material and workmanship. EXCEPT FOR THE PRECEDING WARRANTY SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

    2. You have 48 hours after delivery to inspect the Goods and report any noncomforming or damaged Goods to Obsessed Shades.  Obsessed Shades shall, in its sole discretion, (i) replace such nonconforming or damaged Goods with conforming Goods, or (ii) credit or refund the price paid for such nonconforming or damaged Goods, together with any reasonable shipping You incurred for the return. You acknowledge and agree that this is your exclusive remedy for breach of the limited warranty, and You otherwise have no right to return Goods. All Goods will be deemed accepted unless Obsessed Shades is notified in writing of any nonconforming or damaged Goods within 48 hours, and Obsessed Shades receives the alleged noncomforming or damaged Goods within 5 business days from delivery and in the same condition as the Goods were sent; unworn and with the original tags affixed.

    3. Limitation of Liability.  IN NO EVENT SHALL OBSESSED SHADES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT OBSESSED SHADES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

  5. General.

    All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal or state courts located in Essex County, New Jersey, and You irrevocably submit to the exclusive jurisdiction of those courts.  
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