Sales Terms & Conditions - Footwear by Footskins
GENERAL TERMS AND CONDITIONS: All
sales of goods and services by Footwear By Footskins (hereinafter
"Seller") shall be governed by these Terms and Conditions ("Terms")
notwithstanding any other terms or conditions on buyer's ("Buyer") order
or quotation form. Seller's performance is expressly made conditional
on Buyer's agreement to these Terms and shall not be deemed or construed
to be acceptance of any of Buyer's terms and conditions. If Seller and
Buyer do not otherwise enter into a separate written agreement, the
purchase of any goods or services by Buyer shall be deemed acceptance of
these Terms.
PRICING AND PAYMENT: Seller reserves
the right to change prices, specifications, and manufacturers/suppliers
without notice. Seller shall not be responsible for, and reserves the
right to correct, errors in pricing or other errors appearing on its
site. Prices on orders accepted by Seller are subject to Buyer paying
all federal, state, local or other applicable taxes or duties either
directly or indirectly by increased costs. If Buyer shall fail to make
payments on any purchase in accordance with the Terms, Seller may defer
future shipments until such payments are made or may, at its option,
cancel the balance of any unshipped order. Seller reserves the right to
refuse all orders deemed unacceptable by reason of terms of payment,
financial responsibility, or other business reasons, in its sole
discretion. In addition to the total purchase price, Buyer expressly
agrees to be liable for interest at the maximum allowable rate under
applicable law on past due accounts, and for collection cost, including
attorneys' fees, court and any other costs involved in the collection of
past due accounts. Seller retains, and Buyer hereby grants a security
interest in the goods, including all accessions to and replacements of
the goods until Buyer has made payment in full. Buyer shall cooperate
fully with Seller in executing such documents, including a Uniform
Commercial Code financing statement and accomplishing such filing,
and/or recordings thereof, as Seller may deem necessary for the
protecting of such security interest.
SELLER'S WARRANTY AND LIABILITY: The
goods or services sold by Seller may not be warranted by Seller but
instead may be warranted by a third party manufacturer. Any description
of the goods provided to Buyer is for illustrative purposes only and is
not part of the basis of the bargain nor does it constitute a warranty
that the goods shall conform to the description. The provision of any
warranty does not apply to any goods which have been used for a purpose
for which they were not designed, which have been altered in any manner,
used in any way as to adversely affect their performance and
reliability, or which have been subject to misuse, neglect, or accident.
UNLESS OTHERWISE SPECIFICALLY PROVIDED, SELLER SELLS THE GOODS AND
SERVICES WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE. SELLER
DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SELLER'S LIABILITY TO
BUYER EXCEED THE AMOUNT PAID FOR THE GOODS BY BUYER. SELLER SHALL NOT
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY).
BUYER'S WARRANTY: Buyer represents
and warrants that it is legally able to enter into the proposed
transactions with the Seller, that it will pay its debts as they become
due, is presently paying its debts in the ordinary course of business,
and is not insolvent within the meaning of the federal bankruptcy laws.
Buyer agrees to comply with all applicable laws and regulations and will
hold harmless and indemnify Seller for any damages resulting to Seller
from any breach of these Terms.
SHIPPING: Seller offers shipping to
The United States, Canada and other countries. Some products, due to
manufacturer's export regulations, may not be shipped to Canada. Seller
attempts to screen all products for which this rule applies, however,
Seller reserves the right to deny shipment of products that have been
ordered, but are later found out to be on the non-export list. Seller
will ship all orders via the methods indicated. Title to all goods shall
pass to Buyer upon delivery to a common carrier. If Buyer refuses to
accept shipment for any reason, Seller is entitled to be compensated for
all shipping charges and a processing fee of 15% of order value (but in
no case less than $5.00). Seller shall have the right to have any goods
delivered to Buyer at one time or in portions from time to time.
RETURNS AND EXCHANGES: We will
replace or refund within 30 days provided that the footwear does not
show wear. Our footwear is guaranteed against defects in workmanship.
No returns or refunds on custom items. We reserve the right to refuse returns on any "special order" items or any items not returned in "like new" condition. Buyer will pay return shipping. Refer to Return Policy for contact information.
DISPUTES: All disputes concerning
the goods, not otherwise resolved between Seller and Buyer, shall be
resolved in a court of competent jurisdiction for the location of the
Seller's place of business unless expressly agreed to by Seller in
writing. The prevailing party in such action shall be entitled to
recover reasonable attorney's fees and costs incurred. Buyer may bring
no dispute more than one (1) year after the date of sale of the product
to which the dispute relates. The Terms and performance by the parties
hereunder shall be construed in accordance with the laws.
MISCELLANEOUS: Seller shall not be
liable for any failure to perform due to causes beyond the reasonable
control of Seller. These causes shall include, without limitation, acts
of God, acts or omissions of Buyer or any third party, delays in
transportation or inability to obtain necessary labor, materials or
supplies.
service@footwearbyfootskins.com
