Terms & Conditions
SalonShirts.Com Terms & Conditions of Sales
All sales made by SalonShirts.Com ("Seller") to you ("Customer")
are governed by these Terms and Conditions of Sale unless otherwise
indicated by SalonShirts.Com in writing.
PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN
ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS
AND AGREE TO ABIDE BY THEM. SalonShirts.Com RESERVES THE RIGHT TO AMEND
OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE
DISCRETION.
Sale is Contingent on Customer’s Acceptance of Terms and Conditions
Seller shall not accept Customer’s purchase orders unless and
until Customer consents to these Terms and Conditions of Sale. These
Terms and Conditions of Sale (as set forth on this website) supersede
the terms and conditions of Customer's purchase order(s) and will govern
all transactions between Customer and Seller. These Terms and Conditions
of Sale also apply to all future transactions unless modified in writing
signed by Seller and Customer.
Payment Terms:
Seller accepts payments via PayPal. Company checks will be accepted
only with pre-approved credit. Net terms will be accepted with pre-approved
credit upon credit terms determined by Seller. Customer will be charged
a $25 service charge for any returned check. Custom orders require different
payment terms, as specified below. Pre-paid orders will be charged in
full upon first shipment, even if multiple shipments may occur.
Shipping:
Buyer is responsible for all shipping and freight charges, FOB Seller’s
warehouse. Orders received prior to 4:00 PM (Pacific Standard Time)
will be shipped same day, subject to availability. Inventory will fluctuate
on seasonal items. Orders are normally shipped by USPS or Federal Express.
Seller will ship using a carrier designated by Customer upon request.
Seller will not be responsible for shipping delays caused by a carrier.
Default:
It is understood that should Customer become delinquent in payment,
no further credit will be extended. Seller will charge Customer interest
on all overdue amounts at the rate of 1½% per month (18% per
annum), or the maximum amount allowed by law, whichever is lesser. Customer
will also be responsible for and shall reimburse Seller for any collection
agency fees up to 30% of the balance owed and reasonable attorneys’
fees in the amount of 15% of the balance owed, and all other costs and
expenses which may be incurred by Seller in the enforcement of these
Terms and Conditions of Sale. If Customer's account is insured and Customer's
account is turned over to a receivable insurance company for a claim,
Seller can also charge Customer an additional 30% of the past due balance.
Customer acknowledges that these charges, fees, and expenses are reasonable
under the circumstances as an estimate of the damages Seller is likely
to suffer if Customer defaults in its payment obligations.
Notice of Defects:
Customer is responsible for inspecting the merchandise upon receipt.
Customer shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER’S
RECEIPT OF THE MERCHANDISE of any claims for damages resulting from
late delivery or any defect in the merchandise discovered by Customer,
including, without limitation, claims related to shortages, quality,
or specification. Seller shall not be responsible for shortages when
shipments are directed to a third party other than Customer. UNDER NO
CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH
HAS BEEN ALTERED OR MODIFIED IN MANNER (DYED, PRINTED, EMBROIDERED OR
THE LIKE). Seller shall not be responsible for fallout or loss which
occurs during the garment dye process. Seller urges Customer to periodically
test the merchandise for dyability, printability and other decoration
techniques.
Returns and Cancellations:
Authorized returns and exchanges must be made within 7 days after Customer’s
receipt of merchandise. All returns and exchanges will be subject to
a 15% restocking fee in addition to shipping charges. Seller’s
written authorization must accompany all returned merchandise. No order
can be cancelled once it has been entered into production. Customer
will be responsible for all freight and shipping charges on items returned
that are not the result of Seller’s error.
Obtaining Return Authorization:
In each shipment, a "Return Form" is provided for Customer’s
convenience. For returns less than $1,000.00 total, Customer may call
Seller’s customer service department at 1-888-961-3123 to obtain
the RMA Number (Return Material Authorization Number) to validate this
form. Once received, Customer may simply enter it in the appropriate
field on the form, include it in your shipment and send your return
to us via USPS or Federal Express at:
SalonShirts.Com
Returns Department
269 South Beverly Drive
Suite 1130
Beverly Hills, CA 90212
Customer will receive a credit posted to their account for any such
return once it is received and checked in by Seller’s warehouse.
Customer Acceptance of Late or Defective Merchandise:
Customer’s failure to provide written notice of a claim, as set
forth in these Terms and Conditions of Sale, shall constitute a waiver
of any claim Customer may have for damages resulting from such defects,
including late delivery.
Prices, Quantities, Styles, Colors:
Prices are subject to change without notice. All merchandise will be
shipped at the prices in effect at the time of shipping. SalonShirts.Com reserves the right, at its sole discretion, to change or discontinue
styles, colors, sizes or fabrics. All orders are subject to availability.
DISCLAIMER OF WARRANTIES:
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION
OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED
AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER
AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.
LIMITATION ON LIABILITY:
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER
INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR
SALE OF THE SELLER’S MERCHANDISE.
No Liability for Outside Vendors:
Seller shall not be liable for any work performed by any third party
vendor referred by Seller and hereby waives any right to assert any
claim against Seller for work performed by any other third party or
vendor, including but not limited to claims for negligent referral,
agency, or respondent superior.
Customer's Credit Worsens:
Seller has the right, in addition to other remedies provided by the
law, to terminate any delivery or suspend further deliveries of other
shipments in the event Customer fails to pay for any shipment when the
same becomes due. Should Customer's financial condition become unsatisfactory
to Seller, in Seller’s sole discretion, Seller may require cash
payments in advance or other security satisfactory to Seller prior to
shipment of merchandise.
Special Terms Applicable to Custom Orders:
The following terms and conditions shall apply to custom orders. All
custom orders require a 50% deposit prior to commencing production,
with the balance to be paid upon terms assigned by Seller. No changes
will be accepted once merchandise has entered production. All orders
ship within +/- 5% of the total quantity ordered. Customer will be billed
for actual quantity shipped. All shipping costs are the responsibility
of Customer, FOB Location specified on order confirmation. All customer
order sales are final, based on approval of pre-production sample. No
returns of custom merchandise are allowed. Buyer shall assert claims
for shortages or defective merchandise in accordance with these Terms
and Conditions of Sale. Shipment and receipt dates quoted to Buyer will
be approximate and are not guaranteed. Seller will not be liable for
delays resulting from customs inspection or clearance. Seller adheres
to industry-wide standards on PFD tolerances on critical measurements:
+/- 8% in width and +/- 10% in length. Seller also adheres to industry-wide
standards on piece dye tolerances. All custom dye colors will be within
industry-wide standard tolerance of +/- 15% Seller’s shade band
standard.
Jurisdiction/Governing Law:
Seller is headquartered in the State of California, United States of
America. These Terms and Conditions of Sale shall be governed by and
interpreted under the laws of the State of California (without regard
to its conflicts of laws principles) and the federal laws of the United
States of America. If any provision of these Terms and Conditions of
Sale is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms and Use, which shall remain in full
force and effect.
Customer expressly agrees that exclusive jurisdiction for any dispute
with Seller, or in any way relating to these Terms and Conditions of
Sale, resides in the courts of the State of California and you further
agree and expressly submit to the personal and exclusive jurisdiction
of the courts of the State of California in connection with any such dispute
including any claim involving the merchandise or Seller or its affiliates,
subsidiaries, employees, contractors, officers, directors.
Force Majeure:
Neither Buyer nor Seller shall be liable to the other for delays in
performance of its obligation hereunder caused by acts of God, war (declared
or undeclared), government regulation, terrorism, disaster, strikes,
civil disorder, curtailment of transportation facilities, or similar
occurrence beyond the party's control, making it impossible, illegal,
or commercially impracticable for one or both parties to perform its
obligations under these Terms and Conditions of Sale, in whole or in
part.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this website (including but not limited
to articles, photographs, images, illustrations, audio clips and video
clips) are protected by copyrights which are owned and controlled by
SalonShirts.Com or the party credited as the provider of the material.
The entire contents of this website are also copyrighted as a collective
work under the United States copyright laws, and the selection, coordination,
arrangement and enhancement of such content are protected by copyright.
You shall abide by all copyright notices and other restrictions contained
in any material accessed through the website. No material from this
website or any website owned, operated, licensed, or controlled by SalonShirts.Com may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy of
the materials on any single computer for your personal, noncommercial
home use, and may print one hard copy of the material on this website
for your personal, noncommercial use, provided you keep intact all copyright
and other proprietary notices. You acknowledge that you do not acquire
any ownership rights by downloading or printing copyrighted material.
Modification of the materials or use of the materials for any purpose
other than personal, noncommercial use is a violation of the respective
owners' copyrights and other proprietary rights. The use of any such
material on any other website or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to SalonShirts.Com or the other designated owner of a posted mark. Elements of
this website are protected by trade dress and other laws and may not
be copied or imitated in whole or in part.
Miscellaneous:
These Terms and Conditions of Sale constitute the entire agreement between
Seller and Customer, superseding any prior agreements between Customer
and Seller. The failure of Seller to exercise or enforce any right or
provision of these Terms and Conditions of Sale shall not constitute
a waiver of such right or provision. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to these Terms and Conditions of Sale must be filed
within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in these Terms and Conditions of
Sale are for convenience only and have no legal or contractual effect.
Questions and Comments:
Thank you for reading and agreeing to these Terms and Use.
Please direct any questions or comments regarding the Terms and Conditions
of Sale by electronic mail to info@salonshirts.com or by standard mail
to Seller at:
Salon Shirts
Customer Service
269 South Beverly Drive, Suite 1130
Beverly Hills, CA 90212
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