Shipping & Returns
LEGAL:
NO RETURNS
All of our products are either (a) custom made or (b) designed for cosmetic use. Accordingly, except as expressly set forth in "Disposition of Claims" below, there shall be no returns of any products, or refunds of the purchase price and associated fees and costs thereof.
NO UNAUTHORIZED RETURNS PERMITTED.
DELIVERY OR PERFORMANCE
Unless otherwise specified on the face hereof, all deliveries are F.O.B. point of shipment. Shipment will be made in accordance with instructions issued by Spellbound Originals. Upon delivery of goods to carrier, Buyer assumes risk of all loss and damage resulting from any cause whatsoever. Shipping, delivery or performance dates are approximate and are not guaranteed. Most of our products are created at time of sale, this means that our products are custom-fitted/designed. Please allow appropriate time for your products to be created and shipped to you.
FORCE MAJEURE
Spellbound Originals shall not be liable for any delay or other failure of performance due to causes beyond its reasonable control , including without limitation acts of God, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, terrorism, riot, delays in transportation, or inability to obtain necessary labor, materials, components, equipment, services, energy or utilities through Seller’s usual and regular sources at usual and regular prices. In any such event, Spellbound Originals may, with notice to Buyer, at any time and from time to time without further liability to Buyer (a) postpone its performance under this contract, (b) make partial performance or cancel all or any portion of this contract, or (c) allocate available quantities among its customers in any manner which Seller deems reasonable. Cancellation of any part of this contract shall not affect Spellbound Originals' right to payment for performance of any other part hereof.
LIMITED WARRANTY
Spellbound Originals warrants that the product (s) you have purchased will be from defects in workmanship and materials for 7 days after the date of delivery of any such product to you, provided such product (s) is/are used by you under normal conditions for intended purpose (s). Any product or part thereof which is determined by Seller upon physical inspection (see Disposition of Claims (below) for additional information) to be defective in materials or workmanship will be, at Sellers sole option (a) repaired or replaced or (b) refund the sales price received by Seller for such materials.
LIMITATIONS OF DAMAGES
(A) In no event shall Spellbound Originals be liable for incidental, consequential or special damages arising out of or relating to the transaction herein.
(B) In no event shall the aggregate liabilities of Spellbound Originals to Buyer arising out of or relating to the transaction herein exceed the purchase price paid by Buyer to Seller hereunder of the materials in respect of which such claim is made.
DISPOSITION OF CLAIMS
Spellbound Originals will make a good faith effort for prompt disposition with respect to any claim regarding any product which proves to be defective. Before returning any purportedly defective product, Buyer must submit to Seller the product’s purchase date, original invoice number, a description of any purported defect (s), and obtain return authorization from Seller.
(A) All claims for defects hereunder must be presented to Spellbound Originals within 7 days after delivery to Buyer. Failure of Buyer to give such notice shall constitute a waiver by Buyer of all claims in respect thereto. Spellbound Originals shall have an opportunity of verifying any such defect before materials are used by Buyer. Buyer shall return the defective or nonconforming materials to Spellbound Originals strictly in accordance with Spellbound Originals' instructions concerning shipping, handling, insurance and other matters as to which Spellbound Originals issues instructions. Failure to comply with these provisions shall invalidate any claim by Buyer for defects in materials by Buyer
(B) In no event shall Spellbound Originals be liable for
1) Materials damaged in shipment or otherwise without fault of Spellbound Originals.
2) Defects in materials due to negligence (other than that of Spellbound Originals), accident, abuse, improper care or storage, abnormal condition of temperature or moisture.
3 ) Damage to materials which have been tampered with or altered in any way other than by Spellbound Originals.
4) Expenses incurred by Buyer in attempting to correct any defects in materials without Spellbound Originals prior written consent.
OTHER TERMS AND CONDITIONS MAY APPLY.
