TERMS AND CONDITIONS
This agreement, including any attachments hereto, shall constitute buyer’s offer to seller and shall become a binding contract of the terms and conditions set forth herein upon sellers acceptance thereof by either acknowledging this order or by the commencement of performance. Acceptance of this order is expressly limited to the terms and conditions hereof, and no term or condition stated by seller in accepting this order shall be binding upon buyer if such are in conflict with, differ from or are in addition to the terms and conditions herein, unless expressly accepted in writing by the buyer.
On all purchases designated on the face hereof from the seller, buyer hereby agrees to comply with the following terms and conditions. Seller’s acceptance of buyer’s purchase orders is expressly conditioned on buyer’s agreement to these terms and conditions. This invoice is a complete and exclusive statement of the agreement between buyer and seller. There are no other terms, written or oral, other than those herein. This agreement may be modified only by written agreement of the parties. Should any part of this agreement be determined to be invalid or unenforceable, all other parts of this agreement shall remain in full force and effect.
All orders are credit card, paypal, net terms, or wire (international only). Net terms are available with approved credit application and financial references. If the seller is not paid within the net terms, the company/customer agrees to pay for any and all interest, late fees, postage fees, document fees, legal fees, collection fees, and any legal filing fees pertaining to collection efforts made by the seller in collecting any and all past due monies including interest charges or unauthorized returns or deductions not agreed upon in writing by the seller. Bad checks are liable for up to 3 times the amount of the check. If at any time the financial responsibility of buyers becomes impaired or is inadequate to meet buyer’s obligation to seller, seller may suspend shipments for which seller has not been paid, reduce buyer’s line of credit or change payment terms and require payment in cash and/or take any other appropriate steps to protect seller’s interest.
Delivery: (See Shipping Policy)
Terms are F.O.B. Los Angeles, California. The customer will pay shipping and handling charges on all shipments and back-orders. Goods will be sent by the seller’s regular method of shipment (normally UPS ground) unless noted by the buyer on purchase order of other method preferred. Seller will ship ordered goods according to the “ship as ready” date and “ship by” date unless so instructed by the buyer. Buyer is responsible for determining said dates according to the earliest and latest dates on which buyer will accept delivery of the goods ordered by the buyer. Seller’s sole responsibility is to ship ordered goods, subject to their availability, within the period specified by buyer. Seller shall not be liable for any failure to deliver here under, where such failure has occurred due to war, fire, embargo, civil strife or labor relations problems, failure of manufacturer to produce ordered goods in amounts requested by seller, act of GOD, governmental rules, restriction, regulations, etc. or any other circumstances not herein enumerated which prevent seller from making deliveries in the normal and usual course of seller’s business. Title and risk of loss pass to buyer when ordered goods are placed in the possession of the carrier by seller and buyer shall pay all freight charges and insurance costs from that time onward. All disputes as to goods lost or damaged after delivery by seller to carrier shall be resolved directly between buyer and the carrier.
Claims for defective Goods:
All claims for alleged defects in goods shall be deemed waived unless made in writing and delivered to seller within 5 days after buyer has received the goods. the seller reserves the right in its sole discretion, to remedy any claimed defect in the goods or to substitute other goods therefore. Under no circumstances shall the seller be obligated for consequential or other damages, losses of expense in connection with, or by reason of the use goods purchase. No returns shall be accepted without a preapproved authorization return and shipping instructions from the seller. Seller is not obligated to accept any goods which are unauthorized returns by buyer, and seller may return unauthorized returns to buyer at the buyer’s sole expense. All return shipments to seller must be accompanied with detailed packing list showing seller’s style number, number of units by style, and total dollar amount of claim in shipment. Failure to do so may result in buyer being assessed a handling charge of not less than $10.00 nor more than 5 percent of the purchase price paid for said goods by buyer. All sales are final for goods on closeout (sale).
Please submit any cancellation via email to email@example.com Email cancellations must contain the following: company name, contact person, order number, and email address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to canceling your order. Every effort will be made to accommodate the cancellation of your order, providing your order has not been charged and/or shipped out. In the event that a cancellation was submitted (via email, no phone calls please), and your order was shipped out after, we will gladly refund the complete balance charged once the merchandise has been returned including the shipping costs. However, if the cancellation was documented as received after the order was shipped, we will refund the merchandise after it has been returned minus the shipping costs.
Seller makes no warranties except as required by federal or state laws, as to merchant ability or as to the usage of goods for any particular use, and seller shall not be liable for any loss or damage, directly or indirectly, arising from the use of such goods or for consequential damages.
Refunds Policy: (See Returns Policy)
Any refunds will be made in the form of credit to your account towards your next order. No cash or credit card refunds will be made. Full account credit will be applied if the goods returned are due to the wrong items being shipped. A replacement item of the same type and style will be made for any goods that are deemed defective due to the manufacturing of the goods. Partial account credit will be applied if the return is past the 5 day return policy, or if the goods show obvious signs of use. All sales are final for goods on closeout (sale).
Should any items/sizes in your order be out of stock we will refund for them while processing your order. However, should a style be out of stock on certain sizes, we cannot honor requests to refund the remaining sizes in stock.
Merchandise is subject to change or withdrawal without notice. All orders or contracts are accepted with the understanding that they are subject to the seller’s liability to obtain the necessary raw materials, and all orders or contracts as well as shipments applicable thereto are subject to the seller’s current manufacturing schedules, orders, directives and restrictions that may be in effect from time to time.
Upon acceptance of the Be Wicked Image Authorization Agreement, we gladly offer all the images pictured in this catalog for your use and free of charge.
Buyer hereby indemnify, defend and hold harmless the seller and its affiliates, and all officers, directors, owners, agents from and against any and all liability and responsibility for any harm, injury, death, damage or loss suffered by any individual in any manner caused by any of the goods covered by this agreement. Buyer hereby indemnify, defend and hold harmless the seller and its affiliates, and all officers, directors, owners, agents from any and all claims, demands, lawsuits, proceedings, liabilities, losses, damages, costs, including, without limitation, reasonable attorney’s fees and court cost, incurred by the indemnified par ties in connection with any claim arising out of any breach by you of this agreement.
This agreement is a security agreement granting to seller as secured party, a security interest in all goods sold to buyer, as debtor, and until all goods are paid for in full, seller shall have all the rights and remedies of a secured par ty under Article 9 of the Uniform Commercial Code, as adopted in the state(s) where buyer is located and/or where said goods are to be sold. Buyer on seller’s request will promptly execute a UCC Financing Statement covering said goods and proceeds thereof, so that seller may file the same to protect and perfect seller’s security interest. Failure to comply with any term of this agreement is an event of default. Upon any such default and upon written demand buyer shall assemble the goods of which the seller has not been paid in full and make them available to seller at the time and place designated in seller’s demand. Failure of the seller to enforce any term of this agreement does not waive seller’s right to subsequently enforce the terms hereof and declare a default.
Seller represents and warrants that the goods covered by this agreement have been produced and sold in compliance with the requirements of all applicable federal, state and local laws, rules and regulations, but without limiting the generality or the foregoing practice rules of the Federal Trade Commission and the Textile Fiber Products Identification Act.
Buyer shall indemnify and hold seller harmless from and against any and all claims, demands, lawsuits, proceedings, liabilities, losses, damages, costs and expenses (including attorney’s fees), arising out of any actual or alleged trademark, patent, copyright or trade secret infringement with respect to any of the goods covered by this agreement.
This agreement, and the respective rights and obligations of the seller and buyer hereto, may, at the creditor’s discretion, be governed and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws. Any dispute arising between the seller and the buyer, including those related to the buyer’s use of any products purchased from the seller, may, at the creditor’s discretion, be venued in any state or federal court located in the County of Los Angeles, State of California.
California Prop. 65 WARNING:
To our California customers, in accordance with Proposition 65 requirements, we issue the following warning: "WARNING: Costume & wig product and packaging contains chemicals that are known to the State of California to cause cancer, birth defects, or other reproductive harm." For details, visit oehha.ca.gov/prop65/p65faq.html
Revised: June 26, 2017 Be Wicked Inc.