THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SALON SELAVY, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Terms and Conditions of Online Sales (the "Terms") apply to the purchase and sale of products and services through our website, accessible at the domain: www.selavy.com (the "Site"). These Terms are subject to change by Salon Selavy, LLC (referred to as "seller", "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced below. You ("you" or "buyer") should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
RISK AND TITLE
- Risk of loss for the purchased product passes to the buyer on the earlier of (i) delivery to the buyer, if seller is making arrangements to ship the product to the buyer, or (ii) pick up of the product from the seller, if the buyer or its agent (including the buyer's shipper) is handling shipping of the product from the seller. The buyer should make appropriate arrangements to fully insure the product referenced in the applicable order receipt and invoice prior to delivery or pick up, as applicable. The seller agrees to insure the sold product while it is in transit to the buyer or its designated delivery address, unless otherwise noted in writing. Such insurance liability shall cease upon delivery to the buyer or its designated delivery location. Any loss or damage that may have occurred in transit must be reported to the seller within fourteen (14) days of delivery of the product, and any claims for loss or damage submitted after such date will not be considered by the seller or its insurance company. If the buyer appoints its own agent to handle the shipping of a product, the buyer and its agent (including the buyer's shipper) shall be deemed to have assumed liability for any loss or damage to the product from and after the time they take physical possession of the product. The seller will not be liable for loss or damage once the purchased product is released to the buyer or its agent.
- Title to the product described in the applicable order receipt and invoice shall not pass to the buyer unless and until the amount shown on both the order receipt and respective invoice has been paid in full.
- The buyer's order is an offer to buy, under these terms and conditions, all products and services listed in the order. All orders must be accepted by the seller or the seller will not be obligated to sell the products or services to buyer. The seller may choose not to accept orders at its sole discretion, even after it sends the buyer a confirmation email of the order placed.
- The price of the product that is listed on the Site is not inclusive of taxes, customs, duties, shipping, handling, and delivery costs. Following the placement of an order by the buyer, the seller will contact the buyer to determine the applicable taxes and to arrange shipment and delivery and to calculate the applicable costs therefor. The buyer is responsible for all taxes, customs, duties, shipping, handling, and delivery costs. The price of the product, including such taxes and costs that may be due, is to be paid in full without deduction prior to the time of delivery by wire transfer or a bank check acceptable to the seller unless another method of payment is agreed upon. If payment by check is accepted, that acceptance is conditional upon payment in full on first presentation. No product will be shipped unless and until payment has been received by the seller from the buyer in full in good and cleared funds. The buyer represents, warrants and covenants that all information it has provided or will provide to the seller is or will be true, correct and complete in all respects.
- Time for payment shall be of the essence of these terms and conditions. All sums due which are not paid in a timely fashion will bear interest at the rate of 6% per annum above the Prime Rate, as defined herein. For purposes of these terms and conditions, the Prime Rate shall be the current Federal Prime Rate listed at http://www.wsj.com/mdc/public/page/2_3020-moneyrate.html. Such interest rate shall change as of the date of any change in such "prime rate" without notice to the buyer.
- If the buyer fails to pay the full amount set forth in the applicable order receipt and invoice in accordance with these terms and conditions, or if at any time before payment in full an act or proceeding occurs or commences whether in the United States or elsewhere involving the buyer's solvency (including, the commencement of a bankruptcy petition or winding up petition or the convening of a meeting to wind up voluntarily or application for interim order for a voluntary arrangement or for the appointment of an administrative or other receiver) or if the buyer does or fails to do anything which may in any way imperil the title of the seller to the product, then the seller may at any time cancel the sale with or without notice.
LIABILITY OF SELLER
- The seller warrants that it has a right to sell the product. In the event of a breach of the foregoing warranty, or if the product is reasonably determined by the seller in its professional opinion not to be an authentic item by the artist identified on the applicable order receipt and invoice, then the seller, at its election, shall have the right to rescind the sale of the product, in which event the buyer shall return the product to the seller in the same condition as when sold to the buyer, the seller shall refund the purchase price to the buyer in full, and thereafter neither party shall have any further rights or obligations to the other party under this agreement or otherwise with respect to the product. OTHER THAN IN ACCORDANCE WITH THE IMMEDIATELY PRECEDING SENTENCE OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, ALL SALES ARE FINAL AND NO REFUNDS SHALL BE ISSUED BY THE SELLER TO THE BUYER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PRODUCT IS BEING SOLD BY THE SELLER IN ITS "AS IS" CONDITION, WITHOUT ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITION, VALUE, OR PROVENANCE. The buyer and the seller acknowledge that it is unreasonable that the seller should be subject to liability for an unlimited period of time and agree that all liability of the seller to the buyer and all rights of the buyer against the seller in relation to the product howsoever arising and of whatever nature shall cease after the expiry of four years from the date of delivery of the product to the buyer.
CHOICE OF LAW, JURISDICTION
- These terms and conditions will be governed by and construed in accordance with the laws of the State of New York.
- In the event of any dispute hereunder, (i) the parties hereby consent to the exclusive jurisdiction of the courts of the State of New York and Federal courts of the United States of America located in the Borough of Manhattan, and (ii) neither party shall be liable to the other for any special, consequential, or incidental damages.
- The buyer shall not be entitled to the benefit of any set-off and sums payable to the seller shall be paid without any deduction whatsoever. In the event of non-payment, the seller shall be entitled to obtain and enforce judgement without determination of any cross claim by the buyer.
- The benefit of these terms and conditions and any of the rights granted hereunder shall not be assignable by the buyer.
12. Any notice pursuant to or in connection with these terms and conditions shall be in writing and shall be sent by mail to the seller's registered office at the time of posting and in the case of the buyer to its last known address, and shall be deemed to have been delivered on the third day after posting.
13. No amendment, modification, or waiver of any of the terms and conditions herein may be made, except in writing signed by the buyer and the seller. These terms and conditions do not and are not intended to confer any rights or remedies upon any person other than the buyer.
16. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions or regulations, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, disease, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, including without limitation arising out of or related to COVID-19 and related health matters, or other unforeseeable events, whether similar or dissimilar to any of the foregoing, beyond our control and against which it would have been unreasonable for us to take precautions and which we cannot avoid even by using our best efforts.
18. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
These Terms were last modified as of July 22, 2020.