TERMS AND CONDITIONS OF SALE
(a) Invoices are due and payable in accordance with the items listed on the front of this invoice, which if not listed default to COD payment. An interest charge of 1.5% per month will be added to past due accounts. All legal, court costs, and service charges incurred in collecting payment will be an expense of and charged to the Buyer.
(b) All checks are accepted Subject to collection, and Buyer agrees to pay all collection costs, including reasonable attorney fees. Any checks received from Buyer may be applied by The Elegant Kids 2000, Inc. against any obligation of Buyer to The Elegant Kids 2000, Inc. under this or any other agreement, notwithstanding any statement appearing on or referring to such chock.
In the event a check is returned by the customer's bank as uncollectible, there shall be a charge of $15.00 per check returned in addition to any other charges that may be incurred. All legal, court costs, and service charges incurred in collecting payment will be an expense of and charged to the purchaser.
Unless otherwise noted, delivery will be made F.O.B. The Elegant Kids 2000 Inc.'s Warehouse at 1844 East 22nd Street, Los Angeles, California, USA, with shipping charges paid by Buyer. Buyer bears all costs (including but not limited to insurance, freight, custom, duty, & other expenses) and risks of loss of or damage to the goods from that point. Risk of loss passes to Buyer upon delivery by The Elegant Kids 2000, Inc. to common carrier. Buyer is responsible to inspect conditions and contents of merchandise prior to delivery. No claim for shortages or irregularities will be allowed under any circumstances. Shipment is considered delivered when it is signed for by anyone at the address Buyer specifies. It is Buyer’s responsibility to acquire the item from the signer. The Elegant Kids 2000, Inc. reserves the right to abandon any delivered package(s) and WILL NOT BE RESPONSIBLE for any refund.
In no case are goods to be returned without first obtaining written permission from The Elegant Kids 2000, Inc. An R.M.A. (Returned Merchandise Authorization) number issued by The Elegant Kids 2000, Inc. must accompany all returned goods. Goods accepted for credit upon return will be Subject to a 15% restocking charge. Shipping charges are not refundable. Goods will only be accepted provided all original packaging are still present. Custom-made, repacked and special ordered goods are not subject to return/refund under any circumstances. Goods Must be securely packed and delivered to The Elegant Kids 2000, Inc. in an undamaged condition, with Buyer being solely responsible for paying all return freight expenses. All returned goods are subject to exchange only – no refunds or chargebacks are allowed.
A 15% restocking fee will be charged for all merchandise returned. Merchandise will only be accepted, provided all original packaging and materials are still present.
Unless otherwise agreed to in writing, title to the goods shall remain with The Elegant Kids 2000, Inc. until all payments hereunder have been made.
The liability of The Elegant Kids 2000, Inc., if any, for damages relating to any allegedly defective product shall under any legal theory be limited to actual price paid for such product and shall in no event include incidental or consequential damages of any kind, even if The Elegant Kids 2000, Inc. is notified of the possibility of such damages.
Seller will make every effort to complete shipment but shall not be liable for any loss or damage, for delay in delivery due to causes beyond its reasonable control, including, but not limited to fire, acts of God, acts of public enemy, or acts of governmental bodies.
ALL SHIPMENTS ARE FINAL – no returns, no refunds, no exchanges are allowed. The Elegant Kids 2000, Inc. is not responsible for any loss or missing products. Buyer assumes all responsibilities and risks involved with International Shipments. Any claims must be made by the Buyer to the shipping company. The Elegant Kids 2000, Inc. is not able to provide destination country tax and duty charge if occurred. Buyer is responsible for any customs duties, taxes, and any other fees that may be due upon delivery. It is a federal crime to exclude or alter invoice amount on all international shipments.
The Elegant Kids 2000, Inc. strives to keep our information up to date and accurate as possible. Products sold by The Elegant Kids 2000, Inc. are designed to meet applicable US safety standards and regulations. The Elegant Kids 2000, Inc. cannot guarantee that all such products meet applicable requirements in each locality outside the United States. Buyer assumes responsibility for compliance with such safety standards and regulations in those localities in which the products will be shipped, sold and used.
BUYER'S TERMS AND CONDITIONS
The Elegant Kids 2000, Inc. desires to provide its Customers with prompt and efficient service. Accordingly, goods furnished by The Elegant Kids 2000, Inc. are sold only on the terms or conditions stated herein. Notwithstanding any terms or conditions on Buyer's order, The Elegant Kids 2000, Inc. performance of any contract is expressly made conditional on Buyers agreement to The Elegant Kids 2000, Inc. Terms and Conditions of Sale, unless otherwise specifically agreed to in writing by The Elegant Kids 2000, Inc. In the absence of such agreement, commencement of performance and/or delivery shall be for Buyers convenience only and shall not be deemed construed to be acceptance of Buyer's Terms and Conditions, or any of them. Also, signature acknowledging acceptance of Seller's terms is not required. The Elegant Kids 2000, Inc. has the right to refuse or cancel orders that were incorrectly listed or priced. By placing order Buyer is agreeing to The Elegant Kids 2000, Inc.’s all terms & conditions.
If a contract is not earlier formed by mutual agreement in writing, acceptance of any goods or services shall be deemed acceptance of the terms and conditions stated herein.
This agreement and performance by the parties hereunder shall be construed in accordance with the laws of the United States of America and the State of California. All agreements, covenants, conditions and provisions contained herein still apply to and bind the assignees and successors in interest of Buyer. If any provision or portion of this agreement is held to be invalid, illegal, unconscionable, or unenforceable, the other provisions and portions hereof shall not be affected. The several captions used herein are for the convenience of the parties only and shall not affect the construction or interpretation hereof.