STANDARD TERMS AND CONDITIONS OF SALE
PLEASE READ THESE STANDARD TERMS AND CONDITIONS OF SALE (“TERMS AND CONDITIONS OF SALE”) CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
Modification. This Order can only be accepted upon the terms and conditions stated herein. No variations in any of the terms and conditions, irrespective of the wording of Buyer’s acceptance, nor any additional or different terms proposed by Buyer, will be effective without Seller’s written consent.
Order Acceptance and Cancellation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and the total amount of your order will be adjusted accordingly.
Quantity and Businesses. We reserve the right to limit the quantity of products purchased per order based on stock availability. In the event that you intend to order more than 100 items, please contact us at: email@example.com
For purchase orders from businesses, please contact us by email at: firstname.lastname@example.org
Payment Terms, Sales Taxes, and Ownership. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept VISA, MasterCard, American Express credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the annual rate of eighteen percent (18%) or the highest rate allowed by law, whichever is higher. We retain ownership of the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
If you are under 18 years old, you must obtain parents’ permission to make a purchase.
Changes in Products and Pricing. We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Certain weights, measures and other product descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual image you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. Buyer acknowledges natural variations in the products may exist and are to be expected. Buyer agrees to accept all natural variations as they may exist.
Processing and Shipping Policy. Products on our Site are subject to availability and delays may sometimes occur that are outside of our control and consequently any dates specified for processing or delivery are approximates only. We make all reasonable efforts to process your Order within three to four (3-4) business days after receipt of your payment. This processing time is an estimate only and not a guaranty that your order will be processed within that time.
We offer a variety of shipping options to meet your shipping needs. We use only carriers USPS and UPS with Priority and standard delivery options available for many items. Please check the individual product page for specific delivery options. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. The posted shipping time frame is an estimate and not a guaranty.
Estimated processing and/or shipping time may vary from item to item and/or based on the carrier and delivery option you selected. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
There may be occasional delays beyond the posted order processing time. If the delay is more than seven (7) business days, we may send you an e-mail message notifying you of the delay. If the delay will be less than seven (7) business days, we will ship the product as soon as it is received. If your product is on backorder for more than ten (10) business days, we may send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries periodically until the order is cancelled or delivery occurs. These shipping terms are accepted by you by placing an Order with us.
Upon delivery of the products, you must inspect the goods within a reasonable time and you will be deemed to have accepted the goods unless within seven (7) calendar days after receipt of the goods, you notify us at email@example.com that you would like to return the product as set forth in Section 8 below. If you fail to notify us as provided above, the products will be deemed satisfactory and accepted by you.
Return Policy. Unless a product is defective (as explained below), you may return a product provided that the packaging is unopened and you return said product to us with its original packaging within seven (7) days after receiving the product, at the address listed below.
A product may be defective if a product is broken in crumbs. If a product is defective under the preceding sentence, said product can be returned directly to us within seven (7) days after receipt of said defective product. Any product so returned must be accompanied with its original packaging. Misaligned logo or product name stamps, variations in color, shape, or similar features are not considered a defect.
Opened, used and/or damaged products cannot be returned to us. Any item that is missing the UPC cannot be returned.
If a product purchased from this Site is received defective, we may, in our discretion, refund, credit, replace or exchange said product, provided that you return said products to us, with their original packaging within seven (7) days after receiving them, at the address listed below.
Products returned pursuant to these Terms and Conditions of Sale shall be sent to the following address:
Afia Soap Inc.
175 W. Arrow Highway
Glendora, CA 91740
You are responsible for shipping costs of any returns. We do not refund shipping costs.
Disclaimer, Limitation of Liability. Our responsibility for defects relating to the products and services available on our Site is limited to the procedures described in our return policy set forth below.
ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEB SITE ARE SOLD “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT, ALL WARRANTIES ARISING FROM COURSE DEALING, USAGE OR TRADE PRACTICE, OR ANY LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WITHOUT WAIVING OR LIMITING THE FOREGOING, WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, IF APPLICABLE.
WITHOUT WAIVING OR LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL ACHIEVE ANY INTENDED RESULT; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE.
IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, DELAY COSTS, DOWNTIME, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, LOSS OF BUSINESS OPPORTUNITY, OR FOR INCIDENTAL, PUNITIVE OR EXEMPLARY, INCIDENTAL, LIQUIDATED, PENAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES IS AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
YOU AGREE THAT THE CONSEQUENTIAL LOSS EXCLUSION FUNCTIONS INDEPENDENTLY FROM THE TERMS OF THE LIMITED WARRANTY STATED ABOVE. YOU AGREE THAT THE CONSEQUENTIAL LOSS EXCLUSION WILL REMAIN IN FULL FORCE AND EFFECT AND VALID EVEN IF IT IS DETERMINED THAT THE WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT SELLER HAS SET ITS PRICES AND ENTERED INTO THE TERMS AND CONDITIONS OF SALE IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN BUYER AND SELLER, INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. SELLER AND BUYER AGREE THAT THE LIMITED REMEDY, LIMITATIONS AND EXCLUSIONS OF LIABILITY, AND DISCLAIMERS SPECIFIED IN THESE TERMS AND CONDITIONS OF SALES WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
WITHOUT LIMITING THE PARTIES’ CHOICE OF JURISDICTION AS DESCRIBED IN SECTION 14, SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES AND INVALIDATES THE FOREGOING, IN WHICH EVENT YOU COVENANT AND AGREE THAT THE FOREGOING DISCLAIMED LIMITED WARRANTY AND LIMITED REMEDY SHALL APPLY TO THE MAXIMUM EXTENT ALLOWABLE BY LAW.
[Buyer’s Initials or website/electronic equivalent]
Questions regarding our warranty and return policies should be addressed via e-mail to firstname.lastname@example.org or by regular mail to
Afia Soap Inc.
175 W. Arrow Highway
Glendora, CA 91740
These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site.
Indemnification. Buyer agrees to hold Seller harmless from any and all claims, liability, loss, damages, and expenses, including attorneys’ fees and court costs, actually or allegedly caused by, or contributed to, or arising from improper storage or misuse of Seller’s products.
At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Entire Agreement and Other Documents. These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions of Sale, these Terms and Conditions of Sale shall take precedence.
Governing Law and Statute of Limitations. This Site (excluding linked site) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of Buyer and Seller agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Buyer and Seller agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to such matters.
To the fullest extent permissible under applicable law, any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
Should any term, condition or provision of these Terms and Conditions of Sale be deemed unenforceable or void by a court of competent jurisdiction, then the remainder of these Terms and Conditions of Sale shall remain in effect and shall be binding upon the parties.
Limitation on attorney’s fees. If either party brings an action or proceeding to enforce the terms of these Terms and Condition of Sale or declare rights under this these Terms and Condition of Sale, the prevailing party in any such action, proceeding, trial or appeal will be entitled to its attorneys’ fees not to exceed One Thousand Five Hundred Dollars ($1,500).
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.