TelaModa Terms of Sale
Effective as of: 7/20/2015
These Terms of Sale are part of the agreement between TelaModa, LLC (“TelaModa”, “we”, “us” or “our”) and each visitor or registered user (each, a “user” or “you”) concerning the purchase of a good from the Website, www.telamoda.com.
This Agreement sets out the legally binding terms and conditions for any purchase of a good directly from the Website. We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Website. You agree to be bound to any changes to this Agreement when you use Website after any such modification is posted.
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
- Purchaser Requirements.
- Accurate Information. You agree that all information you submit, such as name, address, and payment information, concerning the sale is truthful and accurate; and you represent and warrant that you are authorized to use the payment information and that there are sufficient funds to cover the cost of the goods.
- Age and Payment Type. You agree that you are over 18 years of age and that you possess a valid credit or debit card issued by a bank acceptable to us.
- Pricing. While we try and ensure that all details, descriptions and prices, which appear on this Website, are accurate, errors may occur. If we discover an error in the price of any goods, which you have ordered, we will inform you of this as soon as possible and give you the option of confirming your order at the corrected price or cancelling your order. If we are unable to contact you, we will cancel the order. If you cancel because of a pricing issue after having paid for the goods, you will receive a refund.
Delivery costs will be clearly displayed and will be charged in addition to the cost of the goods. Delivery costs are non-refundable.
The cost of products and services may fluctuate. All prices advertised are subject to such changes.
- Order. We retain the right to refuse any order made by you. All orders are subject to availability and confirmation of the order price. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order — this email will only be an acknowledgement and will not constitute acceptance of your order. Acceptance occurs when we send you an e-mail confirmation that the goods identified in the e-mail have been dispatched to you.
- Payment. Upon receiving your order, we perform a standard authorization check on your payment information to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been sent and you have been sent a confirmation email the monies paid, as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
- Delivery. Your goods will be sent according to the method you have selected. Delivery times will vary according to delivery method selected and is subject to possible delays resulting from Force Majeure events for which we will not be responsible. A force majeure event is an event or occurrence beyond a party’s reasonable control such as, by way of example and not by way of limitation, acts of God, actions by governmental authority (whether valid or invalid), failure of the Internet, fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage or labor problems.
Unless otherwise agreed to by the parties, all shipments are F.O.B. the original shipping point and risk of loss shall pass to you at such time as possession of the goods is given to the delivery company. Unless otherwise agreed to in writing by the parities, we will not insure the goods in transit to you.
Goods will be delivered in TelaModa’s standard packaging that is acceptable to the delivery company. Special packaging will be furnished only when agreed in writing and you accept the additional charges for special packaging.
- Customer Inspection. Upon your receipt of shipment, you agree to immediately inspect the goods. Unless you provide TelaModa with written notice of any claim for defects by e-mail at firstname.lastname@example.org within 72 hours (3 days) after receipt of shipment, such Goods shall be deemed fully inspected, checked and accepted by Customer.
- Return Policy for Non-Customized Goods. You have 72 hours from the delivery date to request a return. To be eligible for a return, your good must be unused and in the same condition that you received it. It must also be in the original packaging. To request a return, please e-mail us at email@example.com with your order number, TelaModa’s order and invoice numbers, and the date the good was received. Before a good may be shipped to us, we need to provide you with a return authorization code. Any goods returned without such a code will not be accepted. Non-Customized goods must be shipped within 3 business days from the return authorization date. Further, you are responsible for paying for your own shipping costs for returning your good. Additionally, we suggest that when you return a good, you sent it with some form of tracking.
- Refund Policy. Once your returned good is received and inspected, we will send you an email to notify you that we have received your good. We also will notify you of the approval or rejection of your refund. If your good meets our standards, determined in our sole discretion, then a credit will automatically be applied to your original method of payment. Please note that the original shipping costs are non-refundable, and there is a 15% restocking fee based on the value of the good. If your good is damaged or unsalable, then your credit will be reduced by the cost of repairs or salvage value.
- Cancellation of Order. Other than a cancellation due to a pricing error (see Section 3), orders cannot be cancelled, terminated or modified, nor can a delivery be deferred after your order has been accepted, except with TelaModa’s written consent. TelaModa’s written consent will only be given upon payment of reasonable charges for any expenses incurred by TelaModa in processing the order, including without limitation, the 15% restocking fee based on the value of the good.
- Custom Goods. All special orders, customer customized items, or goods manufactured to order, or art created on customer personal items (“Custom Orders”) are final sales, and not returnable nor refundable. Such Custom Orders cannot be cancelled and deposits cannot be refunded, once you have approved the Custom Order. Payment in full is required at the time of order.
A fee of $250 is charged for any request of a visual mock up of possible art designs for each good requested by customer. For this fee, TelaModa will create 5-10 visual mock-ups for your consideration. If you need additional visual mock-ups, TelaModa charges $100 for every 5 mock-ups. The mock-up fees will be deducted from the cost of the Custom Order.
- Color and Art Variations. Art is unique. You accept that the appearance and color of the goods, non-customized and Custom Order, may not look identical to the images on your computer monitor and that some variation due to the good’s materials, artist’s style, and artist’s materials will occur.
- No Warranty. ALL GOODS ARE SOLD “AS-IS”. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, CONCERNING THE GOOD. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, AVAILABILITY, CORRECTNESS, AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. In no event, whether based on contract, warranty, tort or otherwise shall we be liable for any consequential, indirect, incidental or punitive damages. OUR TOTAL LIABILITY IN RESPECT OF ANY AND ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE ARISING OUT OF OR CONCERNING FROM THIS AGREEMENT, SHALL NOT EXCEED $5,000.00.
- Governing Law; Venue. You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York. You hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
- General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.