1. 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.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM US, THROUGH THE WWW.EVERAFTERPIGMENTS.COM WEBSITE OR OTHERWISE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM US, THROUGH OUR WEBSITE OR OTHERWISE, IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) DO NOT HAVE THE POWER AND AUTHORITY TO FORM A BINDING CONTRACT WITH EVER AFTER PIGMENTS, LLC, OR (C) IF APPLICABLE, ARE PROHIBITED FROM ACCESSING OR USING OUR WEBSITE OR ANY OF OUR WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW OR OUR TERMS AND CONDITIONS.
These terms and conditions (these “Terms”) apply to the purchase and sale of our products, including purchase and sale through www.everafterpigments.com (the “Site”). These Terms are subject to change by Ever After Pigments, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms prior to purchasing any product or services that are available through the Site. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. When you place an order, you represent and warrant to us that you are 18 years of age or over and that you are duly licensed, permitted or credentialed under applicable laws, regulations and ordinances as a tattoo professional. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. Except in the case of orders made in a face-to-face transaction, after having received your order, (a) we will send you a confirmation e-mail with your order number and details of the items you have ordered, (b) acceptance of your order and the formation of the contract of sale between Ever After Pigments, LLC and you will not take place unless and until you have received your order confirmation e-mail. We may accept your cancellation of an order at any time before we have shipped product to you. If you choose to cancel an order, notify us by e-mail or by calling our Customer Service Department at (512) 522-4651.
3. Prices and Payment Terms.
(a) All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We reserve the right to cancel any orders placed based on our product offers that contain any pricing errors, product description errors, typographical or other errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, Discover, American Express and PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Credit card information must match your personal information. You may be required to submit a credit card authorization form for orders equal to exceeding $500.00.
4. Shipments; Delivery; Title and Risk of Loss.
(a) Unless the products are delivered to you at the time you place your order, we will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Pigments are non-returnable and non-refundable. We will accept a return of other products for a refund of your purchase price, less a 15% restocking fee and less the original shipping and handling costs, provided such return is made within 15 days of shipment and provided such products are returned in their original, new condition, unused, unopened, free of tampering, with all seals intact. To return products, you must e-mail our Returns Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.
Refunds are processed within approximately 5 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase. WE DO NOT MAKE REFUNDS ON PIGMENTS.
6. DISCLAIMER OF WARRANTIES. PRODUCTS ARE SOLD TO YOU WITH THEIR ORIGINAL MANUFACTURERS’ WARRANTIES. EVER AFTER PIGMENTS, LLC. DOES NOT MAKE ANY WARRANTIES OF THE PRODUCT OF ANY NATURE, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. EVER AFTER PIGMENTS, LLC WILL MAKE REASONABLE EFFORTS TO ASSIST YOU RESOLVE MANUFACTURER WARRANTY ISSUES.
7. Limitation of Liability. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU ANY DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED FROM US. UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OF WORK, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
8. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from us for your own business and professional use only, and not for resale or export.
10. Force Majeure. 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, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, 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.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
12. Dispute Resolution and Binding Arbitration.
(a) YOU AND EVER AFTER PIGMENTS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section11. (The AAA Rules are available at www.adr.org.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR EVER AFTER PIGMENTS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Ever After Pigments, LLC.
15. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by sending a message to the e-mail address you provide. Notices will be effective when we send the e-mail. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us by overnight courier or registered or certified mail to 1719 E. 2nd St, Austin, TX 78702 , attn.: Sean Brown. We may update the address for notices to us by posting a notice on the Site. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability. 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.