Terms of service
TERMS & CONDITIONS
Terms & Conditions
All sales made by DÉMODÉ CLOTHING, LLC. (aka DÉMODÉ CLOTHING)(“Seller”) to you (“Customer”) are under authority of and by these Terms and Conditions of Sale unless otherwise indicated by DÉMODÉ CLOTHING, LLC. in writing.
PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. DÉMODÉ CLOTHING RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION.
Sale is Contingent on Customer’s Acceptance of Terms and Conditions. Seller shall not accept Customer’s purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer’s purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.
Seller ships payment for order's through PayPal.
All Pay Pal orders will be charged an additional 3.7% (of total order before freight) service charge.
Customer is responsible for all shipping and freight charges, FOB Seller’s warehouse. Customs’ brokerage for international orders is Customer’s sole responsibility. All orders will be shipped out within 2-3 business days, subject to availability and process time. Some orders can take longer if an item is on back-order. Inventory will fluctuate on seasonal items. Orders are normally shipped via United States Postal Service. Seller will ship using a carrier designated by Customer upon request and customer shall be responsible to pay any additional charges associated with their requested shipping method.
Customer must notify Seller at time of purchase if a signature is required for residential deliveries. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.
Returns and Cancellations
Due to the Custom Style Creations of or merchandise, Workmanship and Reasonable pricing, DÉMODÉ CLOTHING does not accept returns on any of our goods. ALL SALES ARE FINAL No order can be canceled once it has been entered into production.
Prices, Quantities, Styles, Colors
Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of order placed. All orders are subject to availability.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 10 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages or quality. Seller shall not be responsible for shortages when shipments are directed to a third party other than our Customer.
UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS ON MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER.
Any shortages or damages that do occur will be replaced free of charge in Customer’s next shipment. Seller will not cover the cost of freight in replacements and may ask for proof of damage upon complaint. Customer will be responsible for all freight and shipping charges on items exchanged.
All Approved Returns or Exchanges are subject to a 25% Re-stocking Fee.
Customer Acceptance of Late or Defective Merchandise
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.
DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.
Customer’s Credit Worsens
Seller has the right, in addition to other remedies provided by the law, to terminate any delivery or suspend further deliveries of other shipments in the event Customer fails to pay for any shipment when the same becomes due. Should Customer’s financial condition become unsatisfactory to Seller, in Seller’s sole discretion, Seller may require cash payments in advance or other security satisfactory to Seller prior to shipment
Seller is headquartered in North Carolina
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
USE OF MATERIALS LOCATED ON THIS SITE:
COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.
Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions of Sale.
Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to
DemodeClothing@gmail.com or by standard mail to Seller at the following address:
P.O. Box 40278
Raleigh , NC 27629
DÉMODÉ CLOTHING, LLC.