The Seller may revise and amend these General Terms and Conditions at any time. You will be subject to the General Terms and Conditions in force at the time that you order products from the Seller.
1. WHO CAN BUY ON OUR SITE
You must be 18 years of age or over and an individual (a natural person) who is making a purchase on the Site. Seller retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, and that you are an authorized user of the credit or debit card used to place your order.
2. HOW A CONTRACT IS CONCLUDED
By completing the order details via the Site, you offer to purchase the products from the Seller under the conditions established in these General Terms and Conditions.
The contract is considered concluded only upon confirmation of acceptance of the order by the Seller, which will be sent to you electronically, to the e-mail address provided on the order form. If the Seller does not accept your order and funds have already been deducted from your account, the funds will be refunded.
All orders for products are subject to availability. In the event products ordered by you are no longer in stock, the Seller reserves the right to give you information about substitute products and value which you can order. If you do not wish to order such substitute products, the Seller will refund any monies that you might have paid for the relevant products.
The Seller reserves the right to withdraw any product from this Site at any time.
The Seller reserves the right to refuse orders received if:
The Seller will not be liable to you or any other third party for any loss or damage in connection with any withdrawal of any products from the Site, or any refusal of any order.
The languages which may be used to conclude the contract are English.
Once the purchase has been made, the Seller will send you an e-mail confirming the shipping details.
3. PRODUCT QUALITY AND GUARANTEE
The Site sells only products under the Wyatt Ingraham brand that meet our quality standards.
The prices of the products on sale on the Site are subject to change. Therefore, the Seller recommends that you carefully check the effective sale price on the order form along with the other information regarding the products you wish to purchase.
You may choose one of the payment methods indicated on the order form.
All prices are inclusive of shipping charges for standard delivery to the continental USA, and exclusive of International shipping and duties, and applicable sales tax. The total charge of the order is the price of the products ordered plus the delivery charge (where applicable), and sales tax, if shipping to the State of Florida, or if otherwise applicable. Applicable sales taxes and levies will be included in the total price as indicated in the confirmation phase of the purchase order.
The Seller reserves the right to block the order or shipping in the event of suspicious transactions. Should this occur, the Seller will contact you to confirm the transaction. In the event this security procedure is activated, the delivery date of the products ordered may be later than originally indicated.
The products ordered are deemed to be delivered to the customer when they are handed over to Federal Express or other carrier.
When you place your order, you authorize us to conclude, on your behalf, the shipping contract for the delivery of the products ordered to the address you indicate.
Final delivery to the location indicated by you is estimated at the number of business days set forth below, from the date the Seller accepts your order, except in cases of force majeure, unforeseeable circumstances and any other cause beyond the Seller’s control, in which case delivery will be automatically delayed by the number of days necessary.
FedEx – Express Saver FREE 3-6 business days
FedEx – Next Day $15 Next day if ordered by noon EST
FedEx – International Economy $75** Per Federal Express delivery
**Additional shipping costs, such as duties, taxes and custom charges may apply. Since some countries are governed by sanctions, the shipment of our products to certain locations may not be possible, such as Cuba, Iran, North Korea, and Syria.
The Seller will send you a confirmation e-mail when the Seller transfers the merchandise to the courier.
In no case will Seller be liable for any loss or damage in connection with any late delivery or non-delivery for reasons attributable to the courier.
The courier will attempt to deliver the merchandise to the address specified by you, without making an appointment. If no one is present at the specified address, the courier may return the next business day, and thereafter.
If no one is present on any of the delivery attempts, the Seller may, at its exclusive discretion, decide whether to take back the shipped products, cancel the sale and refund the amounts paid, or contact you to agree to other forms of delivery (which may be subject to an additional charge to you). It is understood that the Seller is not liable for any cancellation of your order due to your absence.
The Seller also reserves the right not to process future transactions for customers having shown themselves to be unreliable for product receipt.
The products will be at your risk from the time of delivery. Title to the products will only pass to you on the later of the date the Seller receives full payment of the amounts due for the products (including delivery charges) or the date you receive the products.
Wyatt Ingraham will provide a refund for any item you are not satisfied with provided that you return it to us within 15 working days from the date you received the relevant item and you comply with the procedures set forth below:
To obtain a refund, you must:
• (a) Ensure that all products are in the same condition in which they were received, including covering, and that they have not been used; remember that all tags must be attached. Any product which is damaged or not in the same condition as you received it will not be refunded.
• (b) Add your order number to the item returned.
Ship your return/exchange with a carrier who will provide you with a tracking number to ensure your package does not get lost. Packages must be returned prepaid.
Refunds will be credited to your original method of payment, less any shipping charges, if applicable.
7. CUSTOMER SERVICE
For information requests, complaints or suggestions, contact our customer service department Monday through Friday, EST at firstname.lastname@example.org (maito: email@example.com).
8. LIABILITY AND DISCLAIMERS
IN NO EVENT WILL THE SELLER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS ADVERTISED ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE SELLER’S AGGREGATE LIABILITY IN CONNECTION WITH ANY PRODUCT PURCHASED THROUGH THE SITE IS AT All TIMES STRICTLY LIMITED TO THE PURCHASE PRICE OF THAT PRODUCT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. GENERAL CLAUSES
If any term or condition of this agreement is invalid, illegal, null or unenforceable under local law, said invalidity, illegality, nullity or unenforceability will not affect the other valid, legal, effective and enforceable terms or conditions, which remain valid and enforceable between the parties.
The Seller reserves the right not to sell its products to certain specifically selected buyers, for example for purchases made by subjects who the Seller, at its own discretion, considers to be abusing or have abused the online sale services.
The Seller reserves this right to prevent abuse and it will not be used to discriminate on the basis of sex, race, language, religion, political opinion, or personal or social conditions.
10. APPLICABLE LAW AND JURISDICTION
All matters relating to the Site and these General Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the state of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these General Terms and Conditions shall be instituted exclusively in the courts of the state of Florida in each case located in Palm Beach County, although the Seller retains the right to bring any suit, action or proceeding against you for breach of these General Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.