Standard Terms and Conditions of Sale
These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by The Company 9 , Guggenheim Design Inc. and its affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. The Company 9’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
Orders: All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, colors and sizes applicable prices and requested delivery dates of the Products being purchased. Seller may in its sole discretion allocate Product among its Customers.
Prices: The prices of the Products are those prices specified on the Seller’s website as of the order date and time. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable
Taxes: Taxes are calculated during the checkout process, based on delivery zip code. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.
Payment: Payment shall be made at the time the order is placed on the Seller’s website. In the event that Buyer’s payment made at the time the order is placed is not collectible by Seller, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs expending in collecting payment from Seller.
Delivery and Title: All deliveries will be made “EXWORKS” place of Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.
Returns, Refunds and Exchanges Policy:
How to Return an Item:
CUSTOM ORDERS CANNOT BE RETURNED
If you purchased an in stock item please message us regarding returning an item.
All ” in stock” items must be returned within 7 days of receipt . NO EXCEPTIONS
Item(s) must be in original condition to be returned. The item cannot be returned if it was worn or altered.
Customer must notifyThe Company 9 within 3 days of ship date; then return the item within 7 days of receipt. In order to make sure the item is returnable, please follow the steps below:
First, contact a The Company 9 sales representative within 48 hours of delivery date of item(s) by emailing firstname.lastname@example.org
Second, if the item is approved for return, The Company 9 will issue a Return Material Authorization (RMA) Once the RMA number is received, item must be returned within 5 days. will provide the Customer with specific instructions on where to mail return item(s) with the RMA number. In most cases returned items will be shipped to the The Company 9 office located at:
725 Coleman Blvd, unit 109
Mt Pleasant, SC 29464
Only products originally shipped from The Company 9 or from an authorized supplier (drop-ship) will be returned to The Company 9. The return should be in the original packaging and in unused condition.
If the item(s) is in new condition and in the original packaging, you may exchange the item(s) for another item in the first 5 days after ship date. Defective item(s) may be exchanged/returned for the same item. Customer will not be subject to a restocking fee in this case, but without being a defective item, will still have to pay return shipping. Items purchased from The Company 9 that have been used or altered will ot be accepted for exchange.
CUSTOM ORDERS cannot be returned in any circumstances but certainly can be altered for fit.
Time for alterations 7-14 days should be taken into account when placing the order.
The Company 9 will notify Customer upon receipt and inspection of returned item(s) and will advise of refund status. Upon approval of return and refund, The Company 9 will initiate a credit within 48 hours to the original method of payment. Credits to credit card can take 7-30 days to post to the account.
Customer should contact The Company 9 with questions regarding returns at: email@example.com
If you’d like to speak with us please email us to request a phone call.
Limitation of Liabilities: BUYER SHALL NOT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON (A) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or (B) USE IN COMBINATION WITH OTHER PRODUCTS.
Use of Products: Products sold by Seller are to be used according to instructions provided with the Products. Use in any other manner may result in personal injury, loss of life or catastrophic property damage. In particular items should not be worn or used with children less than two years of age: (2) used for restraint or restrict the movement of any person; (3) be of an appropriate weight for the user (4) items with rhinestones and hand sewn decoration of any sort should not be machine washed.
Cleaning: The Company 9 cannot be responsible for any damage caused by machine wash, hand wash or dry cleaning. Call us for appropriate solutions to cleaning an item. —
General: (a) The laws of the State of South Carolina will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.