CONDITIONS OF SALE
These conditions supersede any other terms and conditions appearing in the Seller’s catalogues, advertisements, website or elsewhere and shall apply to all orders accepted by the Seller and shall form part of the contract between the Seller and the Purchase ("the contract"). These conditions shall override any conditions stipulated, incorporated or referred to by the Buyer whether in its purchase order in any negotiations or any qualification thereof shall nor form part of the contract. The descriptions contained in catalogues, price lists, website and other leaflets or descriptive matter belonging to the Seller are intended merely to present a general idea of the goods described therein. None of these materials shall form part of the contract and no report, representation or statement made by any representative of the Seller not contained herein shall be binding on the Seller. The Buyer shall not assign this contract without the written consent of the Seller. All sales are final.
TERMS OF PAYMENT
Unless otherwise specified, payment must be made in full. Buyer agrees to pay interest at the highest legal rate of interest on all outstanding balances. The parties agree that title to any goods shall not pass unless payment in full is made to Seller and no credit card chargeback is made for a period of 180 days following shipment of the goods by Seller. Seller shall be entitled to a possessory purchase money lien on all goods sold until full and complete satisfaction of all terms and conditions specified herein, including but not limited to full payment is made and no charge backs on credit card orders have been made for a period of 180 days following shipment of the goods by Seller. Prices are exclusive of, and Buyer will pay, applicable sales, use, consumption, goods and service, value added or like taxes, unless Buyer has provided Seller with an appropriate exemption certificate for the Delivery location.
In any action arising from this agreement the prevailing party shall be entitled to recover its attorneys fees and costs. In the event the payment to Seller for the goods is rescinded by any person or entity, including but not limited to: any credit card company or banking/financial institution Buyer hereby agrees to indemnify Seller for all expenses incurred as a result of its efforts to recover the goods and/or payment arising from the contract and sale between them. All sales are final, there are no refunds. Exchanges are permitted with BUYER covering the cost of shipping for both original and new item. Credit to be applied towards new item is the ticket price of the original item only and does not include original freight cost or other fees. Unauthorized returns (such as those seeking refunds or attempts to defraud Ipso Facto) are subject to a 25% restocking fee.
The Seller will use its best endeavor to complete delivery of the goods within the periods stated but shall not be liable for damages or otherwise for failure to do so from any cause whatsoever beyond the control of the Seller. Delays however caused shall not be a ground for cancellation or variation of the contract by the Buyer. If Seller is unable to meet Buyer's Delivery requirements, alternative arrangements may be agreed. In the absence of such agreement, Buyer's sole remedy is to cancel the order, in writing actually received by Seller prior to shipping by Seller. Seller will ship according to Seller's standard commercial practice, and risk of loss or damage shall be the burden of Buyer once the goods are deposited into the mail. Shipping and handling charges will be listed separately on Seller's invoice when not included in the Product's purchase price. If Buyer requested special packing or shipping instructions are agreed to by Seller, charges will be billed separately to Buyer, and risk of loss or damage will pass to Buyer on delivery to The United States Postal Service.
The provisions of this section shall survive the termination of this Agreement, howsoever caused.
THE MANUFACTURERS WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, SELLER SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SELLER MAKES NO WARRANTY OF ANY KIND OR NATURE. ALL SALES ARE FINAL.
Seller shall not be held liable for any consequential damage, either direct or indirect, or for loss of profits in case of any failure of the goods sold.
NO WAIVER, ALL REMEDIES CUMULATIVE
Failure by the Seller to insist upon strict performance of the terms and conditions herein shall not constitute waiver of such terms and conditions and all rights and remedies are reserved to and by Seller.
This contract shall be governed by the laws of The State of California
If any provision of this agreement shall be adjudged to any extent be invalid, the remainder of the agreement shall not be affected thereby and each provision of this agreement shall be valid and enforced to the fullest extent permitted by law. This document shall be interpreted as having been jointly drafted and not construed against either party.
This agreement sets forth the entire agreement between the parties. Any prior conversations or writing are merged herein and extinguished. No subsequent amendment to this Agreement shall be binding upon Buyer or Seller unless reduced to writing and signed. Seller reserves the right to cancel any sale related to this agreement and refund any monies paid by Buyer. Buyer agrees that the return of monies actually paid shall be his sole remedy and redress where Seller cancels this agreement.
ARBITRATION OF DISPUTES
Any controversy or claim arising out of or relating to this contract, or any breach thereof, shall be settled by binding arbitration administered by The American Arbitration Association (AAA). Judgment upon the award may be entered in any court having jurisdiction thereof pursuant to the Federal Arbitration Act. The arbitrator shall have the authority to grant all appropriate relief, including but not limited to: compensatory, exemplary, declaratory or injunctive. The arbitrator shall not be bound by case precedent. The party’s hereto agree the arbitration shall be conducted by a single arbitrator and the arbitration shall be conducted in California in any city in the county of Orange selected by AAA unless agreed in writing by all parties within 5 days of the request for a different location by any party upon the other. In any action to interpret or enforce this agreement the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. Each signatory hereto irrevocably consents to the jurisdiction of the US District Court’s in the State of California (where the arbitration is conducted) and agrees to service by either Registered mail, USPS Express or Priority Mail or FEDEX for all process in any action or proceeding arising from this agreement.
BELOW ARE DETAILS ABOUT WHAT PAYMENT METHODS WE ACCEPT, HOW WE HANDLE EXCHANGES, LOST PACKAGES, SHIPPING INFO, ETC:
Please note that we usually ship (via regular post) the same (or next) day payment is received. Clothing items are usually sent via Priority mail via US Postal Service, with a 2-4 working day delivery time. Very small items, or items where the freight cost is $3.75 to $6.75 are sent via regular first class mail (approx 5-7 day delivery time). If you are not home, the postman *should* leave a yellow slip to pick up your package at your main post office branch. If we have shipped your package and it remains undelivered please go to your main post office, as more than likely you will find that they are holding it there for you (usually for approx 10 days.)
We are located on the West Coast, so for East Coast, Hawaii and rural delivery please allow 2-7 working day delivery time. Please note that out of stock items and shoes, and heavy items can take slightly longer, up to 10-14 working days. Due to time constraints we do not provide rush delivery or shipping confirmations on every order(though you can request signature confirmation for an additional $2.35 Since we usually ship the same day that you place your order and we notify those whose orders are delayed, shipping confrimation is redundant. If you want tracking or rush delivery please put your request in the notes section of the order form and we will try to honor it. We are a small company and are very busy trying to get all orders out as quickly as possible. Customers are notified of any delay due to restock or credit card (or AVS) problems. We may run out of items quickly so not all orders are filled to completion. We only charge your credit card when we ship and only charge for the items sent. Shipping costs are adjusted accordingly based on the dollar value of your order (see our freight chart below). There are no backorders. So in the event you do not recieve your entire order please read the enclosed receipt which will detail what was shipped, list the out of stock items and show your adjusted total. We cannot always call or email prior to shipping incomplete orders (we usually try to offer alternatives if other sizes or colors are available), but if this is unsatisfactory please write a note in the message portion of your order form of any special instructions for signature confirmation, etc(ie. Please cancel order if item such and such is Sold out.). Also note that we have no control over the placement of packages at your location. Therefore messages such as "please leave package at back door" will not be honored. You would need to make such arrangements with your local postal carrier. Tracking is available upon request but we do not automatically provide ship confirmations or tracking on each order.
If your order does not arrive in 4 weeks, please contact us so that we may make a claim with the postal service and resend your merchandise. Claims cannot be made prior to 4 weeks. You will need to mail us a signed statement of non receipt (to above address) to facilitate a claim for replacement. Please note: the post office no longer covers claims for items stolen once delivered, so we cannot be responsible for loss if the item is trackable to your door.
Write, email, or call us with your questions at 714-525-7865 (or fax 714-525-5053), 12:00-7:00 pm Mon.-Sat. or 12:00-6:00 pm Sun. Pacific time. Sorry, no C.O.D. or telephone orders.
MAIL ORDER EXCHANGES:
We will make every attempt to remedy any problems, however, there are NO REFUNDS. Notify us within 7 days of receipt if you desire an exchange. Note: unauthorized returns are subject to a 25% restocking fee. Exchange merchandise must be returned within 4 weeks of receipt in unused, unworn, odor-free, unopened condition with tags attached and/or in original packaging. Merchandise credit is for the value of merchandise only, not freight. The customer must pay for the shipping costs of returning unwanted item(s) and must enclose payment to cover return shipping of new item (However, if defective or incorrect merchandise is received, we will pay shipping cost of replacement.) Hosiery and body jewelry are not returnable. If an item you order is no longer available, we will contact you for an alternate choice or grant store credit.
IN STORE EXCHANGES:For items purchased in our Fullerton store the item must be exchanged unworn and odor free in original packaging with tags attached accompanied by store receipt (either credit card slip or register receipt) within 7 days of purchase. There are no refunds, exchanges only, Sale items and lingerie are not exchangeable or returnable for any reason. Sorry no exceptions.
All orders must be paid in advance in U.S. dollars in one of the following three ways:
Cash (at your own risk),
Money Order including USPS postal money orders or Western Union (they send us your money for a small fee.) Please use the name "Terri Kennedy" when sending via Western Union.
Credit Card-MC, Visa, Discover (U.S./Canada residents only)
Money orders must be in U.S. dollars, drawn on a U.S. based bank, and made out to Ipso Facto as the payee.
For best results enclose a copy of the order with your payment or a handritten note indicating what you ordered.
You may also use Western Unionto send payment. They send us your money to a nearby WU office for a small fee. Please use the name "Terri Kennedy" when sending. This is the faster method of the two.
Or you can use Moneygram. Here are the instructions for Western Union or Moneygram:
Use the "buy" buttons next to the item you are buying on our webpage.
This will take you to a secure order form when you are finished shopping.
Our order form will allow you to choose "western union" as a form of payment.
Then pay via Western Union's (or Moneygram's website) or at a WU/Moneygram office near you using your credit card to send us the amount indicated on your Ipso Facto order form. Please use the name Terri Kennedy as the payee. "Money in Minutes" transfer is the acceptable method, which sends your payment to an office near us. Please note that Western Union charges varying fees for their services. When you notify us via email of the control number (Western Union will do this for an extra fee) we will pick up the cash at our local Western Union office and we will ship the same day or next business day.
Ipso Facto address:
517 N. Harbor Blvd., Fullerton, CA 92832
For orders within the United States:
|Order Dollar Total||Freight Charge|
|$1.00 - $20.00||$5.50|
|$20.01 - $50.00||$9.95|
|$50.01 - $100.00||$13.45|
|$100.01 - $200.00||$17.60|
|$200.01 and above||$23.55|