TERMS & CONDITIONS OF SALE
ACCEPTANCE OF A CUSTOMER'S ORDER IS CONDITIONED UPON THE ACCEPTANCE OF THESE TERMS & CONDITIONS.
Invoiced customers. Customer's acceptance of the invoiced goods shall be expressly conditioned on the terms in the invoice.
Payment. Invoices must be paid in full within the terms as indicated on the invoice. Past due amounts are subject to an interest rate at the lesser of: (1) 18% per annum; or (2) the maximum rate permitted by law.
Variations of goods. Due to the nature of Seller's goods, Customer understands that sizes may be slightly irregular, colors and texture may vary and there may be some design inconsistency.
Inspection of goods. Buyer must inspect goods and packaging in the presence of the carrier's representative before accepting goods. If damages are discovered during buyer's inspection, buyer must write on the delivery of shipping record upon receipt of the damaged shipment that the goods were received damaged and return this record to the carrier's representative. Once buyer accepts the goods, buyer is responsible for payment to Feizy, despite any damages caused by carrier. Seller is not responsible for goods damaged in transit or resulting from negligent or willful actions/omissions by the carrier.
Special Rules for Clearance and Limited Merchandise: Clearance and Limited merchandize is sold "as is" and may not be returned for any reason unless there is averifiable damage to the merchandise in transit
Defective goods. Subject to the special rules for Clearance and Limited Merchandise above, so long as Customer complies with the return policy procedures herein, Customer shall have the right to return at Feizy's expense, any Non-Discontinued Feizy's Rug that: (a) is not manufactured in accordance with industry standards and/or all applicable laws, ordinances, rules, and regulations; (b) has caused injury to person or damage to property; or (c) is damaged or defective. For the purposes of this Agreement, the term “defective" shall include Feizy's Rugs that: (1) are visually or operationally damaged either due to a manufacturing flaw or a design defect; and (2) have been returned by a customer in accordance with Feizy's return policy. Within thirty (30) calendar days of purchase, Customer must give Feizy written notice of the defect in the goods. This notice must describe the non-conforming features with particularity. If Customer fails to give such notice, the goods shall be deemed to have been accepted by Customer at the time of purchase. If Customer returns these goods described as being non-conforming to Feizy and upon inspection, Feizy, in its sole discretion, determines that the goods do conform, Customer shall bear the costs of shipping the return to Feizy and any subsequent return to Customer. After 30 calendar days from the date of purchase, all returns are subject to Feizy's written approval.
Buyer's remorse. Subject to the special rules for Clearance and Limited Merchandise above, if Customer is not happy with the goods for any reason other than non-conformity or defectiveness of the goods, Customer may return goods in undamaged NEW CONDITION for full refund within thirty (30) calendar days of purchase, so long as Customer complies with the return policy procedures herein. Shipping and handling costs to return the merchandise shall be the responsibility of Customer. After 30 calendar days from the date of purchase, all returns are subject to Feizy's written approval.
Return merchandise authorization number. Customers must provide tracking numbers and proof of delivery for any and all returns. All returned goods, whether non-conforming or defective, must be issued a Return Merchandise Authorization Number (RMA #), which can be obtained by calling one of Seller's Customer Service Representatives at (800) 779-0877, prior to returning any goods. The RMA # must accompany all returned goods. Seller shall refuse to accept any returned goods, which fail to adhere to the return policy instructions and/ or lack an RMA #. Customer must return the goods within 15 days of obtaining this RMA#.
Refunds. Allow 6-8 weeks to process and mail any refund checks and 1 week to appear on credit card statement.
Limited implied warranty of merchantability. FEIZY EXPRESSLY LIMITS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE GOODS BEING SOLD TO 30 CALENDAR DAYS FROM THE DATE OF PURCHASE.
Limited implied warranty of fitness. FEIZY EXPRESSLY LIMITS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE GOODS BEING SOLD TO 30 CALENDAR DAYS FROM THE DATE OF PURCHASE.
EXCEPT AS PROVIDED HEREIN, FEIZY'S RUGS ARE PROVIDED “AS IS."
Intellectual property. All Feizy Import & Export Company, Ltd. (“Feizy") intellectual property, speci cally, all trademarks and copyrights, remain the sole property of Feizy. This includes, but is not limited to, copyrighted designs of rugs, whether a copyright notice is provided or not and any trade names.
Choice of forum and choice of law. Any disputes concerning the subject matter of this Agreement shall be submitted for resolution exclusively to the courts in Dallas, Texas. This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Texas.
Force Majeure. In the event that Feizy shall be prevented from performing any of its obligations due under the terms of this Agreement by an act of God, by acts of war, riot, or civil commotion, by an act of State, by strikes, re, ood or by the occurrence of any other event beyond the control of the parties hereto, Feizy shall be excused from any further performance of the obligations and undertakings set forth herein.
Sales/Use tax. Sales to Texas resident vendors or to out-of-state vendors selling within Texas are subject to sales tax, unless such vendors provide Feizy with a Texas Sales Tax Resale Certi cate or a Border States Uniform Sale for Resale Certi cate prior to the sales transaction. Sales tax already charged to a member of the industry can be refunded upon submission of a valid Resale Certi cate.
Attorney Fees. In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, costs and expenses incurred.
Collections. Feizy may recover all reasonable costs incurred in collecting any delinquency on a Feizy account, including collection agency fees, attorney's fees and any and all other costs associated with the collection of the delinquent account.
**These Terms & Conditions may be modified from time to time by Feizy without notice; or if modifications are proposed by Buyer, these Terms & Conditions may only be modified by written agreement, signed by Feizy.