Terms of Sale
Effective Date: Feb 16, 2021
Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
ARBITRATION NOTICE: DISPUTES ABOUT THESE TERMS AND OUR PRODUCTS AND/OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND CLASS ACTION WAIVER AS DETAILED IN SECTION 22 OF OUR WEBSITE TERMS OF SERVICE (https://serendibeauty.us/pages/website-terms-of-service) WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE.
These Terms of Sale (these "Terms") apply to the purchase and sale of products and services through www.serendibeauty.us (the "Site"). These Terms are subject to change by Serendi US, Inc. (referred to as "Serendi" "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Serendi and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing our Customer Service Department at firstname.lastname@example.org. Once a product is shipped, your order may be returned subject to the Return and Refund Policy described in Section 4 below.
Prices and Payment Terms.
- All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products purchased on our Site for a refund of your purchase price, less the original shipping and handling costs, provided such return request is made within three (3) days of delivery and provided such products are returned in their original condition (namely, unopened and sealed in its original packaging) and received within fifteen (15) days of the return approval. If the return is made a result of our error or defective product, we will refund the original shipping charges. To return products, you must email our Customer Service Department at email@example.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all costs of shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately seven (7) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
- LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY VARY BY PRODUCT AND, IF SUCH LIMITED WARRANTY IS PROVIDED FOR A PRODUCT, IT CAN BE FOUND AT THE PRODUCT’S PAGE ON THE SITE AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY OR 12 MONTHS FROM DELIVERY OF A PRODUCT IF NO LIMITED WARRANTY IS SPECIFIED FOR SUCH PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
- Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
- What Does This Warranty Cover?
This limited warranty covers defects in materials and workmanship in products purchased from the Site for the applicable warranty period of the product purchased.
- What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions; modifications; combination or use with any products, materials, processes, or other matter not provided or authorized in writing by us; normal wear and tear; or external causes such as accidents, abuse, or other external causes or acts which are not the fault of Serendi.
- What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for the applicable warranty period of the product purchased. The warranty period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
- What Are Your Remedies Under This Warranty?
With respect to any defective products during the applicable warranty period, we will, in our sole discretion, either: (i) replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to replace the defective products.
- How Do You Obtain Warranty Service?
To obtain warranty service, you must email our Customer Service Department at firstname.lastname@example.org during the applicable Warranty Period.
- Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in 22 of TOS is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
- Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal use only, and not for resale or export.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to email@example.com; or (ii) by personal delivery, overnight courier or registered or certified mail to Serendi US, Inc., 9171 Wilshire Blvd., Ste. 500, Beverly Hills, CA 90210. We may update the e-mail or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective five (5) business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.