Nazila Couture, INC. TERMS AND CONDITIONS OF SALE
These terms and conditions of commercial sale (the “Terms and Conditions”) of Nazila Couture, Inc. (the “Seller”) bind its customer (the “Buyer”) and apply to and form an integral part of all purchases (of merchandise)and offers made by Seller, all acceptances, acknowledgements and confirmations by Seller of any orders by Buyer and any agreements (“Agreements”) regarding the sale by Seller and purchase by Buyer of goods and services (“Products”), unless and to the extent Seller explicitly agrees otherwise. Seller reserves the right to unilaterally modify or amend any portion of these Terms and Conditions at any time without prior notice. The current version of these Terms and Conditions and any modifications or amendments supersedes all prior versions of these Terms and Conditions.
- Acceptance.
ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER’S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON SELLER UNLESS AGREED TO IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF NAZILA COUTURE.
- Changes.
Orders arising hereunder may be changed or amended only by written agreement signed by both Buyer and Seller, setting forth the particular changes to be made and the effect, if any, of such changes on the price and time of delivery. Buyer may not cancel this order unless such cancellation is expressly agreed to in writing by Seller. In such event, Seller will advise Buyer of the total charge for such cancellation, and Buyer agrees to pay such charges, including, but not limited to,shipment costs, costs of customization, costs of purchasing non-returnable materials, and any other cost resulting from cancellation of this order by Buyer which is permitted by Seller.
- Delivery, claims, delays.
Delivery dates communicated or acknowledged by Seller are approximate only, and Seller shall not be liable for, nor shall Seller be in breach of its obligations to Buyer, for any delivery made within a reasonable time before or after the communicated delivery date. Seller agrees to put reasonable efforts to meet the delivery dates communicated or acknowledged by it on the condition that Buyer provides all necessary order and delivery information sufficiently prior to such delivery date. Seller’s performance under any order accepted pursuant to these Terms and Conditions shall be excused in the event of fire, explosion, flood, severe weather, accident, strike, governmental act, embargo, shortage of raw materials or fuel, computer system failure, war or military action, riot, civil disturbance or any other event beyond the control of Seller or which materially affects the economic basis of the bargain (“Force Majeure”). Seller’s performance in the event of a Force Majeure shall be excused for so long as the cause continues, without liability. If the Force Majeure shall continue unabated for ninety (90) consecutive days, Seller may, at its option, cancel any order so affected without liability.Breach of this condition is material to the contract and will subject Buyer to legal action by Seller.
- Payment.
The buyers in its sole and unfettered discretion, agrees to pay full amount for the quoted price of merchandise & in case of custom made orders, the buyer is supposed to do 100% advance of the approx value quoted by the seller and final amount is to be paid if advance paid surpasses the approximate value.
- Refund:
The seller under no circumstance is liable to refund the amount to the buyer after purchase until & unless agreed by the seller (Nazila Couture).
- Taxes and other charges.
Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefore; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
- Warranties and Limitation of Liability.
Representations regarding the composition and performance of the Products are believed reliable, but Seller MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING SUCH INFORMATION OR PRODUCTS EXCEPT THAT SELLER WARRANTS THAT IT HAS GOOD TITLE TO THE PRODUCTS AND THE PRODUCTS WILL CONFORM TO THEN CURRENT SPECIFICATIONS AT THE TIME OF DELIVERY. SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.There are no warranty over the sold products/merchandise.
08 .Claims.
Claims made against Seller in connection with defective Products must be made in writing within three (03) days of the date of delivery or they are waived by Buyer and will not be considered by Seller.
Buyer agrees to this limitation of actions by placing an order with the Seller.
09.Patent disclaimer
The Buyer recognizes the Seller’s ownership of and title to all trademarks, service marks, trade names, patents, copyright and other intellectual property rights in relation to Goods. The Buyer will take no action to violate, obliterate, remove, alter, conceal or misuse any such mark, trade name of copyright notice. The Buyer will promptly notify the Seller if it becomes aware of any infringement of such intellectual property rights by any third party and shall provide its reasonable assistance to the Seller in connection with any resultant proceedings.
11.Returns & Exchange
Goods may not be returned or exchanged once sold except with Seller’s permission
12.Confidential Information.
Seller’s obligations of confidentiality and non-use shall be strictly limited to Buyer’s product specifications and business information. Buyer agrees that no right, title, or interest in any intellectual property is transferred by this sale of Products from Seller. All information received by the Buyer from the Seller in respect of the Seller’s business shall be deemed to be confidential and the Buyer shall not use or disclose such information without the Seller’s express authorization unless it is publicly known (otherwise than by breach of obligation).
13.Governing Law.
All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of the State of California, and the courts of California shall have exclusive jurisdiction without reference to the choice of law, conflicts of law, or principles of any other state or country which might otherwise be applied. BUYER HEREBY CONSENTS TO JURISDICTION, PERSONAL AND OTHERWISE, OF SUCH COURTS, AND HEREBY WAIVES ANY OBJECTIONS OF ANY NATURE TO VENUE IN SUCH COURTS. The 1980 United Nations Convention on Contracts for the International Sale of Goods does not apply to these Conditions.