These Terms of Sale (the “Terms”) apply to the purchase and sale of products from Tulsa Body Jewelry through our website https:/// (the “Site”). This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These Terms are subject to change without prior written notice at any time. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any product. Your continued purchases of products from our Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After we receive 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 Tulsa Body Jewelry and you will not take place unless and until you receive an order confirmation email and, if applicable, provided any verification information required by us. We may cancel an order if we determine an order is fraudulent.
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Except for any products designated on the Site as non-returnable or any products that are configured-to-order or customized and subject to the limited warranty set forth below, we will accept a return of the products for a refund of your purchase price, less the original shipping charges, provided such return is made within 30 calendar days of the invoice date and provided such products are returned in their original, unopened and unused condition. We cannot accept returns of products that have been opened or used unless they are defective and covered by our limited warranty described in Section 6 below.
To return products, you must go to http://returns./ to obtain instructions on how to return your product. You must return the product to us with its original packaging, including any accessories, manuals, instructions, or other items that were shipped with the product.
You are responsible for all shipping and handling charges on returned items unless the product is defective and subject to the limited warranty set forth below. You bear the risk of loss during shipment.
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Refunds generally will be processed within approximately 3 to 10 business days of our receipt of your merchandise (so long as the merchandise is returned in original condition and returned within 30 days of the invoice date). Your refund will be provided as a store credit or credited back to the same payment method used to make the original purchase on the Site. WE DO NOT PROVIDE REFUNDS FOR ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE OR ON ANY PRODUCTS THAT ARE CONFIGURED-TO-ORDER OR CUSTOMIZED.
WE WARRANT THAT, DURING THE WARRANTY PERIOD, PRODUCTS MANUFACTURED BY US AND PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. ANY PRODUCTS MANUFACTURED BY THIRD PARTIES AND PURCHASED THROUGH THE SITE WILL BE SUBJECT TO THE WARRANTY, IF ANY, PROVIDED BY THE THIRD PARTY.
THIS LIMITED WARRANTY ONLY APPLIES TO PRODUCTS PURCHASED DIRECTLY FROM US THROUGH OUR SITE OR FROM AUTHORIZED RETAILERS. IT DOES NOT APPLY TO ANY PRODUCTS PURCHASED FROM UNAUTHORIZED SELLERS OR ANY PRODUCTS THAT ARE USED OR BOUGHT SECOND-HAND.
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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. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS 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. NO ORAL OR WRITTEN STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR EMPLOYEES OR DISTRIBUTORS WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
This limited warranty starts on the date of delivery and lasts for one year (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product.
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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. This limited warranty does not cover any products purchased from unauthorized third party sellers who may, for example, sell our products on sites such as eBay or Amazon.
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in the hardware components of products purchased from the Site. It does not cover any software components of products.
This limited warranty only covers our products and does not cover any other equipment, components, or other devices used in conjunction with our products.
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With respect to any defective products during the Warranty Period, we will, in our sole discretion: (i) repair or replace such products (or the defective part) with a comparable product or part free of charge; or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to send the repaired or replacement product to you if we elect to repair or replace the defective products.
All requests for warranty service require proof of purchase from the Site (such as an invoice or order confirmation email). To obtain warranty service (that is, a repair or replacement as a result a defective product), you must call 1-918-888-8880 or email our support department at help@ during the Warranty Period to receive instructions on how your warranty service will be handled. We will generally respond within five (5) business days with further instruction, including whether you will need to return the product to us and, if so, how to do so.
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 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.
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SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
The dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
If you are a wholesaler or a reseller, you must provide us with a valid, current resale certificate in order for us not to charge you applicable sales taxes.
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You agree to comply with all applicable laws and regulations of the various states and of the United States and any country into which you import any products you purchase through the Site. You understand that you are wholly and exclusively responsible for compliance with any resale, exportation, importation, distribution, marketing, labeling, licensing, and registration laws applicable to any products you purchase through the Site. You further agree to indemnify, defend and hold harmless Tulsa Body Jewelry and its directors, officers, employees, and agents from and against any and all causes of action, liabilities, claims, costs, damages and expenses arising out of or related to or in connection with (a) your misuse of the products, (b) your importation, storage, marketing, sale or distribution of the products, and (c) your failure to comply with any applicable law, regulation, or industry standard regarding the export, import, distribution, marketing or sale of the products.
We will not be liable or responsible to you for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), delays affecting carriers, telecommunications outage, or power outage.
Except for issues governed by federal law, all matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Oklahoma in the United States without giving effect to any choice or conflict of law provision or rule (whether of the State of Oklahoma or any other jurisdiction).
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(a) YOU AND WE ARE AGREEING TO GIVE UP (WAIVE) ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER
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