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The
Original Soap Dish® Terms and Conditions of Sale
Please
read this document carefully. It contains the terms and conditions
that apply to the purchase of products from The Soap Dish, LLC
("The Original Soap Dish®"). No different or additional
terms or conditions are accepted or binding unless the terms
or conditions are reduced to writing and signed by an authorized
representative of The Original Soap Dish® and the Customer.
The Original Soap Dish® may change or modify these Terms
and Conditions of Sale from time to time in its sole discretion.
1.
Shopping Cart & Ordering. Our shopping cart calculates
estimated shipping. Actual shipping costs may vary. Cancellations,
additions, or changes to orders must be made within 4 hours.
Because of our quick turnaround, some orders may ship from our
premises in as little as 4 hours from the time the order was
received. Orders that are canceled after 4 hours of placement,
for any reason, may be subject to a 15% restocking fee.
ABSOLUTELY NO INTERNATIONAL ORDERS, OR CREDIT CARDS (See
section 9 for details).
2.
Availability and Pricing. The Original Soap Dish® reserves
the right to adjust prices at any time and without notice. Further,
product availability is subject to change without notice. If
the website or catalog displays an incorrect price, we reserve
the right to cancel your order and provide a refund, or adjust
to the current price. All orders are subject to acceptance by
The Original Soap Dish®. Orders are not binding upon The Original
Soap Dish®until accepted by The Original Soap Dish®. Prices
listed are in U.S. dollars. Some products may not be available
for shipment outside the United States. The Original Soap Dish®
reserves the right to refuse service, terminate accounts or
cancel orders in its sole discretion.
3.
Payment Terms. A $25 minimum order is required. We accept
payment by Visa®, Mastercard®, and Discover®. We
do not accept PayPal, checks, money orders, international money
orders, wire transfers, cashier's checks, or COD's. Any checks
or money orders received by mail will be returned. Prices do
not include any present or future sales, use, excise, value-added
or similar taxes and, where applicable, such taxes shall be
billed as a separate item and paid by customer. All purchases
must be paid for at the time the order is placed. We do not
offer net terms. NO EXCEPTIONS
will be made to our payment policies.
Due
to high incidences of Internet credit card fraud, billing name
and address MUST match the name and address on the credit
card being billed, or your order will not be processed. As long
as the billing details match the credit card, we will ship to
a different address. With the rise in credit card fraud and
identity theft, we will continue to do all that we can to protect
our customers' personal information. NO
INTERNATIONAL CREDIT CARDS WILL BE ACCEPTED (See section 9 for
details).
The
Customer is required to make full payment for each and every
item purchased. The Original Soap Dish® will not be bound
by any endorsement or statement on any payment or in any letter
accompanying a payment. The Original Soap Dish®'s acceptance
of anything less than full payment will not limit The Original
Soap Dish®'s right to pursue full payment and remedies.
4.
Rush Orders. All orders are shipped on a first come,
first served basis. If you require faster shipping, our cart
offers expedited shipping options. If you require your order
to be processed ahead of other orders, we offer an In-House
Rush service for a $10 fee. In-House Rush orders should be placed
with us by phone.
5.
Shipping & Handling. UPS®
is our designated shipper, and orders are shipped via UPS®
ground. Expedited shipping options are available in our shopping
cart. Rates are based on weight and shipping zone of your order.
A valid physical street address MUST be provided,
as UPS® is not able to deliver to post office boxes. Orders
received without a valid street address will not be processed.
For
approximate UPS® Ground time-in-transit from our location
click
here.
We
will not ship via the US Postal Service. Requests for this shipping
option will receive no response. Shipment of many of the products
carried by The Original Soap Dish® are prohibited by the
US Postal Service.
UPS®
charges a rerouting fee for address corrections. If an address
correction, due to an incorrect address being given in the shopping
cart is required, the customer will be held responsible for
all rerouting charges. Please be sure to double check that your
address is correct. The same policy applies to returns. If a
package needs to be returned due to customer error, the customer
will be held responsible for all shipping charges. Rerouting
fees must be paid before placing any future orders with The Original Soap Dish®.
Turn
around time on most orders is 24-48 hours, excluding time in
transit. During the holidays, turn around time may take 2 -
3 days.
Delivery
dates provided in advance are estimates only and shall not represent
fixed or guaranteed delivery dates.
6.
Shipping Terms for Caustics
Please
read ALL conditions before ordering. We have a ZERO
exception policy to the following terms, and failure to comply
with them will result in the cancellation of your order. Please
do not call or email us asking to be an exception. The answer
will always be NO.
Sodium
hydroxide and potassium hydroxide are hazardous materials,
and shipment of these substances are governed by USDOT regulations
(49CFR173.154 Exceptions for Class 8 corrosives).
Due
to state and local regulations, we
reserve the right to refuse any sale of this item.
The Original Soap Dish® is a participant in Indiana's Meth
Watch Program, and suspicious sales may be reported to law enforcement.
We also reserve the right to adjust any order of this item to
meet shipping, state, or local regulations. Sodium Hydroxide
is a chemical used in the manufacture of meth-amphetamines,
a drug which is presenting our nation with a cultural crisis.
The Original Soap Dish® is committed to social responsibility
where this matter is concerned, and is completely unwilling
to stand down on our position regarding this matter. The decision
was made to carry caustics in order to make it available in
small quantities to hobbyists. It has never been our intention
to become a source for larger scale producers. For those individuals
interested in purchasing large quantities, we suggest purchasing
from a chemical distributor in your local community.
7.
Damage and Returns. If
your order arrives, and the package appears damaged, refuse
delivery and contact us immediately. Be sure to sign with the
UPS® driver that you are refusing delivery, even if the
driver says it is not necessary. If you discover damaged merchandise
in the package, please save all packaging material and contact
us immediately. If a package is damaged in shipping, we need
to know as soon as possible so that we can ship a replacement
order to you, and file an insurance claim with UPS® to recover
our costs.
Because
we cannot assure the purity of a product once it has been shipped,
we do not accept returns. If you are dissatisfied with your
order, please feel free to contact us within 30 days, and we
will discuss possible resolution. THERE IS NO GUARANTEE
THAT A REFUND OF THE PURCHASE PRICE WILL BE MADE DUE TO DISSATISFACTION
OR FOR ANY OTHER REASON.
8.
Local Orders. Please
note that we are an Internet based company. Because we do not
maintain a storefront, we are not able to accept walk-in customers
or offer local pickup.
9.
International Orders. We ship within the United States
only. International orders will not be accepted. Also, we do
not accept international credit cards. If your credit card does
not bill to a United States address, the order will be canceled.
10.
Warranty & Disclaimer. THE PRODUCTS SOLD BY
The Original Soap Dish® ARE NOT WARRANTED AS SUITABLE FOR
ANY PARTICULAR PURPOSE PARTICULAR TO THE CUSTOMER. THE SUITABILITY
OF PRODUCTS FOR ANY PURPOSE PARTICULAR TO THE CUSTOMER IS FOR
THE CUSTOMER, IN THE CUSTOMER'S SOLE JUDGMENT, TO DETERMINE.
The Original Soap Dish® ASSUMES NO RESPONSIBILITY FOR THE
SELECTION OR FURNISHING OF PRODUCTS SUITABLE TO THE INDIVIDUAL
NEEDS AND PURPOSES OF ANY PARTICULAR CUSTOMER.
NO
WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY
OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, HAVE BEEN
MADE BY The Original Soap Dish® IN REFERENCE TO ITS PRODUCTS
UNLESS EXPRESSLY PROVIDED FOR IN WRITING.
Since The Original Soap Dish® cannot control the manner
of use of its products after their sale, The Original Soap Dish®
will not be responsible for any consequential, incidental or
indirect damages. Additionally, certain persons may be allergic
to some products sold by The Original Soap Dish®. The Original
Soap Dish® is not responsible for warning of potential symptoms
or side effects caused by any product sold by The Original Soap
Dish®. It is the sole responsibility of the Customer to determine
whether the products purchased are suitable for his/her needs.
If The Original Soap Dish® is found to be liable for any
reason, its liability is limited to, and shall not exceed the
purchase price paid for any product causing said liability.
The Original Soap Dish® acts only as a distributor of products
manufactured by other companies. Consequently, The Original
Soap Dish®expressly limits its liabilities to any warranties
or guarantees extended by the manufacturer, which The Original
Soap Dish® will pass on to the Customer. NO WARRANTY
WILL APPLY IF ITS PRODUCTS ARE IN ANY WAY ALTERED OR MODIFIED
AFTER DELIVERY BY The Original Soap Dish®. The Original Soap
Dish®'S PRODUCTS ARE NOT RECOMMENDED OR AUTHORIZED FOR ANY USE
WHICH COULD RESULT IN SUBSTANTIAL HARM TO PERSONS OR PROPERTY.
Customer assumes all risk and liability for use in such applications
and agrees to indemnify The Original Soap Dish® for all
damages that may be incurred due to use of The Original Soap
Dish®'s products in these prohibited applications. Any cause
of action against The Original Soap Dish® must be instituted
within one (1) year from the date the cause of action arose
or be forever waived and barred.
ALTHOUGH
The Original Soap Dish® HAS USED REASONABLE EFFORTS TO ACCURATELY
ILLUSTRATE AND DESCRIBE THE PRODUCTS IN ITS LITERATURE, AND
WEBSITE, SUCH ILLUSTRATIONS AND DESCRIPTIONS ARE FOR THE SOLE
PURPOSE OF PRODUCT IDENTIFICATION AND DO NOT PROVIDE AN EXPRESS
OR IMPLIED WARRANTY OR AFFIRMATION OF FACT, OF ANY KIND OR A
WARRANTY OR AFFIRMATION OF FACT THAT THE PRODUCTS WILL CONFORM
TO THEIR RESPECTIVE ILLUSTRATIONS OR DESCRIPTIONS. ADDITIONALLY,
WHILE MANY OF THE PRODUCTS WE CARRY ARE FOOD GRADE WHEN WE PURCHASE
THEM, WE ARE NOT LICENSED TO RESALE THESE ITEMS FOR HUMAN CONSUMPTION.
OUR PRODUCTS ARE SOLD FOR EXTERNAL USE ONLY. The Original Soap
Dish® DISCLAIMS ANY LIABILITY RELATED TO PRODUCT MISUSE,
IMPROPER PRODUCT SELECTION, PRODUCT RECOMMENDATION OR PRODUCT
MISAPPLICATION.
11.
Force Majeure. The Original Soap Dish® shall not
be liable for loss or damages caused by any delay or failure
to perform resulting in whole or in part from Acts of God, severe
weather conditions, labor disruptions, governmental decrees
or controls, insurrections, war risks, shortages, inability
to procure or ship product or obtain permits and licenses, or
any circumstance beyond the control of The Original Soap Dish®
in its business operations.
12.
Governing Law. Any sales hereunder shall be governed
by the laws of the State of Indiana without regard to conflicts
of laws rules and venue shall be in the federal and state courts
of Whitley County, State of Indiana, United States of America.
The parties expressly exclude the application of the 1980 United
Nations Convention of Contract for the International Sales of
Goods, if otherwise applicable.
13.
Severability. If any provision or provisions of this
Terms and Conditions of Sale shall be held to be invalid, illegal
or unenforceable, such provision shall be held to be invalid,
illegal or unenforceable, such provision shall be enforced to
the fullest extent permitted by applicable law, and the validity,
legality and enforceability of the remaining provisions shall
not in any way be affected or impaired thereby.
14.
Dispute Resolution. All actions by The Original Soap
Dish® or Customer shall be brought before any judicial court
of competent jurisdiction located in Whitley County, Indiana.
The prevailing party shall be entitled to recover all costs,
expenses, and fees (including attorney fees).
15.
Waiver. The Original Soap Dish®'s failure to insist on performance
of any term or condition contained in this Terms and Conditions
of Sale, or failure to exercise any of The Original Soap Dish®'s rights
hereunder, shall not constitute a waiver of any of The Original Soap Dish®'s right or remedies under this Terms and Conditions of
Sale.
16.
No Third Party Benefit. The provisions set forth in these
Terms and Conditions of Sale are for the sole benefit of the
parties hereto, and confer no rights, benefits or claims upon
any person or entity not a party hereto.
17.
General. All orders are subject to acceptance by The Original Soap Dish®. Any representation, affirmation of fact and course
of dealing, promise or condition in connection therewith or
usage of trade not incorporated herein, shall not be binding
on either party.
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