4) Shipping and Delivery
Products purchased via the Website may only be delivered within the United States. Any orders containing a delivery address situated outside the U.S. will be rejected.
Products will be shipped to the delivery address specified during the ordering procedure. We shall not be responsible for any failed delivery due to subsequent changes of address.
You are responsible for the shipping costs associated with the delivery of Products you purchase through the Website. We will inform you of the shipping costs before you send your order. This amount will be payable by you in addition to the price, including taxes, of the Products ordered.
Delivery dates are deemed to be estimates only.
Any failure to deliver or late delivery exceeding eight (8) business days should be reported to our customer service as soon as possible. In order for your claim to be accepted, please notify us of it within a maximum of thirty (30) calendar days from the date of confirmation of your order.
IN ANY CASE, NEITHER SELLER NOR MANUFACTURER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR FAILURE TO FILL, OR DELAY OR ERROR IN FILLING ANY ORDER, OR FOR ANY DELAY IN DELIVERY. IN CASE OF PROVEN FAILED DELIVERY ATTRIBUTABLE TO SELLER OR MANUFACTURER, YOU WILL BE ONLY ENTITLED TO REQUEST, ALTERNATIVELY, DELIVERY OF THE SAME PRODUCT FREE OF CHARGE OR REFUND OF THE PURCHASE PRICE PAID.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the Products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
5) Return Policy
Please keep all original packing material, boxes, and documentation in the event that your merchandise needs to be returned. Items returned without all packing material may not be accepted.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the Products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
If the Products do not conform to your order or you are not satisfied with them, you may return them and request either exchange or refund according to the following terms and conditions.
Returns
You are entitled to return any Product ordered via the Website within twenty (20) calendar days following the date of delivery.
Returns must be sent unused, in their original condition and packaging to the following address:
WELLS HOSIERY MILLS, INC
1758 South Fayetteville Street
Asheboro North Carolina 27205
USA
Returns will NOT be accepted, and refund or exchange will NOT be processed, if the Products returned have been opened, worn or are not in their original packaging. Any Product that smells of smoke, perfume, lotions or laundry detergent will not be eligible for refund or exchange.
Returns must be shipped back to us using a sturdy corrugated cardboard box (NOT an envelope). Failure to do so will result in a 15% restocking fee.
Seller or Manufacturer have the sole discretion in determining whether the Products are in their original condition when returned.
Neither Manufacturer nor Seller will be responsible or liable if any item you wish to return is lost, misdirected or delivered late.
Refunds
If you ask for a refund, we will use commercially reasonable efforts to ensure that any refund will be made within seven (7) business days of receipt of the goods returned. Full refund of the original purchase price of the merchandise, except for shipping charges, shall be provided.
Any credit card purchase requiring a refund amount of $100.00 or greater will incur a 4% charge to cover transaction fees.
If customer receives a return authorization number for a refund under false pretenses we reserve the right to refuse the refund.
Exchanges
Products returned in their ORIGINAL PACKAGING may be exchanged for Products of equal or greater value within seven (7) business days of receipt of the goods returned. Products that have been worn or damaged can not be returned. Garments that have been tried on must be laundered prior to returning.
If you receive the wrong size, style, or color, we will replace or exchange the Product if timely returned (see "Returns" above), as long as it is in the original packaging and unworn.
Manufacturer Defects
Any gross Manufacturer's defect found within 30 days of wearing should be returned to us for a complete evaluation to be done by the Manufacturer. We will contact you when we receive the results from the Manufacturer's evaluation. Worn garments must be laundered before returning. Garments returned to us unlaundered will be returned unevaluated.
Refused Delivery
Purchases refused at the time of delivery will be refunded minus shipping charges and a 10% restocking fee.
Requesting a Return
If your order qualifies for a Return or an Exchange, email our Returns Department at customerservice@relaxsanstore.com. Please provide the following information: Purchaser's Name, Order/Invoice Number, the Product Catalog Number that is being returned, reason for return, and the course of action that is being requested. A return merchandise authorization number (RMA) will be emailed to you within 48 business hours of the request being received. ANY ORDER RETURNED WITHOUT A RETURN AUTHORIZATION NUMBER WILL RECEIVE A 15% RESTOCKING FEE.
6) DISCLAIMER
IN NO EVENT SHALL SELLER OR MANUFACTURER BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF ANY DEFECT OR FAILURE OF THE PRODUCTS, BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SELLER OR MANUFACTURER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding any other provision hereof, in no event shall Seller's and Manufacturer's total liability relating to or in connection with any Products whether based on contract, warranty, tort (including negligence), strict Product liability or otherwise, exceed the actual amount paid by you for the Product(s) giving rise to the liability.
7) Force Majeure
Neither Seller nor Manufacturer shall be liable for any damages for delay in delivering Products or for failure to give notice of delay when such delay is due to acts of God, acts of the buyer, act of civil or military authority, war, riots, concerted labour action, shortages of materials or any other causes beyond our reasonable control. The anticipated delivery date shall be deemed extended for a period of time equal to the time lost due to any delay excusable under this provision.
B) TERMS AND CONDITIONS OF USE OF THE WEBSITE
The Website is operated by Manufacturer, who has granted Seller the right to sell the Products to US individual consumers over the Internet.
The use of the Website is subject to these terms and conditions ("Terms and Conditions of Use"). By using the Website, you accept to comply with, and be bound by, these Terms and Conditions of Use and the Privacy Policy for the Website ("Privacy Policy"), as set forth below.
Manufacturer and Seller may update these Terms and Conditions of Use and the Privacy Policy at any time without prior notice.
8) Security and Personal Data
The Website's Privacy Policy (see "Privacy Policy" section in the Website) governs the use of any personal information that you agreed to provide to us on this Website. Manufacturer or Seller may modify or amend the
Privacy Policy at any time as provided in the Privacy Policy.
The Website is not intended to minor children.
9) Intellectual Property
The Website, including any and all information and materials contained therein, are the Manufacturer's exclusive property. Any total or partial reproduction by any means (except as expressly provided herein), as well as any distribution, publication, transmission, modification or sale of any such information and materials contained on the Website, are prohibited.
The "Relaxsan" and "FarmaCell" trademarks and all other registered or unregistered marks and logos, displayed on the Website, as well as the domain name www.relaxsanstore.com are and will remain the exclusive property of Manufacturer. Any use of these trademarks for any purpose without prior, express agreement of Manufacturer is prohibited.
You may not remove or alter any copyright, trademark or other proprietary notice contained on the Website or any content thereof. You may access and view the content on the Website on your computer or other device and you may make a single copy of web pages published on the Website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
10) Linking
The Website may contain links to third party websites not under the operation or control of Manufacturer or Seller. Such links are provided as a convenience only and can not be interpreted as an express or implied endorsement of such third party websites or any products or services offered thereon. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such third parties websites. You may only provide a link to the Website if expressly authorized in writing by Manufacturer.
11) Limitation of Liability
Neither Manufacturer nor Seller shall be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the Website, even if we have been advised of the possibility of such damages.
12) Disclaimer of Warranty
Neither Manufacturer nor Seller guarantee or represent that the Website is free from viruses or other destructive material, or that the information contained on the Website are accurate, complete or up to date. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
The Website and its contents are provided on an "as is" and "as available" basis. Manufacturer and Seller expressly disclaim all warranties of any kind, whether express or implied, concerning the Website.
13) Governing Law, Jurisdiction
This agreement, including both the "Terms and Conditions of Sale" and the "Terms and Conditions of use of the Website", is governed by the laws of the State of North Carolina, without regard to its conflict or choice of law provisions. You acknowledge and agree that North Carolina is an appropriate place for venue of any litigation and that North Carolina courts have jurisdiction over this agreement and you.