These terms and conditions govern the sale of any product as sold in the Super Villain Supply Shop by Super Villain Supplies LLC. (“SVS”) to the Product purchaser (the“Buyer”). Buyer’s acceptance of these terms, as evidenced by checking the accept box before the Product is added to the cart, shall be deemed to constitute acceptance of the terms and conditions stated below.
1. Orders: All orders placed by Buyer are subject to acceptance by SVS. Cancellation of orders is subject to our cancellation policy.
2. Price: The price of the Product is that specified on SVS’s website at the time of purchase, plus applicable shipping costs, customs duties, and all taxes including federal,state and local sales, excise and value added, and any others, minus any promotional discounts given to the Buyer at time of purchase. Buyer agrees to indemnify and hold SVS harmless for any liability for tax or duties in connection with the sale, as well as the collection or with holding thereof, including associated penalties and interest. When applicable, shipping costs and taxes shall appear as separate line items on the purchase receipt.
3.Delivery and Title: Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. SVS’s stated delivery dates are estimates only and SVS is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of SVS, nor shall the carrier be deemed an agent of the SVS.
4.Returns, Refunds and Exchanges: See our Shipping and Return Policy.
5. Limitation of Liabilities: Buyer’s recovery from SVS for any and all claims arising out of the purchase or use of the Product shall not exceed the price paid for the Product irrespective of the nature of the claim, whether in contract, tort, warranty, or otherwise.SVS shall not be liable for any defects caused by: fair wear and tear; materials or workmanship made, furnished or specified by Buyer; non-compliance with SVS’s storage, installation, operation or environmental requirements provided in the Product package; lack of proper maintenance; or any modification or repair by the Buyer. No representations, warranties or conditions of any kind, express or implied, shall apply as to satisfactory quality, merchantability, fitness for any particular purpose or any other matter with respect to the Product.
6. Trade Control Laws: Buyer certifies that it will be the recipient and end-user of the Product delivered by SVS, and Buyer represents it will not export, reexport, sell, or otherwise transfer, directly or indirectly, the Product. Buyer agrees to comply with all applicable import and export control restrictions.
7. Use of Product: Product is not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Product could reasonably be expected to result in personal injury, loss of life or property damage, or for use by minors. If Buyer uses Product in any such applications: (1) Buyer acknowledges that such unauthorized use is at Buyer’s sole risk; (2) Buyer agrees that SVS is not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold SVS harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use.
8. Force Majeure: SVS is not liable for failure to fulfill its obligations for any accepted order or for delays in delivery due to causes beyond SVS’s reasonable control including acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, changes in law, material shortages, fire, floods, epidemics, quarantine restrictions, acts of terrorism, or delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing SVS from performance and barring remedies for non-performance. In an event of force majeure condition, the SVS’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting SVS to any liability or penalty.
9. Technical Assistance or Advice: If technical assistance or advice is offered or given to Buyer, such assistance or advice is provided free of charge and only as an accommodation to Buyer. SVS shall not be held liable for the content or Buyer’s use of such technical assistance or advice, and no statement made by any of SVS’s representatives in connection with the Product shall constitute a representation or warranty, express or implied.
10. Notification: WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov.
11. Arbitration and class action waiver: Any controversy or claim arising out of correlating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. I agree to litigate only in my individual capacity and not as part of a class mass action or in another collective capacity.
See our Shipping and Return Policy.
See our Shipping and Return Policy.