Effective Date: June 08, 2017
Welcome to the West Third Brand's Website (the "Site").
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT MAY APPLY TO YOU. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
2. Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. Purchase Related Policies and Procedures
To make a purchase on the Site, you must be 18 years old or the age of majority in your jurisdiction of residence.
The prices are shown in USD and are quoted including or excluding taxes depending on your address of delivery.
The shipping costs are not included in the price.
The prices may be modified at any time. However, West Third Brand applies the price list in force shown on its Internet site at the time of ordering.
Payment is due upon ordering. No order can be dispatched without confirmation from our bank that your payment has been received. Online payment is accepted exclusively by credit card: VISA, AMERICAN EXPRESS, MASTERCARD, DISCOVER
Due to strict international transport regulations (IATA), we are not allowed to ship items containing alcohol outside the continental USA. Hence, West Third Brand currently DOES NOT offer international shipping.
West Third Brand undertakes to accept and deliver orders within the limit of available stocks. In case items are temporarily or permanently unavailable, we will send you an e-mail so that you are informed. You will then have the option of modifying or canceling your order. In case of a cancellation because of the temporary or permanent non-availability of items, we undertake to give you a full refund as quickly as possible. In confirming your order, you are accepting all of our general conditions of sale. West Third Brand takes no responsibility for lost shipments although we will do our best to track them down.
All orders are shipped via UPS Ground. UPS does not ship to: PO Boxes. Shipments to international locations, U.S. territories, AK, HI including Puerto Rico, APO/FPO addresses and express ship methods are unavailable.
When your order has been processed and shipped a tracking number will be sent to you via email so you can track your package in transit. You may also login into your store account and track your purchase from there.
Orders are shipped Monday & Tuesdays excluding holidays. Orders are not delivered on the weekends or federal holidays. Order placed on Wednesday, Thursday or Friday will ship on the following week. Please keep in mind that your order is Made-to-Order and can take up to a week to produce. All orders will be processed within three days and shipped within 5 business days maximum, though processing times may vary due to availability of raw materials. Please keep in mind, your order is poured-to-order and is made especially for you.
NOTE: West Third Brand is released of accountability once UPS takes possession of the goods, therefor we are not responsible if you input the incorrect address on your order nor is West Third Brand responsible for theft at the destination. Please also note that tracked deliveries that cannot be delivered because of absent clients will be shipped again at the client’s expense or cancelled.
We highly recommended shipping to a commercial address, such as your place of work where a signature is required.
Delivery times will vary according to the destination and type of delivery. West Third Brand cannot be held responsible for any delays in delivery. Delayed delivery will not give rise to any penalty nor indemnity, and cannot be used as reason for cancelling the order.
If theft has occurred you must call UPS immediately with the tracking number.... as our record, via UPS, likely will show the package was delivered to the destination provided. UPS Customer Service: (800) 742-5877
HOLIDAY CLOSURES: West Third Brand shuts down for every national and shipping on the next shipping day: Monday, Tuesday, Wednesday. Plus W3B takes a Holiday Break every year. Orders placed during this time will be produced and shipped the first week of January.
By confirming your order you have agreed with the Terms & Conditions of West Third Brand. And therefore entered into a binding agreement. An automatic e-mail will be sent to you as confirmation of your purchase.
EXCHANGES, RETURNS AND DAMAGES
All Sales are Final. Choose carefully, our made-to-order creations are not refundable nor can be exchanged.
West Third Brand does not replace, refund or exchange products that have been purchased from one of our retail partners.
Please report any in-transit damages within 24 hours of receipt of goods. In addition, we require documentation so please be prepared to send e-mailed photos of the damaged goods.
West Third Brand is not responsible for any damages that occur once you have taken ownership. This includes: dropping the bottle, or unscrewing the spray pump from its original seal that could cause evaporation of the liquid or leakage.
Merchandise available on this site is subject to change without notice. If an item you have purchased is unavailable we will contact you immediately and give you the opportunity to exchange it or cancel your order with a full refund.
Please refer to link "Wholesale Information" at the bottom of this page.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability and, we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Texas, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Texas. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF WEST THIRD BRAND, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN WASHINGTON AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that these Terms and Conditions and any and all other legal notices or statements posted on the Site constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change or modify all or part of these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.