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General Terms and Conditions of Sale (“GTCS”)
1. Notice of Definitions, Important Rights, Obligations and Conditions apply to all sales of goods by us not withstanding any conflicting, contrary or additional terms and conditions in any purchase order.
All sales made by Paramount Tattoo Studio LLC are governed by these Terms and Conditions of Sale unless otherwise indicated by Paramount Tattoo Studio LLC in writing.
2. Definitions, in addition to the terms defined elsewhere, the following terms used herein have the following meanings;
a. These Terms of Sale (the “Terms”) apply to the purchase and sale of products from Paramount Tattoo Studio LLC. through our website https://www.paramounttattoostudio.com (the “Site”).
b. “Customer” means the purchaser of Jewelry, Adult toys, Merchandise, Equipment or Services from Paramount Tattoo Studio LLC
This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you. Please read it carefully.
DO NOT ORDER PRODUCTS OR SERVICES FROM US IF ANY OF THE FOLLOWING APPLY TO YOU:
YOU DO NOT AGREE TO THESE TERMS; YOU ARE UNDER THE AGE OF 18; OR IF YOU ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING THIS SITE OR PROHIBITED FROM USING OR POSSESSING ANY OF OUR PRODUCTS.
BY USING OUR SITE TO ORDER PRODUCTS OR SERVICES, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, ACCEPT THE CONDITIONS AND AGREE TO BE BOUND BY THESE TERMS.
ANY DISPUTE THAT MAY ARRISE WILL REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS IN ORDER TO RESOLVE DISPUTES, RATHER THAN TRIAL BY JURY OR CLASS ACTIONS.
Without previous written notice, these Terms are subject to modification at any moment. The most recent version of these Terms will be displayed on the Site, and you should read them before buying anything. Your continuous purchases of items from our Site following the posting of a change to these Terms will be deemed your acceptance and consent to the changes.
3. Acceptance and Cancellation of Orders
Your order represents an offer to purchase all of the products listed within your order, subject to these Terms. We must accept all orders before we are committed to sell the items to you. In our sole discretion, we may refuse to accept any orders. We'll send you an email confirmation after we've received your order, with your order number and details on the things you've purchased. Unless and until you receive an order confirmation email and, if necessary, provide any verification information requested by us, your purchase will not be accepted, and a contract of sale will not be formed between you and Paramount Tattoo.
You will not be able to cancel an order after it has been verified by us. If we suspect an order is fraudulent, we may cancel it.
4. Prices and Terms of Payment
1. All prices on this site are subject to change at any time without notice. The price you will be charged for a product or service will be the price in force at the time you place your order, as stated in your order confirmation email. We retain the right to cancel any purchases placed as a result of typographical mistakes in our offers.
2. Taxes and shipping and handling expenses are not included in the listed pricing. All applicable taxes and fees will be added to the final cost of your order.
3. Payment terms are at our own discretion, and payment must be received before we may accept an order. You guarantee and signify that: (i) You have provided us with accurate, right, and full payment card or account information.; (ii) You have full authority to make the purchase using this credit card or account.; (iii) Your credit card company or payment service provider will honor the charges you have incurred.; and (iv) You will be responsible for any costs incurred at the advertised pricing, including all applicable taxes and shipping fees, if any.
4. On all orders, we collect sales tax (where applicable) based on where the order will be sent. If you're a wholesaler or reseller, you'll need to present us with a valid, current resale certificate so that we don't charge you sales taxes.
5. Shipments; Delivery; Title and Loss Probability.
- PO Boxes, APO, and FPO addresses are not acceptable shipping addresses for anything purchased on this Site. An actual physical delivery address is required.
- We will arrange for the product to be delivered to you. On the check-out page, you'll see the shipping choices available for your items. Unless otherwise specified, you will be responsible for all shipping and handling costs.
- Orders for in-stock merchandise are usually sent within two (2) business days. On weekends, we do not ship.
- When we transfer the merchandise to the carrier/delivery business, title and risk of loss pass to you.
- Dates for shipping and arrival are simply estimates and cannot be confirmed. Due to occurrences beyond our control, such as poor weather, natural catastrophes, or terrorist strikes, deliveries may be delayed. We are not responsible for any delivery delays.
- Unless otherwise specified at checkout, all duties and taxes are your responsibility and must be paid by you.
6. Refunds and Returns
Except for products designated on the Site as non-returnable or products that are configured-to-order or customizable and subject to the limited warranty set forth below, we will accept a return of the products for a refund of the purchase price, less the original shipping charges, if the return is made within 30 calendar days of the invoice date and the products are returned in their original, unopened, and unused condition. We cannot accept returns of opened or used items unless they are faulty and covered by the limited warranty specified in Section 7 below.
To return a product, go to https://www.paramounttattoostudio.com/returns and follow the guidelines there. You must return the product in its original packing, including with any accessories, manuals, instructions, or other materials that came with it.
Unless the product is faulty and covered by the limited warranty described below, you are responsible for all shipping and handling expenses on returned products. You are responsible for any loss that occurs during shipment.
Refunds are usually completed within 5 to 10 business days of receiving your product (so long as the merchandise is returned in original condition and returned within 30 days of the invoice date). Your refund will be issued in the form of a shop credit or credited to the same payment method that was used to make the initial purchase on the Site. WE DO NOT PROVIDE REFUNDS FOR ANY NON-RETURNABLE PRODUCTS OR PRODUCTS THAT ARE CONFIGURED-TO-ORDER OR CUSTOMIZED, AS DEFINED ON THE SITE.
7. Warranty is limited.
THIS LIMITED WARRANTY GRANTS YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE SOME OTHER LEGAL RIGHTS THAT VARY BY STATE.
WE WARRANT THAT HARDWARE COMPONENTS OF PRODUCTS MANUFACTURED BY US AND PURCHASED FROM THE SITE WILL BE FREE OF MATERIAL AND WORKMANSHIP DEFECTS DURING THE WARRANTY PERIOD. ANY PRODUCTS MANUFACTURED BY THIRD PARTIES AND PURCHASED THROUGH THE SITE WILL BE SUBJECT TO THE THIRD PARTY'S WARRANTY, IF ANY.
OTHER EQUIPMENT, COMPONENTS, OR DEVICES USED IN CONJUNCTION WITH OUR PRODUCTS ARE NOT COVERED BY THIS LIMITED WARRANTY.
ONLY PRODUCTS PURCHASED DIRECTLY FROM US THROUGH OUR WEBSITE OR FROM AUTHORIZED RETAILERS ARE COVERED BY THIS LIMITED WARRANTY. IT DOESN'T APPLY TO PRODUCTS PURCHASED FROM UNAUTHORIZED SELLERS OR PRODUCTS USED OR BOUGHT SECOND HAND.
ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION AND REMEDIES TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THIS LIMITATION MAY NOT BE APPLICABLE TO YOU.
OUR LIABILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND, AS DESCRIBED IN THIS WARRANTY STATEMENT. NO ORAL OR WRITTEN STATEMENT OR ADVICE GIVEN BY US, OUR EMPLOYEES, OR DISTRIBUTORS WILL CREATE A WARRANTY OR EXTEND THE SCOPE OR DURATION OF THIS LIMITED WARRANTY IN ANY WAY.
- What is the Warranty Coverage Period?
This one-year limited warranty begins on the day of delivery and ends on the day of delivery (the "Warranty Period"). If we repair or replace a guaranteed product, the Warranty Period is not extended.
- Who is eligible to benefit from this warranty?
Only the initial purchaser of items and services from the Site is covered by this limited warranty. It does not cover any subsequent or later owners or transferees. This limited warranty excludes any items acquired from illegal third-party sellers, such as those who sell our products on eBay or Amazon.
- What Is Covered By This Warranty?
This limited warranty covers faults in materials and workmanship in the hardware components of items purchased from the Site during the Warranty Period (as defined below). It does not cover any product software components.
- What Is NOT Covered by This Warranty?
This limited warranty excludes any damage caused by:
External causes such as accidents, abuse, theft, or other actions or events beyond our control; transportation; storage; improper use; failure to follow product instructions or perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, theft, or other actions or events beyond our control. This limited guarantee only applies to our goods; it does not apply to any other equipment, components, or devices that may be used in connection with them.
- What Can You Do If You Have a Problem With This Warranty?
We shall, at our sole discretion, replace any damaged items throughout the Warranty Period.: (i) Free of charge, such items (or the damaged part) will be repaired or replaced with a comparable product or part.; or (ii) The purchase price of such goods will be refunded. If we choose to repair or replace the defective products, we will also cover the cost of shipping and handling to send the repaired or replacement product to you.
- What is the procedure for obtaining warranty service? All warranty repair requests must include verification of purchase from the Site (such as an invoice or order confirmation email). You must email our Customer Service Department at email@example.com within the Warranty Period to get information on how to seek warranty service (that is, a repair or replacement as a consequence of a defective product). We'll usually answer within five (5) business days with further instructions, such as if you'll need to return the goods to us and, if so, how.
- Liability Limitation.
THE ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AS WELL AS OUR ENTIRE OBLIGATION AND LIABILITY IN THE EVENT OF A BREACH OF THIS LIMITED WARRANTY. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCTS THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
- What Can You Do If You Have a Dispute With Us? If you feel we have failed to fulfill our duties under this limited warranty or these Terms, you may use the dispute resolution mechanism outlined in Section 12. 8. Intellectual Property Rights.
You understand and agree that:
(a) All rights, title, and interest in or to the items promoted and/or sold through the Site are owned by us or our suppliers, which would include Intellectual Property Rights. "Intellectual Property Rights" means any and all of the following for the purposes of this Agreement: (a) copyrights and moral rights are among the rights linked with works of authorship across the cosmos.; (b) rights to trademarks and trade names, as well as comparable rights; (c) rights to trade secrets; and (d) Designs, Patents, and other proprietary information.
(b) You do not own any Intellectual Property Rights in or to the items advertised or sold through the Site, and you will not own any Intellectual Property Rights in or to the products marketed or sold via the Site as a result of your purchase.
(c) You agree not to: (i) All or any portion of the items may be distributed, republished, or reproduced.; (ii) all proprietary notices, labels, or markings on any product or component of a product should not be removed; (iii) Attempt to reverse engineer, deconstruct, decompile, or otherwise duplicate or replicate the items or any of its components.
9. Merchandise for resale or export If you're a wholesaler or reseller, you'll need to present us with a valid, current resale certificate so we can avoid charging you sales taxes.
You undertake to abide by all relevant state and federal laws and regulations, as well as the laws and regulations of any nation into which you import any items purchased via the Site. You accept that any resale, exportation, importation, distribution, marketing, labeling, licensing, and registration regulations that apply to any items you acquire through the Site are solely your responsibility. You also agree to indemnify, defend, and hold harmless Paramount Tattoo and its directors, officers, employees, and agents from and against any and all claims, liabilities, costs, damages, and expenses arising out of 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.
10. Force Majeure. Paramount Tattoo Studio 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.
11. Jurisdiction and Governing Law.
Except for problems regulated by federal law, these Terms are governed by and interpreted in accordance with the laws of the State of Oregon in the United States, without regard to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction.)
12. Binding Arbitration and Dispute Resolution.
(a) WITH RESPECT TO A CLAIM, YOU AND WE AGREE TO GIVE UP (WAIVE) ANY RIGHTS TO LITIGATE CLAIMS IN COURT OR IN FRONT OF A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. ARBITRATION MAY ALSO PREVENT OR LIMIT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT.
ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION (WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND INCLUDING STATUTORY, CONSUMER PROTECTION.
(b) Except as amended by this Section 12, the arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules if you are an individual consumer and the Commercial Arbitration Rules and Mediation Procedures if you are a corporation. The AAA Rules can be found online at adr.org or by calling 1-800-778-7879. This section's interpretation and enforcement will be governed by the Federal Arbitration Act.
The arbitrator will have the authority to provide any relief that would be available in a court of law or equity. The arbitrator(s)' decision will be final and binding on both parties, and it can be entered as a judgment in any court of competent jurisdiction.
Any relief that would be available in a court of law or equity shall be accessible to the arbitrator. The decision of the arbitrator(s) shall be final and binding on both parties, and it will be enforceable in any court of competent jurisdiction.
(c) If your claim is within the extent of the small-claims court's jurisdiction, you may choose to pursue it in small-claims court rather than arbitration. Your issue or controversy will be the primary focus of the small-claims court case.
(d) You consent to a one-on-one arbitration on a case-by-case basis. NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION, OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN THE EVENT OF A DISPUTE. The arbitral tribunal is not permitted to combine more than one person's claims or to preside over any type of representative or class action. The arbitral tribunal lacks the authority to examine the enforceability of this class arbitration waiver, and any challenge to it must be brought in a court of competent jurisdiction.
13. The Complete Agreement.
If any term of these Terms is found to be invalid, unlawful, void, or unenforceable, that provision shall be deemed severed from the remainder of these Terms, without affecting the validity or enforceability of the remaining sections.