General Terms and Conditions of Sales
GENERAL TERMS AND CONDITIONS OF SALES
All sales of Marilyn Tov products shall be governed by the General Terms And Conditions Of Sale described herein (the “Terms and Conditions”). No changes, alterations, amendments, deletions, exceptions or additions to the Terms and Conditions will have any effect, whether purported to be a condition of purchase by any potential or actual purchaser (“purchaser”) or otherwise, unless expressly consented to by Marilyn Tov.
- Right of Refusal
Marilyn Tov reserves the right to refuse any order or to require a guaranty with respect to any order. - Prices Listed in non-U.S. Currency
Marilyn Tov reserves the right to alter its price at any time for any order placed in a non-U.S. currency if the exchange rate (against the U.S. dollar) for that currency has changed by more than 5% since the order was placed. - No Reliance Prior to Payment of the Non-Refundable Deposit
The purchaser may not rely on representations made by Marilyn Tov until after payment of the non-refundable deposit described below. - Terms of Payment; Non-Refundable Deposit
a) Marilyn Tov requires payment of a non-refundable deposit in the amount of 30% of the purchase price for all orders. Complete payment of the non-refundable deposit is due within five (5) business days after the purchaser receives the initial invoice.
b) The balance of the total purchase price, including any applicable fees and costs (the “total purchase price”), is due prior to shipment, with no exceptions. Marilyn Tov will not, under any circumstances, accept partial payment for shipment of a whole or partial order.
c) As addressed in further detail below, all merchandise is the exclusive property of Marilyn Tov until full payment is received by Marilyn Tov. - Payment of Fees
The purchaser is responsible for payment of shipping costs, any customs fees and any additional fees relating to shipment, including but not limited to those that may be particular to the country in which their shipping address is located and those that are not typically associated with shipping within the United States. - Cancellations
Orders shall not be cancelled by the purchaser after payment of the non-refundable deposit. - Damage or Loss During Shipment
Goods are shipped at the purchaser’s risk. In the event of damage, theft or total or partial loss, it is the purchaser’s responsibility to pursue claims with or against the carrier. - Shipping dates; Receipt of goods
General shipping schedule is as follow:
- Spring/ Summer collection: Delivery between January 15th and February 15th-
- Fall/ Winter collection: Delivery between August 15th and September 15th
In the event of late dispatching, no termination or cancellation may be deemed valid, if it is not preceeded by a formal demand by registred letter from the buyer. Upon receiving the formal demand, Marilyn Tov reserves the right to dispatch during a period of 30 days. The formal demand may not be sent by the buyer before the dispatching deadline.
The purchaser must inspect all goods shipped immediately upon receipt and inform Marilyn Tov of any concerns regarding the condition of goods within five (5) business days.
- Handmade and Hand-Knit Goods Not Perfect
Marilyn Tov often sells goods that are made by hand, including hand-knit goods. Goods that are made by hand are not always identical in construction, shape or color. The purchaser is hereby given notice that handmade goods, including those that are hand-knit, may not be “perfect” or identical to models the purchaser has seen first-hand or on Marilyn Tov’s website. Accordingly, Marilyn Tov will not accept returns or exchanges of handmade goods, including those that are hand-knit, on the sole basis that they are not identical to each other or to models the purchaser has seen firsthand or on Marilyn Tov’s website. - Refunds; Exchanges
All Marilyn Tov goods are carefully inspected by hand, piece-by-piece prior to shipment
Marilyn Tov will not issue refunds or exchange goods without a written authorization. - Retention of Title
All goods remain the exclusive property of Marilyn Tov until completion of payment of the total purchase price by the purchaser. - Late Payments
The purchaser shall adhere to the deadline set for payment of the total purchase price. If the purchaser believes that it will not be able to adhere to that deadline, it will inform Marilyn Tov of that belief immediately.
If the purchaser is not able to complete payment of the total purchase price within fifteen (15) days after the agreed date of payment, Marilyn Tov reserves the right to:- cancel all or part of the order(s) at issue;
- sell all or part of the order at issue to another purchaser; and
- retain the non-refundable deposit relating to the transaction.
In such a case, regardless of any mitigation of damages to Marilyn Tov, the purchaser will reimburse Marilyn Tov for its costs of production, including but not limited to the costs of fabric and labor, and any legal or extralegal costs relating to or arising out of the transaction or Marilyn Tov’s attempts to mitigate its losses.
- Resale of Goods Absolutely Not Permitted
The purchaser shall sell Marilyn Tov goods only at the premises located at the address indicated on its order form, or at its online store web address indicated on its order form.
Selling Marilyn Tov goods from other locations, real or virtual, including but not limited to non-proprietary websites (e.g., eBay.com, Amazon.com), is absolutely forbidden.
- Mark-Down Schedule
The purchaser shall not mark down Marilyn Tov goods until at least 60 days after receipt of goods. No exceptions to this schedule will be made for any reason.
- Intellectual Property
- Marilyn Tov Labels
The purchaser shall not, unless by express, prior agreement with Marilyn Tov, remove, or alter in any way, Marilyn Tov labels.
- Choice of forum
Any disputes relating to or arising from sales of Marilyn Tov goods, including disputes regarding the interpretation of these Terms and Conditions, shall be heard in a court within the city of New York, New York. - Legal Costs
In the event that any litigation is commenced relating to or arising from the sale of Marilyn Tov goods, or the interpretation of these Terms and Conditions, the purchaser will pay the legal expenses, including but not limited to attorneys’ fees, of Marilyn Tov and its agents.
The purchaser shall not reproduce, in full or in part, any Marilyn Tov products, including but not limited to goods formerly or currently for sale, designs available for view on its website or otherwise, models, samples or images. The purchaser also shall not aid or abet any third party in so doing.
If the purchaser violates any provision of these Terms and Conditions, Marilyn Tov reserves the right to retain possession of any goods at issue and any non-refundable deposit paid by the purchaser during the pendency of the dispute.