TERMS OF SALE

These Terms of Sale (the “Terms”) apply to the purchase and sale of products from Evenflo Colours, inc through our website https://www.evenflocolours.com (the “Site”). This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

DO NOT ORDER PRODUCTS FROM US IF YOU: 

• DO NOT AGREE TO THESE TERMS; 
• ARE NOT AT LEAST 18 YEARS OF AGE; OR 
• ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING THIS SITE OR USING OR POSSESSING ANY OF OUR PRODUCTS.

These Terms are subject to change without prior written notice at any time. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any product. Your continued purchases of products from our Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

Your order is an offer to buy, under these Terms, all products listed in your order.  All orders must be accepted by us or we will not be obligated to sell the products to you.  We may choose not to accept any orders in our sole discretion. After we receive your order, we will send you a confirmation email with your order number and details of the items you have ordered.  Acceptance of your order and the formation of the contract of sale between Evenflo Colours, inc and you will not take place unless and until you receive an order confirmation email and, if applicable, provided any verification information required by us. 

Once we have confirmed an order, you will not be able to cancel the order.  We may cancel an order if we determine an order is fraudulent.

1. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be set out in your order confirmation email. We reserve the right to cancel any orders arising from typographical errors in any offer by us.
2. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total. 
3. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that: (i) the credit card or account information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card or account for the purchase; (iii) charges incurred by you will be honored by your credit card company or payment service provider; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping charges, if any.
4. We collect sales tax (where applicable) on all orders based on where the order will be shipped.  If you are a wholesaler or a reseller, you must provide us with a valid, current resale certificate in order for us not to charge you applicable sales taxes.  

1. Products purchased through this Site cannot be shipped to any PO Box addresses, APO or FPO addresses.  You must provide a physical delivery address.  
2. We will arrange for shipment of the products to you. Available shipping options for your products will be on the check-out page. You will pay all shipping and handling charges unless otherwise noted.
3. We generally ship orders of in-stock inventory within two (2) business days.  We do not ship on weekends.  
4. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery company. 
5. Shipping and delivery dates are estimates only and cannot be guaranteed.  Deliveries may be delayed due to events outside of our control, such as inclement weather, natural disasters, or terrorist attacks.  We are not liable for delays in deliveries.
6. All duties and taxes are your responsibility and must be paid by you unless otherwise noted at checkout. 

Except for any products designated on the Site as non-returnable or any products that are configured-to-order or customized and subject to the limited warranty set forth below, we will accept a return of the products for a refund of your purchase price, less the original shipping charges, provided such return is made within 30 calendar days of the invoice date and provided such products are returned in their original, unopened and unused condition.  We cannot accept returns of products that have been opened or used unless they are defective and covered by our limited warranty described in Section 6 below.

To return products, you must go to https://www.evenflocolours.com to obtain instructions on how to return your product. You must return the product to us with its original packaging, including any accessories, manuals, instructions, or other items that were shipped with the product. 

You are responsible for all shipping and handling charges on returned items unless the product is defective and subject to the limited warranty set forth below. You bear the risk of loss during shipment.

Refunds generally will be processed within approximately 3 to 10 business days of our receipt of your merchandise (so long as the merchandise is returned in original condition and returned within 30 days of the invoice date). Your refund will be provided as a store credit or credited back to the same payment method used to make the original purchase on the Site. WE DO NOT PROVIDE REFUNDS FOR ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE OR ON ANY PRODUCTS THAT ARE CONFIGURED-TO-ORDER OR CUSTOMIZED.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.  

WE WARRANT THAT, DURING THE WARRANTY PERIOD, HARDWARE COMPONENTS OF PRODUCTS MANUFACTURED BY US AND PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.  ANY PRODUCTS MANUFACTURED BY THIRD PARTIES AND PURCHASED THROUGH THE SITE WILL BE SUBJECT TO THE WARRANTY, IF ANY, PROVIDED BY THE THIRD PARTY. 

THIS LIMITED WARRANTY DOES NOT EXTEND TO OTHER EQUIPMENT, COMPONENTS, OR DEVICES THAT A CUSTOMER MAY USE IN CONJUNCTION WITH OUR PRODUCTS. 

THIS LIMITED WARRANTY ONLY APPLIES TO PRODUCTS PURCHASED DIRECTLY FROM US THROUGH OUR SITE OR FROM AUTHORIZED RETAILERS.  IT DOES NOT APPLY TO ANY PRODUCTS PURCHASED FROM UNAUTHORIZED SELLERS OR ANY PRODUCTS THAT ARE USED OR BOUGHT SECOND-HAND.  

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NO ORAL OR WRITTEN STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR EMPLOYEES OR DISTRIBUTORS WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

1. What Is the Period of Warranty Coverage?

This limited warranty starts on the date of delivery and lasts for one year (the “Warranty Period”).  The Warranty Period is not extended if we repair or replace a warranted product. 

1. Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee.  This limited warranty does not cover any products purchased from unauthorized third party sellers who may, for example, sell our products on sites such as eBay or Amazon.

1. What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in the hardware components of products purchased from the Site.  It does not cover any software components of products.

1. What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

1. transportation;
2. storage;
3. improper use;
4. failure to follow the product instructions or to perform any preventive maintenance;
5. modifications;
6. unauthorized repair;
7. normal wear and tear; or
8. external causes such as accidents, abuse, theft, or other actions or events beyond our control.

This limited warranty only covers our products and does not cover any other equipment, components, or other devices used in conjunction with our products. 

1. What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion: (i) repair or replace such products (or the defective part) with a comparable product or part free of charge; or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to send the repaired or replacement product to you if we elect to repair or replace the defective products.

1. How Do You Obtain Warranty Service?

All requests for warranty service require proof of purchase from the Site (such as an invoice or order confirmation email). To obtain warranty service (that is, a repair or replacement as a result a defective product), you must call 1-855-3547667 or email our Customer Service Department at sales@microbeau.com during the Warranty Period to receive instructions on how your warranty service will be handled.  We will generally respond within five (5) business days with further instruction, including whether you will need to return the product to us and, if so, how to do so.  

1. Limitation of Liability.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

1. What Can You Do in Case of a Dispute with Us?

The dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

You acknowledge and agree that:

(a)  We or our suppliers own all rights, title and interest, including the Intellectual Property Rights, in or to the products marketed and/or sold through the Site. For the purpose of this Agreement, “Intellectual Property Rights” means any and all of the following: (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights and moral rights; (b) trademark and trade name rights and similar rights; (c) trade secret rights; and (d) patents, designs, and other industrial property rights.

(b) You do not have and, by reason or your purchase, will not have or acquire any ownership of any Intellectual Property Rights in or to the products marketed or sold through the Site.

(c) You will not: (i) distribute, republish or reproduce all or any part of the products; (ii) remove any proprietary notices, labels, or marks on any product or any component of any product; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to reproduce or copy the products or any components of the products.

If you are a wholesaler or a reseller, you must provide us with a valid, current resale certificate in order for us not to charge you applicable sales taxes. 

You agree to comply with all applicable laws and regulations of the various states and of the United States and any country into which you import any products you purchase through the Site. You understand that you are wholly and exclusively responsible for compliance with any resale, exportation, importation, distribution, marketing, labeling, licensing, and registration laws applicable to any products you purchase through the Site.  You further agree to indemnify, defend and hold harmless Evenflo Colours, inc and its directors, officers, employees, and agents from and against any and all causes of action, liabilities, claims, costs, damages and expenses arising out of or related to 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 regarding the export, import, distribution, marketing or sale of the products.

We 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.

Except for issues governed by federal law, all matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Maryland in the United States without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

(a)  YOU AND WE ARE AGREEING TO GIVE UP (WAIVE) ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) 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 EXCEPT AS PROVIDED BELOW.

(b)  The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules if you are an individual consumer or the Commercial Arbitration Rules and Mediation Procedures if you are a business, except as modified by this Section 11. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

(c) You may elect to pursue your claim in small-claims court rather than arbitration if your claim is within the scope of the small-claims court’s jurisdiction. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

(d)  You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Our order confirmation, these Terms, our Website Terms and Conditions of Use, and our Privacy Policy are the final and integrated agreement between you and us on the matters contained in these Terms.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.