LUXOR STYLES OF FLORIDA, LLC
Terms & Conditions of Sale
These terms and conditions (“Agreement”) apply to your purchase of jewelry (“Product”) from Luxor Styles of Florida, LLC d/b/a Butterflyze (“BUTTERFLYZE”, “we”, “our”, or “us”). These terms and conditions of sale apply to all purchases, including Internet, telephone, or product-party purchases. By placing an order and/or accepting delivery of Product, you accept and are bound to the terms and conditions of this Agreement. This Agreement may not be altered, supplemented, or amended by the use of a purchase order or any other document unless otherwise agreed to in a written agreement signed by both you and BUTTERFLYZE.
Orders; Payment: Orders placed do not constitute a legal contract until BUTTERFLYZE delivers or ships the Product. Terms of payment (including credit cards or payment by cleared check) are within BUTTERFLYZE’s sole discretion. Unless otherwise agreed to by BUTTERFLYZE, payment must be received by BUTTERFLYZE prior to BUTTERFLYZE’s acceptance of an order. If payment is made by credit card, acceptance of orders is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards. Your order is subject to cancellation by BUTTERFLYZE, at BUTTERFLYZE’s sole discretion. Neither BUTTERFLYZE nor any independent sales representative is responsible for pricing, typographical, or other errors, in any offer by BUTTERFLYZE and BUTTERFLYZE reserves the right to cancel any orders resulting from such errors.
- All prices and availability are subject to change without notice.
- From time to time Products are discontinued or out of stock, but appear on our site as available. In such case, we will contact you to inquire as to whether you would like a substitution, special order, or just a cancellation.
Shipping Charges; Title; Risk of Loss; Taxes: Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to Product passes from BUTTERFLYZE to you upon shipment from BUTTERFLYZE’s facility. Loss or damage that occurs during shipping by any carrier selected by you is your responsibility. Loss or damage during shipping by any carrier selected by us will be our responsibility. You must notify BUTTERFLYZE within 5 days of the date of your purchase if you believe any part of your purchase is missing, wrong or damaged. Unless you provide BUTTERFLYZE with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Any quoted shipping dates are estimates only.
Backorders: There may be times when an item you wish to order is on backorder. Backorder simply means that the Product is out of stock at the time, but the warehouse is aware that you want the item. When the item arrives, we will automatically ship your order to you if we do not hear otherwise. We ship the in-stock parts or items promptly and then ship the backordered items separately when they come in. If your order requires two shipments due to backorder, you will only be charged for shipping on the initial order.
Return Policy: We want you to be satisfied with your purchase. Therefore, you may elect to return or exchange your BUTTERFLYZE jewelry within 30 business days after you receive your Product from BUTTERFLYZE and we will issue a refund minus the shipping charges. Please note that items showing signs of wear or those that have been engraved, altered, resized or damaged in any way cannot be accepted for return. To return jewelry to BUTTERFLYZE, please email our customer service department at email@example.com.. You will be given a Return Authorization Number (a return can not be processed without obtaining a Return Authorization Number first) together with applicable return instructions.
Repairs: Please note that all repairs are handled individually and will charged at the customer’s expense. For repair procedures, please contact us at firstname.lastname@example.org. We will reply with an estimate of the cost for the repair and further instructions. Make sure to include your name, address, phone number and e-mail address, and note the reason for repair.
Limitation of Liability. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE DISCLAIMED BY BUTTERFLYZE. BUTTERFLYZE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, BUTTERFLYZE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, BUTTERFLYZE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT.
Governing Law. The parties agree that this Agreement, any sales thereunder, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between you and BUTTERFLYZE arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, BUTTERFLYZE’s advertising, or BUTTERFLYZE’s website shall be governed by the laws of the state of Florida, U.S.A., without regard to conflicts of laws rules. Any actions, regardless of form, arising out of your transaction with BUTTERFLYZE or the Product must be brought within the applicable statutory period, but in no event more than one year from the date of purchase of Product.