Last Modified: December 28, 2022
Returns. Notwithstanding anything herein to the contrary, Company is not required to accept any returns of, or provide any refunds for, any defective or damaged products where such defects or damage were caused by You. Unless otherwise stated in the specific product page portion of our website related to the product You have purchased, unopened, properly working and undamaged items in new condition, that have been delivered to you within the past thirty days prior to the return, may be returned to Senor Mist, L.L.C. for a refund of the lowest price of the item listed on senormist.com within the past 60 days immediately prior to the return, minus a 20% restocking fee. In the event of such a return, You shall also be responsible for arranging for return shipping and return shipping costs.
Delivery. Any liability of Company for non-delivery of the products shall be limited to delivering the products within a reasonable time or adjusting the invoice respecting such products to reflect the actual quantity delivered.
Title and Risk of Loss. Company shall bear the risk of loss until the products are delivered to You. Title and risk of loss pass to You upon delivery of the products.
Payment Terms. You shall pay for all products in full in US dollars prior to shipment of the products.
Limited Warranty. COMPANY MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS, AND YOU SHALL SOLELY TO THE MANUFACTURER’S WARRANTY, UNLESS OTHERWISE STATED ON THE PARTICULAR PRODUCT PAGE RELATED TO THE PRODUCT(S) YOU HAVE PURCHASED FROM COMPANY.
Limitation of Liability. IN NO EVENT SHALL Company BE LIABLE FOR ANY DAMAGES BEYOND THE TOTAL OF THE AMOUNTS PAID TO Company FOR THE PRODUCTS SOLD UNDER THIS AGREEMENT OR $5,000.00, WHICHEVER IS LESS.
Survival. Subject to the limitations and other provisions of these Terms of Sale, the representations and warranties of the Parties contained herein shall survive the expiration or earlier termination of these Terms of Sale.
Severability. If any term or provision of these Terms of Sale is invalid, such invalidity shall not affect any other term or provision of these Terms of Sale.
Waiver. No waiver by any party of any of the provisions of these Terms of Sale shall be effective unless that waiver is in writing signed by the waiving party.
Assignment. Neither party may assign any right in these Terms of Sale to anyone else, and these Terms of Sale inure to the benefit of the parties to these Term of Sale and their respective permitted successors and permitted assigns.
Resolving Disputes. If any disputes arise between Company and You, those disputes will be resolved by mutual agreement; and, if You and Company cannot reach an agreement, then a mediator will be retained to assist in reaching a resolution; and, if that fails, the matter(s) will be submitted to binding arbitration. The mediation and arbitration shall be conducted under the Mediation & Arbitration Rules of the Arbitration & Mediation Center of Arizona (www.usamediate.com).